The following are three golden rules to remember on the scene of an accident:

It is human nature to feel regret and to want to console others when an unfortunate event such as an accident occurs, and this sometimes leads to drivers immediately apologizing to others without properly considering who was actually at fault, and to what extent, for the accident. You may think you are in the wrong but the other driver may be as much at fault as you are and generally it is better to refrain from apologizing or admitting fault until you have taken some time to get over the shock of the accident and consider what really occurred. There will be plenty of time to apologize and admit fault later on if appropriate, and seldom much benefit in rushing to do it on the scene of the accident.

 

In some cases it will be very important to collect information shortly after the accident and indeed if it is not collect the ability of the claimant to recover compensation may be compromised. More records are almost always better than less, so, as a general rule, document everything!

You, or, if you are not able, someone on your behalf, should collect the following information on the scene of the accident:

Taking pictures is generally a good idea; a picture really can be worth a thousand words. Take pictures of everything, and save a backup of the pictures as soon as you get home.

If you are not able to collect the above information on the scene of the accident efforts should be made to obtain it in the days following the accident e.g. return to the scene of the accident to take photographs, obtain a copy of the police report, etc.

A foolish mistake can be to not collect information on the scene of an accident because you think you are not injured. In some cases the shock of an accident can distract one from the fact they might be injured, but it is always better to collect more information rather than less.

Remember, it is better to collect information you may not need than to not collect information you might later wish you had!

 

It may sound obvious, but the importance of promptly obtaining proper medical treatment cannot be over emphasized. If you fail to obtain proper treatment and as a result your overall condition is aggravated your ability to recover compensation may be limited. It is better to be checked out and told there is nothing to worry about, than to not get checked out and suffer long term adverse consequences for which you may not be fully compensated.

If you have visible injuries you should make notes of what they are and, if they are visible, take pictures of them shortly after the accident. Taking pictures of visible injuries as they heal, or don’t fully heal, over time is also often beneficial. Keeping a diary or other notes regarding the progression of recovery can often be useful.

 

As explained in more detail in the tort section of the website, accident victims who have tort claims can seek compensation for all losses related to the accident, including reasonable out of pocket costs. A broad range of out of pocket expenses may be claimed, including costs for transportation (e.g. due to not having a vehicle available), damage to property (including for example clothing and damage to bicycles in cyclist claims), medication, etc. Claimants should keep all records (e.g. receipts, prescriptions, etc.) to prove amounts expended, and should keep all evidence required to prove damage to property e.g. cyclists should not throw out damaged helmets or clothing until their claims are resolved.