COLLISION AFTERCARE A step-by-step guide for motorists involved in a road traffic collision

Transcription

1 COLLISION AFTERCARE A step-by-step guide for motorists involved in a road traffic collision This information pack has been provided free of charge by Hampshire Police & Collision Aftercare to assist motorists

2 Contents Our service to the public 3 So what happens now? 4 Common questions 6 Where to address any comments 10 Useful numbers 11 Vehicle crime prevention 12 Collision details 16 Witness details 17 Collision sketch plan 18 Notes 19 Foreword Hampshire Constabulary in partnership with Car Call UK look to provide road users with all the information they need following a road traffic collision. This booklet is intended to outline not only the responsibilities of the police at the scene of a collision, but also includes helpful information to aid the road user at what can be a stressful time. Being involved in a road traffic collision is fortunately a rare occurrence for most of us. Hampshire Constabulary is committed to reducing the number of collisions on our roads by providing road users with the most up to date road safety information, education and advice. We have endeavoured to answer many of the common questions you may have, and hope you will find this booklet helpful. Chief Constable Andy Marsh Car Call UK is committed to respecting your privacy and security by protecting your personal information in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications Regulations The Information you provide may be shared with other companies that we work with for the sole purpose of processing your claim efficiently and providing the best quality of service to you. Your personal information will not be disclosed to any third parties without your prior consent for purposes additional to, or different from the purpose stated above. 2

3 Our service to the public Hampshire Police is committed to the delivery of a superior public service when dealing with road traffic collision investigations. Our responsibilities n To ensure your safety and that of other road users. n To co-ordinate the work of the emergency services. n To restore the safe flow of traffic. n To organise vehicle recovery if required. n To manage the investigation to ascertain the cause of the collision and if any traffic offences have been committed. n To give help and reassurance to the individuals concerned. Further assistance This pack has been created to provide support and assistance to anyone involved in a road traffic collision. It includes information and advice, in addition to contact details of other organisations that may be helpful to you following your collision. To assist you further we have also included: n A pen with several blank pages for you to take notes at the scene. n An area to make a sketch of the scene that should include an indication of the movements of the vehicles involved, their starting and finishing positions, road markings and road names etc. This record will help you capture as much information as possible while the circumstances are still fresh in your mind. n Driver information cards. These cards are useful for noting down and exchanging all relevant information between the drivers and witnesses involved in the collision. You are obliged by law to exchange this information with all parties involved. Try to get the details of any independent witnesses that can verify the circumstances of the collision. These details should be given to your insurer and also possibly to the police if we need to conduct an investigation. Should you need any further information from us regarding your collision please call the Police Non Emergency number on 101 and they will either provide this information or direct you to someone who can. Car Call UK are a private company who give help and assistance following a collision. They are able to provide a replacement car, arrange guaranteed repairs at a local repair centre, assist with reporting claims to your insurer and provide FREE legal advice, and offer services within the personal injury sector. Hampshire Police does not endorse this, or any company, its products or services. For general information and assistance, you can call the Collision Aftercare Customer Helpline on for free help and advice. For deaf access please see page 11. 3

4 So what happens now? This information pack has been provided to you by the police after they have attended a road traffic collision in which you were involved, or after you have reported the collision at a police station. The officer dealing with the case has written their details on the front of this pack along with the date and location of the accident. Alternatively you may have received this pack via if you have called the Police directly to report your collision. Your responsibilities If you have been involved in a road collision with another vehicle you must stop and give your name, address, your vehicle registration number and the name and address of the vehicle owner (if it is not you) to anyone who requires it. If you do not do so you may be liable to prosecution. In addition to this you should also try to: n Ensure your safety and that of others at the scene. n Warn other road users of the hazard if it is safe for you to do so. n Notify the emergency services if required. n Help the injured in any way you can - if you are able to do so. n Obtain the details of any witnesses. n Record the positions of any vehicles involved by making notes or taking photographs if it is safe to do so. When is a police report required? In most instances where there has been a collision where no injuries have been sustained, no road traffic offences have been alleged and driver details have been exchanged, a police report will not be made. A formal police report is likely to be made in the following circumstances: n If a person has been injured or there is a fatality. n If one or more drivers fail to stop after the collision. n If there is sufficient evidence to support a prosecution of one or more parties. n Where a driver has clearly lost control of their vehicle. n If any signage or crash barriers have been damaged. n If a vehicle defect has significantly contributed to the collision. Making a statement In the event that you have not made a verbal or written witness statement at the scene of the collision, you may be required to make one later, so making some notes following the collision will be helpful for future reference. Your statement may be needed by solicitors and insurers should any civil proceedings be required. You may need to contact your solicitor, your insurer, Citizens Advice or your claims advisor before making your formal statement. They will be able to offer you further legal advice and support regarding your situation. 4

