The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(809) MOTOR INSURANCE WHAT SHOULD THE INSURED PERSON DO AFTER AN ACCIDENT

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If you have a motor accident, the rights and obligations between yourself and your insurers are defined in your insurance policy. It is very important that all terms and conditions in the policy, in particular those requiring you to do and not to do certain things in the event of an accident, are strictly complied with. If you fail to comply strictly, you will lose your right to indemnity under the policy. This means that you yourself will have to bear the cost of repairing damage to your own vehicle and pay any compensation awarded to the other party.

When an accident occurs, the following terms and conditions must usually be followed:-

(1) You must immediately inform your insurers in writing, giving particulars of the accident, including registration numbers of the vehicles involved and the damage or personal injury caused.
(2) You must give your insurers all claims and court documents received. Your should keep a copy of all documents sent to the insurers as well as a record of how such documents were delivered to them. If possible, use registered post, or send by hand.
(3) If you are prosecuted, you must immediately notify the insurers in writing, forwarding the summons. The insurers will normally take over conduct of your defence.
(4) You should never do any of the folowing things: confess liability, agree to settlement with other parties involved, promise compensation to others for their loss, or agree to accept compensation for your own loss unless the insurers consent in writing first. If you breach these requirements, the insurers will be able to escape liability and you will have to bear any loss yourself. You should therefore send all correspondence concerning the accident to the insurers for them to reply to.
(5) The insurers have the right to institute proceedings in your name, and to conduct the defence of any proceedings instituted against you, whether civil or criminal. In such an event, you must provide all necessary information to them.

As for repairs to your car, you should first obtain an estimate of repair and submit it to the insurers for approval. If the insurers fail to respond, you may go ahead with the repairs and then claim the cost from the insurers. Provided that the cost is reasonable, the insurers will have to indemnify you, provided the policy covers such a contingency.

Lastly, remember that anyone who makes a claim against you for injury or death is entitled to be given particulars of your certificate of insurance.

Date of amendment: 3rd November 1992