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So you’re the only person around to administer first aid at the scene of a road accident, what do you do? Is it best to leave the person until emergency services arrive, or should you leap in and have a go at helping anyone who’s been injured?

Clearly, if you have some training in first aid then you will be the person to deal with the accident but what if you have no experience? What if you injure the casualty?

Will you be prosecuted? These could be some of the questions you are likely to ask yourself should such a situation arise. There’s no law to say that if you’re involved in a roadside accident or are a bystander that you must administer roadside first aid but this does not mean that it’s OK to leave an injured person who you know is in danger. In fact if you do, you may be liable through your omission to act.

If you are not happy to give someone first aid treatment, maybe you faint at the sight of blood? Then there are still things you can do to help.

You can:

• Call 999 or get someone else to do it if it’s an emergency.
• Make the area safe – further collisions and fire are among the main hazards when there’s a road accident but there could be broken glass, or spilt oil to look out for too.
• If you are in a car you need to switch off your engine and turn on your hazard lights to warn oncoming traffic.
• Don’t let anyone in the area smoke.
• Monitor the casualty and/or find out what happened.
• Do not allow the casualty to wander around at the scene in case they walk into the path of other traffic.
• Try to maintain the victim’s body temperature (e.g. by keeping them warm or shaded).
• Protect the casualty from severe weather conditions.
• Comfort the casualty. Reassure them confidently and try not to leave them alone.
• Try to make them comfortable – but only if you do not suspect they have any spinal injuries.
• Don’t move any casualties from vehicles unless they are in serious threat of further danger.
• Do not remove a motor cyclist’s helmet unless it’s an absolute necessity.
• Never give the casualty anything to eat or drink.

You can also, if qualified to do so, check the casualty for:

• Responsiveness (signs of life).
• Breathing difficulties.
• Severe bleeding wounds (e.g. arterial).
• Spinal injuries.

Emergency care

If you are in a position to provide emergency care you can follow the following procedure:

Danger

Ensure that you are not in danger.

Response

Try to get a response from the person by giving their shoulder a gentle shake and asking whether they are alright. If they respond, check for injuries.

Airway

If there’s no response, open the casualty’s airway by placing your fingers under their chin and lifting it forward.​ If the casualty is unconscious and breathing, place them in the recovery position until medical help arrives

​Breathing

Check that the casualty is breathing normally. You should be able to see their chest moving, feel the breath on your cheek or hear them breathing. If there are no signs of breathing you can start CPR (cardiopulmonary resuscitation – a life saving medical procedure which is given to someone who is in cardiac arrest).

Be prepared

Always carry a first aid kit. It’s not something you might ever believe you’d need but it could save a life. Also first aid is an excellent skill to have. You can get first aid training from a qualified organisation such as St John Ambulance, St Andrew’s First Aid, British Red Cross, or any suitable, qualified body.

Am I liable if I injure a casualty?

You could be liable for substantial damages if your intervention was considered negligent and caused an injury that the casualty hadn’t sustained in the accident.

This doesn’t just apply to someone who has no training and decides to step in, it is also the case whether you are a healthcare professional, or a non-professional volunteer first-aider.

For example, if you gave chest compressions in a situation where a casualty was not in cardiac arrest and your actions caused damage to the chest wall or underlying organs, you would be causing injuries which would not otherwise have been suffered and, given that the casualty was not in need of emergency resuscitation, would by this intervention be leaving them in a worse state.

If, however, you performed CPR on someone who was in cardiac arrest and the person would without your intervention almost certainly die then it’s unlikely your actions would be deemed negligent.

There’s also an issue of consent because under UK law any form of physical touch without consent could be interpreted as common assault. This is something to keep in mind although if you touched a casualty who was in need of first aid but was unable to give their consent it would be unlikely to lead to a conviction. Imagine for example if you held the hand of a casualty to reassure them, without first gaining consent, it would be a nonsense to charge them with assault however, a conviction could be made if the first aider were to use any form of force against the casualty to administer treatment.

A lot rests on the severity of injuries for example, if the person you’re attending to is unconscious and therefore unable to consent – or maybe they had refused consent and then became unconscious – you are allowed to undertake treatment that is only required for the purpose of saving life.  You are not permitted to undertake non-life threatening treatment, such as treating minor injuries.  Under the Mental Capacity Act (2005) (2) a person is presumed to have the mental capacity to make their own decisions unless proved otherwise.

If you want to know more about the law and roadside accidents please get in touch with us at the link below and we will be happy to help.

Having a car accident can be bad enough, but what happens if you’re hit by an uninsured driver?

This raises several crucial questions if you then want to make a claim:

• Can you make a claim at all?

• What will your insurance company do?

• What happens if the uninsured drivers runs away from the scene?

• Can you bring a legal action against them?

A large number of accidents in the UK involving motor vehicles also involve uninsured drivers.

