First Steps

The first task is evidence preservation as follows:

If your clothes or vehicle etc... have been damaged or you are injured take photos. The photos need to ensure they have a reference point each time. Where photos are not "time stamped" you need evidence of when they were taken. Include a large card with the date and time on it.
If another vehicle was damaged or person injured photos of them may help, but avoid getting into a fight if they object.
Generally a photos of any other person involved is useful. You would be amazed how often someone else turns up at Court as the other party.
Photos of the scene should be taken where possible and particularly if there is any debris or indications of the accident at the scene. Make sure these include the views you had as you approached and the views the other party had as they approached. Panoramic shots as well as close ups may be needed. Again, context may be needed. A close up photo of something without a wider view showing where it was may be useless. It may also help to keep a record of which shots were taking using any magnification.
Where you are injured and this is visible take photos of this also. You should take these periodically (at least once a week) for as long as the physical effects of the injury are visible. As a general guide, if you are still taking photos after 4 weeks it is unlikely to be a small claim and you should contact us to discuss the matter.
Keep details of all losses/expenditure arising, along with copy receipts etc… where possible.

For all road traffic accidents you should report the matter to the police, if not already done.

Try and find out if the other party was insured in respect of your claim. You should ask them, and if the matter was reported to the police they may know. If it was a road traffic accident they are under a legal duty to provide their insurance details and if they fail to do so within a reasonable time you should report it to the police.

If injured and no medical assistance was sought then, if you are still suffering from your injuries, go to your GP as soon as possible for examination.

Further Information: Legal Expenses Insurance; Letter Before Action; Collecting Evidence; Disclosing Statements; Going to Court; Small Claims Court Forms; Directions; Getting Trial Ready; Small Claims Trial; Getting Paid

We are here to help 24 hours a day 365 days a year. Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.