5 About your driving documents You may be asked to produce the following documents at the time of the collision. n Driving licence. n Certificate of insurance. n Vehicle MOT certificate. If you were unable to produce your driving documents for examination (eg driving licence, certificate of insurance, test certificate) to the police officer at the time of the collision, or the officer was unable to ascertain that these documents were in order, the officer may have issued you with a form to produce your documents. Producing your documents is becoming a lesser used option as the Police now have wider access to this information online. If you are required to produce your documents, you must do this within a maximum of seven days to comply with the law and avoid prosecution. Please ensure you take the form when you produce your documents. Remember, you must produce your driving licence in person. The other documents may be produced by your representative. Vehicle recovery In order to ensure the safety of other road users, damaged vehicles should be removed from the scene of the collision as soon as possible. If any of the vehicles involved are unsafe to drive, the police will arrange for an approved agent to recover the vehicle and store it in a secure location. The costs for the recovery will normally be the responsibility of the owner; however you may be able to recover these costs at a later date with the help of your insurer or claims advisor. The collision aftercare helpline gives you free advice and support after an incident. 5

6 Common questions Being involved in a road traffic collision can be a very stressful and traumatic experience for all those concerned. Fortunately this is a situation that occurs rarely for most road users and so you may not be familiar with many of the procedures involved. We have put together a number of common questions and answers for you that can help clarify some of the issues that may arise as result of your collision. Do I have to inform my insurance company? We would advise you to inform your insurance company regardless of whether the collision was your fault or not. Even if you choose not to make an insurance claim with them they will need to have a record of the collision for information purposes only. Most insurers usually allow up to 28 days to inform them, however failure to do so may invalidate your insurance policy. Information your insurer will ask for: n The date and time of the collision. n Contact details of all those involved. n Car registration numbers of those involved. n Contact details of witnesses. n The circumstances of the collision. n Police incident number. As part of the Collision Aftercare service we may be able to report your claim on your behalf, please ask for details. It is always advisable to collect this information yourself following a road collision, but under the circumstances it is understandable that you may forget to record some important details. If you find yourself in this situation you can call Hampshire Police s Non Emergency number on 101 and they will either provide you with the information you need, or put you in touch with someone who can. Calls may be recorded and/or monitored. Do all collisions result in a prosecution? No, not necessarily. If the police at the scene suspect that a road traffic offence has been committed, they will either tell the driver verbally at the scene or inform them in writing after the collision. Prosecutions are only made if the Crown Prosecution Service (CPS) believes that there may be sufficient evidence to secure a conviction. This will normally be based on the information contained in the formal police report made at the time of the collision. In appropriate cases, the responsible driver may be offered a place on a Driver Awareness Training scheme as an alternative to prosecution. This scheme is intended to educate drivers who have committed relatively minor traffic offences, so that they become more aware of road safety issues and are less likely to re-offend 6

7 Under what circumstances is a prosecution made? The CPS will consider all the circumstances of the collision based on the information supplied to them by the police as a result of their investigation into the collision. If they decide that the driver s actions constitute a danger to other road users and there is sufficient evidence that may prove that a road traffic offence has been committed, it may be decided that it is in the public interest to bring about a formal prosecution. The CPS is guided by The Code for Crown Prosecutors. A copy of this document is available by contacting the CPS information branch on How do I know if I have been charged with an offence? If the CPS decides to prosecute, you will be issued with a written summons which will give details of the alleged offence and a requirement to appear in court to answer the charges against you. In some situations you may be taken directly to the police station and charged at the time of the incident. Depending on how serious the charges are against you, the court hearing will either take place at a local magistrates court or a crown court. Being summoned as a witness If you have been summoned as a witness in a court case the first thing to remember is to be there on time. Court time is expensive and it will not be appreciated if the hearing has to be delayed or postponed on your account. If the collision happened some time ago, try to review any notes or information you have about the accident and particularly what was said in your statement to the police. In addition to the above you should also bear in mind the following: n Court proceedings can sometimes be delayed, shortened and even postponed. n The defendant will be in court at the time of the hearing and will hear all the evidence presented. 7