The Motor Insurers’ Bureau (MIB) provides compensation for accidents involving uninsured and hit and run drivers.

In 2018, it recorded more than 26,000 personal injuries from collisions with uninsured vehicles or untraced drivers.

Every 20 minutes, one person in the UK is injured this way.

What Must You Do if You’re in a Car Accident? 

There are certain things you MUST do if you’re involved in a car accident, whether the other driver is insured or not.

Make a note of the other vehicle’s make, model and registration number and what damage there is to the other vehicle.

Note the scene of the accident, including any road markings, traffic lights and driving conditions. Make a note whether the other vehicle had its lights or signals on.

Get the other driver’s name and address.

Get contact names, details and statements from any independent witnesses.

If you can, take photographs of the scene and the vehicles involved, which you can then refer to when making a claim.

The other driver MUST give you their insurance details. If they do not, you can report this to the police.

What Happens if the Other Driver is Uninsured?

Normally, if the other driver has insurance, this would cover you, providing the accident was their fault.

If they are uninsured, however, you can still claim for your damages on your own insurance, providing it is fully comprehensive.

There may be certain consequences if you do this:

• You will have to pay an excess fee

• You may lose your no claims bonus.

Some insurance providers may choose to waive the excess fee, and if they include an uninsured driver promise in their policy, they may also let you keep your no claims bonus.

However, if you do make a claim against an uninsured driver, this will still increase your premium when you come to renew your insurance.

There are certain conditions you will need to meet if you are making a claim:

• You must be able to show that the accident was not your fault

• You will need details of the uninsured driver and their vehicle

• You must have the contact details of witnesses.

What if the Uninsured Driver Fails to Stop After the Accident?

If the uninsured driver has fled the scene without leaving details, you should report the incident to the police.

Failing to stop after an accident is an offence. You should report this within nine months of the accident occurring.

However, the police may not take immediate action if there has been no personal injury involved.

But there are alternatives if your insurance is not fully comprehensive, or you cannot provide the details of the uninsured driver.

How Can You Claim Compensation?

MIB (the Motor Insurers’ Bureau) provides compensation for accidents involving uninsured and hit and run drivers.

Although you should report an accident to the police within nine months, MIB recommends that for personal injury claims, you should do this within 14 days, and for damage to property, within five days.

As with other forms of personal injury claim, to make your claim to MIB, you should do this within three years of the accident.

The MIB will investigate the accident, and will accept or reject your claim based on its findings.

For example, if MIB believes you were at fault, or partially at fault, it will reject or reduce your claim.

It will not pay purely on the basis that other driver is untraceable or uninsured.

You must have evidence to back up your claim for compensation.

There are circumstances where MIB refuse your claim:

• If you were a passenger in an uninsured vehicle which you knew, or ought to have known, was uninsured

• If you were a passenger in an uninsured vehicle driven by a drink-driver.

To make a claim, the accident must have occurred on a public road or area, with full access to the public.

MIB states that claimants can seek independent legal advice at any stage of making a claim.

Can You Sue an Uninsured Driver?

You may be able to claim compensation from MIB, but does this mean the other driver still gets away with it?

If the MIB settles your claim, they will seek to recover their costs from the other driver.

Your legal representative, acting on your behalf, will make your claim to MIB in the same way you would approach an insurance company.

Even if the uninsured driver is untraceable, you can still make your claim. It may take longer, but providing you provide the right evidence, it can still be successful.

Accident claims against uninsured drivers can involve:

• Personal injury claims
• General damages.

It is against the law to drive without insurance. The uninsured driver in your claim may therefore face prosecution, and an investigation as to whether they have other necessary documentation for their vehicle. The police have the right to carry out these investigations.

What to Do If You Have Had an Accident with an Uninsured Driver

As we have shown, you can make a claim in this type of situation. The best way to do this is to work with a legal expert in this area.

For help and advice about making a claim against an uninsured driver, please call us on 0151 256 7898, email enquiries@waferphillips.co.uk or fill in our contact form, and we will be in touch as soon as possible.

Disorienting and stressful – road traffic accidents are an unfortunate part of driving on the road that luckily most of us will avoid during our time behind the wheel. However, failing to take the right actions immediately after an accident can leave you with issues that add further distress.

So, why is it so important to take care extra care in the wake of an accident and what steps do you need to take before making a claim or resolving the issue with your provider?

Why is it so important to act correctly?

Simply put, because it’s extremely had to think clearly in the immediate aftermath of an accident. No matter whether it’s bumping into a parked car or being involved in a serious collision, your system will likely be flooded with adrenaline – prompting your fight or flight response. While this can be useful in situations you need to flee from, it’s not so helpful when you need to act calmly and carefully to avoid further injury and ensure that the process steps are followed to avoid injury.

