Road traffic accident claims in Jersey involve local legal frameworks and insurance procedures.
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What a driver must do after a collision in Jersey
A driver involved in a collision on a Jersey road must stop. The duty comes from Article 52 of the Road Traffic (Jersey) Law 1956. It applies where someone is injured, where another vehicle or other property is damaged, or where certain animals are injured.
Once stopped, the driver must give certain details to anyone with reasonable grounds to ask: their name and address (and the owner's, if different), the vehicle's registration mark, and whether third-party insurance is in force.
If those details are not given at the scene, for any reason, the driver must tell a police officer immediately and must not move the vehicle without a police officer's consent. Failing to do either is an offence under the same Article.
For anyone considering a claim, the details exchanged at the roadside are usually the starting point. Write them down, photograph the other vehicle's registration plate, and note the exact time and place.
Who pays: compulsory motor insurance
In most road traffic claims the compensation comes from the at-fault driver's insurer, not from the driver personally. The Motor Traffic (Third-Party Insurance) (Jersey) Law 1948 makes it an offence to use a motor vehicle on a road without a policy covering third-party risks.
Under Article 3 of that Law, the policy must cover liability for death or bodily injury to any person, and for damage to property, caused by or arising out of use of the vehicle on a road. Some things fall outside the compulsory cover, including damage to the insured vehicle itself and liability to the insured person's own employees injured in the course of their work.
Three other provisions in the 1948 Law help people who have been injured:
- Passengers. Article 2 says an agreement between driver and passenger cannot cut down the driver's liability to the passenger. A passenger's willing acceptance of the risk of the driver's negligence does not cancel that liability either.
- Insurers must meet judgments. Article 7 requires an insurer to pay certain judgments against people its policy covers, even where it may be entitled to avoid or cancel the policy, subject to the conditions set out in that Article.
- Insurance details on demand. Under Article 10, a person facing a claim must, when asked, say whether they were insured and give the particulars shown on their certificate of insurance. Failing to do so without reasonable excuse is an offence.
Time limits, shared blame and fatal accidents
A personal injury claim from a road accident generally has to be brought within three years. Article 2 of the Law Reform (Miscellaneous Provisions) (Jersey) Law 1960 sets the period for actions founded on tort at 3 years from the date the cause of action accrued, without prejudice to any rule of law that allows the period to be extended.
Whether an extension could apply to a particular case is a question for an advocate. Until you have been advised otherwise, treat three years as the deadline.
Being partly to blame does not end a claim. Article 4 of the same Law says the claim is not defeated by the injured person's own fault, but the court reduces the damages to reflect their share of responsibility.
Where someone has died, the Fatal Accidents (Jersey) Law 1962 allows a claim for the financial loss suffered by the relatives listed in Article 2, including a spouse or civil partner, parents, children, brothers and sisters, uncles and aunts. Only one action can be brought, normally by the executor or administrator. If none is brought within 6 months of the death, the relatives may bring it themselves (Article 3). Article 5 requires the action to be started within 3 years of the death.
Which court hears the claim
Smaller claims can go to the Petty Debts Court. Its practice direction, PD 18/01, lists claims for damages up to £30,000 among the claims the court deals with. Before issuing, the claimant must send the defendant a Claim Letter and allow at least 7 days for a reply on claims under £10,000, or 14 days on claims of £10,000 or more. Larger and more complex claims are brought in the Royal Court.
What to gather before speaking to an advocate
- The other driver's name, address, registration mark and insurance details given at the scene.
- The police reference number, if police attended or were told about the collision.
- Photographs of the scene, the vehicles and your injuries.
- Names and contact details of any witnesses.
- Hospital and GP records, and a note of treatment dates.
- A running record of time off work, lost earnings and out-of-pocket costs.
- Your own insurance policy, and any letters or offers from either insurer.
Road Traffic Accidents (RTAs) Asked Questions
What types of Jersey road traffic accident claim can an Advocate help with?
Advocates in Jersey act in all types of road traffic accident claim, from multi-vehicle collisions to pedestrian, motorcycle, and cycling claims in the Royal Court of Jersey.
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