8 Common questions n If you are a witness you will not be present in court until you are called to give evidence. After giving evidence you may stay in the court room if you wish, but if you do not it is important that you do not speak to other witnesses before they give their evidence. n You may have to use the same court facilities as the defendant. n All court evidence is for the benefit of the magistrates, or the judge and jury. You may not be permitted to view supporting evidence such as video or photographs taken at the scene. n If the police are in attendance they may be able to help you understand the court proceedings. If you are appearing as the victim of an alleged careless or reckless driver in a court case and would like further help and support regarding the court process, you can contact the Victim Support service. For more information ring and ask about the Witness Service. Calls may be recorded and/or monitored. I need a copy of the police collision report, can I get one? Once the police investigation has been completed, you can get a copy of this either via your insurer or via your legal representative. There is an administrative fee for this service. Can I contact the police officer who attended the scene of the collision? The police officer will do their best to keep you up to date with how the collision investigation is progressing and also the likelihood of a prosecution. Bear in mind that it may take time to collate all the information following the collision. If you have any questions the best way to get in touch with the officer concerned is to call the Non Emergency number on 101. They will be able to either put you through directly or enable you to leave a voice message. Calls may be recorded and/or monitored. What are civil proceedings? Civil proceedings are different to and separate from criminal proceedings, and are not brought by the police. If you feel a collision was the fault of someone else you may be able to bring civil proceedings, either to recover losses or expenses you may have incurred or to claim compensation for any injury you may have suffered. You should, however, consult a professional advisor if in any doubt. Will there be any publicity surrounding the incident? Publicity can help encourage any witnesses to come forward and can also help to prevent future collisions by making people aware of the potential dangers motorists can face. The police will always look to minimise any embarrassment and take steps to prevent the identification of vulnerable people. 8

9 What are the after effects of a road collision? Recovering from the emotional affects of being involved in a road traffic collision can sometimes be a long and difficult process. A significant number of people each year are involved in collisions in the Hampshire Police area. The symptoms you may suffer from following a road collision will vary from one individual to the next, but can include shock, anxiety, anger and even guilt. These symptoms will normally decrease during the weeks following the collision but in some cases they may persist or even develop into a more serious condition known as posttraumatic stress disorder (PTSD). If you begin to suffer from a persistent lack of sleep, nightmares and constant feelings of anxiety, you may be suffering from PTSD. If you feel that you may have PTSD, you should visit your doctor who will advise you on the best way to treat the condition and hopefully make a full recovery. I have been injured, what do I do? If you feel you may have suffered an injury you should first seek medical advice. You may be entitled to compensation if the collision which led to the injury was caused or contributed to by someone else, even if that person was not insured. In addition to injury compensation you may also be able to claim for various costs or expenses, including: n The cost of repairing or replacing your vehicle n An insurance policy excess n The cost of hiring a replacement vehicle n Towing and/or storage costs n Lost earnings n Treatment fees n Travel expenses n Legal fees You may even be able to reclaim your costs and expenses, or seek injury compensation if the person who caused or contributed to the collision was not insured. An independent fund contributed to by the insurance industry and operated by the Motor Insurers Bureau may be able to assist you. If you believe you may be entitled to make a claim, or you would like some general advice from Collision Aftercare, please telephone the Customer Helpline on Hampshire Police is unable to assist with claims for losses or compensation as these are wholly civil matters. Hampshire Police does not endorse any company s products and services in these matters. 9

10 Where to address any comments If your comments are about the police, you can write to the Chief Constable, Hampshire Constabulary, Police Headquarters, West Hill, Romsey Road, Winchester, Hants SO22 5DB. If your comments are about the CPS you can write to the Chief Crown Prosecutor for your area. If you do not receive a satisfactory reply, you can contact The Director of Public Prosecutions, Rose Court, 2 Southwark Bridge, London SE1 9HS. The CPS is answerable to Parliament through the Attorney General, the government s chief legal advisor. You can write to the Attorney General, 20 Victoria Street, London SW1H 0NF. If your comments are about the courts, you can write to the chief clerk of the particular court concerned. Additionally, the Home Office publishes a Victims Charter which explains the standards you should expect from the criminal justice system. Call the Home Office on or visit the Home Office website and download a free copy. Calls may be recorded and/or monitored. Assistance following a collision FREE advice How to proceed following your collision and next steps A like-for-like temporary replacement vehicle If a non-fault accident, other courtesy vehicles available No excess to pay in many instances Please ask your advisor for more information Guaranteed repairs At approved accident repair centres throughout the UK Claims reporting service We can give you advice and even report claims directly for you 10

