Making a claim after a road accident when the driver at fault was not prosecuted16 August 2012
The police do not routinely record or attend all road accidents because often no further investigation is needed, and drivers can deal directly with their insurance companies.
The police generally make further investigations when a road collision involves fatal or serious injuries, aggressive or impatient driving, misuse of speed, although other circumstances are considered. Not all investigations result in a prosecution, a driver will only be prosecuted if they are found to have committed an offence.
There are many circumstances where there is insufficient evidence for a criminal prosecution, but a civil claim for a personal injury is still possible. A criminal prosecution and a civil claim are dealt with in different courts and different rules apply.
If the police attended the scene of a road collision, they should:
- Ensure the scene of the accident is safe.
- Ensure injured people receive appropriate medical treatment.
- Determine how the accident occurred, and consider possible offences.
- Direct traffic around the accident scene safely.
- Record accident details.
- Identify and obtain witness details.
- Assist with the recovery of vehicles from the scene.
If the police do not attend the scene of a road collision, you should:
- Ensure anyone injured receive help.
- Ensure people and cars are not creating further hazards.
- Make a record of how the accident occurred whilst it is still fresh in your mind.
- Exchange details with other drivers involved in the road accident.
- Obtain names and addresses of witnesses to the accident if possible.
- Sketch the accident scene or take photographs.
Injured on the roads? Help and compensation is close at hand.
If you’ve been injured on the roads in the last three years, Thompsons Solicitors' expert road traffic accident solicitors can support you with making a road traffic compensation claim.
Whether you were the driver or passenger in a car, lorry, coach, van, bus, truck, on public transport or were injured as a pedestrian or cyclist, you may be able to claim for damages.
If you have suffered injuries such as whiplash, bruising or a more serious injury following a road traffic collision on the motorway, country lane or city roads, our solicitors across the UK are ready to help you to make a claim and access any rehabilitation you require.
Unlike other firms, Thompsons only ever acts for the injured person – never for insurance companies. This means we will fight harder to secure the maximum level of compensation for your injuries, and don’t need to please motor insurance paymasters.
Contact us today for a free, no obligation assessment of whether you have a claim for compensation following a road accident.
For further information, visit our How to Make A Compensation Claim page.