What to do after a Motor Vehicle Accident in the Cayman Islands: A Practical Guide
Motor vehicle accidents (hereinafter called “MVA”) can happen in the blink of an eye, however, despite the sudden occurrence, its effects can last much longer. Generally, in the immediate aftermath of an accident, it is not uncommon for one to feel startled and confused, not knowing what to do as the next steps.
What is done by you following an accident is important, not only for your health and safety, but also for protecting your interests in the event you intend to pursue an insurance claim or one for any personal injuries sustained.
In the unfortunate event that you are involved in a motor vehicle accident in the Cayman Islands, here are some important steps to keep in mind.
1. Check your safety and the safety of the others involved (if any)
After being involved in a MVA, the first step is to stop then ensure that you are safe. If you have passengers in your motor vehicle, check to ensure their safety. The next step thereafter is to check on the safety of the person(s) in the other vehicle or vehicles involved. If someone has sustained some form of injury, seek medical attention immediately.
2. Exchange Information
It is recommended that after a MVA, the drivers of the vehicles obtain the details of the other parties involved in the accident. The following are important:
- Drivers full name, address and date of birth
- Registration numbers of the vehicles
- The name and contact details of the owner of the vehicle (if different to the driver of the vehicle)
- The insurance company the vehicles are insured with and policy numbers
- The name and contact information of any other person involved in the accident
Should there be a situation where the driver of the other vehicle fails to give this information, he or she commits an offence and is considered criminally liable.
3. Contact the Police
If the other driver fails to give the information as mentioned above, you must report the accident to a police station or to a police constable as soon as reasonably practicable or latest, within 24 hours of the accident.
Depending on the circumstances of the accident, you may be required to leave the vehicle in the same position where it first stopped unless contrary directions are given by a police constable. You may also be required to remain at the scene of the accident until otherwise directed by a police constable.
Let us say that there has been no injury to any of the parties involved, you may agree with the other driver not to call the police to the scene of the accident. However, the accident must still be reported to the police within 24 hours of its occurrence.
4. Gather Evidence
Once you have determined that no serious injuries (if any) have been identified following the accident, take photographs and videos of the following:
- Damage to the vehicles
- Position of the vehicles
- Licence plate of the vehicles
The photographs and videos can be of importance if there is ever a disagreement between the parties as to how the accident occurred.
If there are any witnesses to the accident, you can also ask them for their information as their independent report of the accident can potentially be of importance.
5. Notify your insurer
Contact your insurer in accordance with the requirements of your policy after the accident. In any event, notify them as soon as reasonably possible. They will ask you to complete a motor vehicle accident report form; the evidence you obtained will be of assistance with this process.
6. Keep records of losses incurred after the accident
Keep copies of any receipts or documents received as a result of expenses incurred from the accident. This will include:
- Hospital/doctors visits
- Pharmacy purchases stemming from the accident
- Medical records/reports
- Motor vehicle or property related expenses
- Any other reasonable expenses incurred as a consequence of the accident
7. Consider obtaining legal advice
It is worth considering obtaining legal advice in circumstances where:
- You have sustained personal injury
- Liability is being disputed
- There are issues with the insurers involved
- You need guidance on what to do as your next steps following the accident
It is highly recommended that, following the accident, you avoid giving statements about matters you do not clearly remember. In any event, avoid making statements where you may admit to causing the accident.
If you have been involved in a motor vehicle accident and require legal advice and assistance on what to do next, we can assist.
Alexandria Fennell is an Associate at Samson Law Associates and is a member of the firm’s Civil Department. Alexandria may be contacted via afennell@samsonlaw.ky or www.samsonlaw.ky
This article provides general information and is not intended to constitute legal advice.