11 Useful numbers Hampshire Constabulary s Force Enquiry Centre on 101 is the best way to contact the force in the first instance. They may be able to provide you with the information or advice you require. They can also put you in touch with other members of Hampshire Constabulary, or leave messages for people to contact you. Hampshire Constabulary 101 Individual officers can receive s if posted to the following address: postmaster@hampshire.pnn.police.uk Please include the date, time and location of the collision you are contacting us about, and a reference number if you have one. Road Safety Organisations Campaign Against Drinking and Driving Motor Insurer s Bureau Victim Support For Deaf Access Text the word DEAF followed by your message to * *Charged at your network standard rate per text Road Blue Lamp Safety Trust Officers: Driver Training Road Safety Officers Hampshire County Council Isle of Wight Council Portsmouth City Council Southampton City Council Hospitals North Hampshire Hospital Royal Hampshire County Hospital Southampton General Hospital Queen Alexandra Hospital Frimley Park Hospital Saint Mary s Hospital (IOW) Motor Claims Advice FREE Motor Claims Advice

12 Vehicle Crime Prevention Advice Vehicle crime accounts for more than a quarter of all recorded crime in the UK and costs the taxpayer more than 3 billion a year. Most vehicle criminals are opportunists. By following the tips below you can outsmart thieves and limit their opportunities to steal your valuables or vehicle. Doors and Windows Always make sure that doors are locked, windows and sun-roof are shut when leaving the vehicle. Keep your valuables and possessions safe and out of sight Do not leave any belongings on display, including items of low or little monetary value. Coats and Clothing These are frequently left on view on the back seat of cars. They are popular with thieves, not only for their resale value, but because the pockets may contain valuable items such as money or keys. Electronic Items and Jewellery A potential treasure trove awaits a car criminal who sees items such as cameras, video cameras, watches and even jewellery left on view inside a car. A smashed window, a few seconds and they are away with your property. Always take your property with you Laptop Computers Never leave your laptop in your car. These have a high resale value for car criminals who will be more than happy to steal them if they are left on view. Car Stereos/Portable Media Players Car stereos are easily removed from cars and can be sold on quickly. Always take the detachable control panel with you when you leave your vehicle. If there is a PIN security code number with the audio equipment 12

13 ensure it has been activated. Never keep the PIN with the stereo or with the user manual in the car and make a note of the stereo serial number. The use of Portable Media Players in cars, as an alternative to car stereos, has greatly increased. Always remember to remove both player and cradle when leaving the car. CD s CDs left on view in a vehicle are music to car criminals ears who will steal them to sell on. Never have large numbers of CDs in your vehicle and always keep them out of sight. Wallets, Purses and Credit Cards These are attractive to car thieves as they are the gateway to untold riches. Always take your money / wallet / purse with you, do not hide inside the car. The first two places a car thief will look on breaking into a car are within the glove box or under the seat. Mobiles Phones Mobile phones have a high resale value for the car criminal; they are easy to carry and sell on. If stolen it means inconvenience for the owner as the loss of business and personal contact numbers results in no one will be able to contact you. It may also take time to replace your phone and re-establish the contacts. Car Keys Keep your car keys safe at all times Always remove keys from the ignition and lock all doors when leaving the vehicle. It only takes a thief a few seconds to jump into your car and drive away. At home, keep your car keys in a safe place which is out of sight and away from windows and doors. Security Marking Many newer cars will already be fitted with an immobiliser and/or car alarm, if not consider having one professionally fitted. 13

14 Electronic immobilisers, which prevent the car from starting, or mechanical immobilisers such as steering wheel locks, will also deter car thieves. Steering wheel locks are in-expensive and available from most car accessories stores. To prevent tyre theft fit wheel nuts, they are inexpensive and easy to install. Security Markings Consider marking all your valuables with a unique identification number such as your postcode. Also consider having your car s registration number or the last 7 digits of your Vehicle Identification Number (VIN) etched onto all glass surfaces, including headlamps. These numbers can be linked to recognised security databases. Also, make a note of the car s chassis number. Parking When parking in public streets and roads leave your car where it can be seen by others, not out of sight. Look for a car park that is well supervised. At night, avoid parking in areas with little or no lighting. Remember to tuck in wing mirrors and put the aerial down to discourage vandalism. If you have a garage try to park your car in it overnight. If you have a private driveway parking your car on it regularly, instead of a public road may reduce your car insurance premiums. Sat Navs Mark your Sat Nav with your car s registration number to make it harder to sell if stolen. Never programme your home address into the device under the title home as a thief will be able to locate where you live. If your car is in town, they may assume that your home is likely to be empty. Never leave your Sat Nav equipment in the car, always take it with you. Make sure the Sat Nav cradle is removed from the windscreen and keep a cloth in the vehicle to wipe away any suction mark 14