The Road Traffic Act (1988) states that individuals are required to stop and exchange details with any individual involved in a collision – detailing your vehicle reg and personal contact details in full. Failure to do so at the time can open you up to significant fines, legal action, and follow up from the police in a worse-case scenario. It is also essential to remember that your actions can potentially expose you to claims from those involved seeking compensation for injuries – real or imagined.

Taking the time to act correctly can help ensure that the immediate aftermath of a crash is addressed correctly and that long-term issues are mitigated or avoided entirely.

What should I do in the long and short term?

Once an accident occurs, there are number of simple steps to follow, starting with-

Acting with Caution: Once an accident occurs, it is important to get yourself and others to safety with the greatest possible care. First, turn off your engine and apply your hazards, checking yourself and other passengers for injury. If the accident is minor, check that others are fine before exiting the vehicle. If the accident is severe, or you are at risk, contact the ambulance and police services immediately. During this, attempt to remain calm and control your breathing. Once you are ready, have others safely leave the vehicle and move to a secure place nearby.

Interact with Others: When you are calm and ready, interact with other individuals involved in the accident. Remember to maintain a safe distance and ask if they need assistance. At no point during this process should you apologise or admit responsibility until there has been a full investigation into what happened. This will give you a sense of the situation and allow you to act correctly.

Assessing the Situation: If the other driver attempts to leave without exchanging details, appears to be under the influence of drugs and alcohol, or appears to have deliberately caused the crash – call the police about it immediately. If individuals have been injured, do your best to provide care until an ambulance arrives. Remember, some injuries can be made worse by moving the individual so – if you are at all unsure about a person’s injuries – make them comfortable until help arrives.

Capturing Details: At this point, exchange details with the individual capturing the name and address of all involved, your insurance information and establish if the driver is the registered owner of the vehicle. While waiting, take the opportunity to take as much photographic evidence of the scene as possible, including the surrounding area and keep a record of the time and leadup to the crash. This should include the conditions, time and date, the nature of the damage, and any information you can capture – including names of witnesses, nearby CCTV cameras and other elements.

Once you have left the scene of the accident, you are legally required to report the accident to your provider and the police within 24 hours. Once you are out of harm’s way. you must:

Contact Your Insurance Provider: This will allow you to report your crash, detailing your policy number, the details of the car involved and the driver’s name and details. This will enable your provider to start the process of capturing information about your accident and assess whether you want to make a claim. Once this process starts you will only be contacted for further clarification, allowing you to recover and reflect in peace.

Contact A Solicitor: Not all accidents are resolved amicably, and you may find yourself in a position to make a claim against the other driver due to their negligence or defending yourself from a spurious claim accusing you of full culpability for the incident. If this is the case, it is important to contact a reliable solicitor as quickly as possible and provide them with evidence and information that you collected from the scene of the incident. This will allow your provider to assess the integrity of any claim and allow you to rest easy while they pursue every avenue possible to ensure that scammers are promptly dealt with and that you are put in the strongest position to make your case backed by all appropriate evidence.

Get in touch If you want to learn more about handling issues in the aftermath of a crash, our team at Wafer Philips are here to help. With many years’ experience providing care for claimants, we will work with you to provide the protection and care that you require – making the resolution process as efficient and stress-free as possible.

You can review our list of services from here or you can take a look at our testimonials.

If you have specific questions about your case or feel that you have a potential claim, please do not hesitate to get in touch directly and let our team know exactly what you need.

If you’re a car owner, it’s vital to carry out preventative maintenance on your car to reduce the chances of road traffic accidents (RTAs) occurring. Steps like checking your tyre pressure on a regular basis and changing your oil enable you to identify issues before they turn into serious problems.

Read the manual

Reading the manual that came with your vehicle is essential. By paying attention to the manufacturer’s instructions, you can find out what maintenance steps you need to take for your specific vehicle, not just cars in general. The manual will tell you how often you need to change your oil, filters, timing belts and much more.

Key checks

You need to carry out your own inspections regularly. You don’t need expert motoring knowledge to do this. These inspections can include making sure all the lights are working, checking the air pressure, listening out for odd sounds, checking wiper fluid levels, assessing the battery, cleaning the contacts and replacing your windscreen wipers when you start to notice streaks. Your tyres need to be rotated and balanced on a regular basis too – your manual will tell you how often this needs to take place. Spark plugs also need to be checked – if they become worn out, you can find yourself going through much more fuel than you need to.

Why Wafer Philips

At Wafer Philips, we have vast experience when it comes to sourcing compensation for people involved in road traffic accidents. We work on a no-win, no-fee basis and always aim for the best deal possible. You can contact us at any time if you have been in a road accident and suspect you could be entitled to compensation. We will do everything in our power to deliver the best outcome possible and will work closely alongside you to gather together as much vital evidence as we need to make your claim a success.

Getting in touch

To find out more about making road traffic accident claims with Wafer Philips, call 0151 256 7898
or send an e-mail to enquiries@waferphillips.co.uk.