Your Statutory Obligations in the Event of a Road Accident
Car Accident
It's usually a harrowing experience being involved in a car accident. Accidents come with shock and trauma. Despite the shock and trauma, motorist is required by the law to comply with certain statutory requirements. Failure to comply with these statutory requirements will render the motorist liable to road traffic offences.
Insurance Policy
Insurance policies expressly forbid the insured to admit any degree of liability. The motorist should therefore avoid any verbal and physical confrontation with any person. The rule is: whatever the circumstances of the accident, the motorist should remain calm and silent.
Accidents Do Happen
A Road Traffic Conviction Can Pay Handsomely
If you are unwilling to cooperate in any criminal proceeding against the offending motorist, the traffic police are usually reluctant to pursue a conviction. Remember, a road traffic conviction can pay handsomely in any subsequent claims made against the third party for damages or personal injuries sustained through the third party negligence. These damages are paid by the insurance company of the offending motorist.
Defensive Driving
Scene of the Traffic Accident
At the scene of the traffic accident, vehicles are not supposed to be moved until the traffic police have been called and come. The traffic police are not obliged to attend to the injured motorist, and if they may attend the injured, you are still under no obligation to make a statement even if charged and arrested. However, if you are requested for your name, address and details of your driving license and vehicle documentation, you should divulge them.
Damages Paid by Insurance Company
If you are the innocent motorist, the traffic police will ask you if you want to press charges against the offending motorist. If you are unwilling to cooperate in any criminal proceeding against the offending motorist, the traffic police are usually reluctant to pursue a conviction. Remember, a road traffic conviction can pay handsomely in any subsequent claims made against the third party for damages or personal injuries sustained through the third party negligence. These damages are paid by the insurance company of the offending motorist.
Support Third Party Proceedings
It is therefore recommended that you as a motorist should support any possible third party proceedings commenced by the traffic police.
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