15 left on the glass. Thieves may see this mark as an indication that there is a Sat Nav hidden within the car. Make a note of the serial number and keep the information in a safe place in case the device is stolen. Security mark each part of your Sat Nat with SmartWater or an ultra violet marker. If stolen, using either of these marking systems will help the police re-unite you with your property if recovered. Theft of car number plates and catalytics converters Number plates are generally stolen in order to be used on vehicles involved in other criminal activity. You can prevent this by having anti-theft number plates fitted that shatter when anyone tampers with them, or fitting self locking screws. In order to reduce the risk of catalytic converters being stolen always park in busy, well lit car parks, or in areas with security coverage that includes CCTV. In situations where emptying your van is not possible, fit a battery powered alarm. These can be easily installed into the back of a van, are remotely set and release an audible siren which activates as soon as the vehicle is entered. No potential thief will want to hang about to be seen. The above items belong to you, you ve worked hard to afford them. Help protect yourself, vehicle and belongings from car thieves. If you are a victim of car crime report it to the police. Tradesmen - Power tools and other work equipment Never ever leave tools in your van overnight. Always remove, put them in a secure area and place a notice or sticker in the van window stating that all tools have been removed. If stolen you will not only have the expense and frustration of having to source and replace specialist equipment but could lose valuable work if you don t have the tools to do the job. 15

16 Collision details Date & time of collision Location of collision Officer attending scene Collision reference Police station Vehicle 1 Make Vehicle 2 Make Registration number Registration number Colour Colour Driver Driver Address Address Owner Owner Address/contact number (optional) Address/contact number (optional) Insurance details Insurance details 12

17 Witness details Witness 1 Name Witness 2 Name Address Address Contact number (optional) Contact number (optional) Vehicle details (if applicable) Vehicle details (if applicable) Notes Notes Witness 3 Name Witness 4 Name Address Address Contact number (optional) Contact number (optional) Vehicle details (if applicable) Vehicle details (if applicable) Notes Notes 13

18 Collision sketch plan Please make a sketch plan of the collision scene including any details such as street names, house numbers and where any vehicles came to rest. Also indicate the front and rear of the vehicle and the direction of travel. This information may be helpful should you be required to make a statement. If you have general questions or require further assistance, call the Customer Helpline on This service is available 24 hours a day. There is no charge for the advice given. Calls may be recorded and/or monitored. 14

19 Notes 15

20 Help at the scene Your collision advisor will provide specialist help and advice to ensure that the experience is no more stressful than it needs to be, and can also provide: n Guidance for collecting the information you need to pursue your insurance claim n A way to relay any urgent messages to your friends or family n Arranging professional legal advice for any liability issues Further assistance When you get home your collision advisor can call you at a convenient time to arrange further assistance including: n Organising a suitable replacement hire vehicle for you n Further advice on how to proceed with your claim n Guidance regarding your eligibility for a possible compensation claim Contact us from the scene of your collision on our 24-hour Customer Helpline Calls may be recorded and/or monitored. Some mobile phone operators may charge extra for this call. Any service provided depends on the judgement of Car Call UK as to whether the accident is fault or non-fault. General advice is given free of charge, some charges may apply for any services we arrange on your behalf that have been accepted by you, however you will be made aware of any potential cost. HAMP01 v1

21 Information Exchange Card Complete this form with your details and hand over to the other driver. Ask the other driver to do the same and hand their card back to you. Date & time of collision Police collision ref Location of collision My name My address Postcode Tel no. (optional) Insurance details My registration Make/model/colour Information Exchange Card Complete this form with your details and hand over to the other driver. Ask the other driver to do the same and hand their card back to you. Date & time of collision Location of collision My name My address Police collision ref Postcode Tel no. (optional) Insurance details My registration Make/model/colour

22 Information exchange card You can now receive free advice and assistance about this collision. Please now call the Collision Aftercare helpline Speak to a professional 24 hours a day. Alternatively you can go direct to a solicitor or to a regulated claims management company for advice and assistance. Calls may be recorded and/or monitored. Information exchange card You can now receive free advice and assistance about this collision. Please now call the Collision Aftercare helpline Speak to a professional 24 hours a day. Alternatively you can go direct to a solicitor or to a regulated claims management company for advice and assistance. Calls may be recorded and/or monitored.