Today I chose to talk about this subject because I am confronted with unusable accident reports and sadly it often turns out to be in disfavour of you as my clients…
Here you'll find all of the basics on how to fill your accident report out.
Don't assume that filling and signing it is simple and trivial, the accident declaration is vivid in the instruction of your files.
- You have the right not to sign the report. Not signing it confirms your disapproval. The law says that you must complete it but don't have to sign it. Don't let the police have an influence on your decision! Worth remembering is that if you sign the report, the court assumes that you agree with the content of the report. There's no going back so always be sure and aware of what you're doing.
- Panicking and being stressed after an accident is a natural reaction. Try to stay calm and don't let the shock have an effect on your behaviour and decision making. We recommend you let the other driver fill the report out first so you have time to catch your breath and relax because you need to mentally recover from the accident.
- Note that you should always correctly indicate the date, location and time of the accident. These elements make it possible to determine the applicable legislation of the place of occurrence of the accident.
- Look for suspects! People who witness an accident and immediately leave the scene will be fined. If you find a suspect, please ask for his full name and address. A neutral suspect could back your version up and confirm your innocence. A phone call isn't of any use because only a written testimony is authentic.
- Respect the appointment of the A&B cars on the sketch. If you mix them up, it will lead to confusion and it your administrators' work will be a lot harder.
- Verify the details of the opposite driver. Stage 6 to 9 must be filled out! The model, brand, plate and the original registration number of the car are very important criteria. Don't forget to take a picture of the other drivers' green card and driving licence. Caution, the policyholder isn't the insurance itself and can be different from the driver. You have the right to ask to verify everything and if this doesn't seem possible then just wait for the police to arrive.
- In almost every case, you'll find a box that corresponds to your incident, except when you were driving normally on the roadway (in that case don't tick a box). Pay attention to the wording, for example box 8's 'struck at the back' does not mean that you were struck at the back, in fact the opposite. And in the 1st box, 'parked' or 'stationed' must be ticked if you weren't driving and hit, even if your car engine was on and you were for example waiting for a park place.
- The sketch plays an important role to determine the different responsibilities. You don't have to be a professional artist to sketch the accident, road, position of the car etc. Just try to display the accident as clearly as possible or else it can't be used.
- To avoid getting stuck in a debate with the opposite driver you should always note the location of the damage on your and his car. To prevent any confusion with right or left, just imagine you're hovering above the car and facing the cockpit.
- My observation, this box allows you to add any valuable information about the accident. Be clear, simple and direct. Considering the legislation of various countries, this box does have more or less an impact. For example, in Belgium, insurance companies rely on it to determine the dynamics of an accident. In Luxembourg, it is said that it is not opposable, that means§ that companies may not take it into account/li>
- If there were other cars involved, don't forget to imply them (Note C,D…).
- Separate the two pages once they're completed and signed. Attention, it is strictly forbidden to modify your original paper after it has been separated.
- Note that if you leave the scene of the accident without filling the amicable accident report out, you could be charged with a hit-and-run offence…