What to Do After an Automobile Accident
AFTER THE ACCIDENT…
1. Never Leave the Scene
If you are in an automobile accident, stay at the scene until you are excused by the attending police officer. Leaving the scene of an accident is a crime, and could result in serious criminal charges. You are also under legal responsibility – no matter who is at fault – to make sure that everyone is okay. If anyone is hurt, you should do your best to help the person and to contact authorities who can help the injured party.
If an accident happens in a deserted area and there are no other cars or pedestrians around, personal safety should come first. This is the only instance in which you should leave the scene and drive to the nearest police station or fire department. Report the accident, and return with the authorities.
2. Check Drivers, Passengers and Automobiles
Accidents can cause injuries and problems that might not be apparent at first. If you smell gasoline, then there could be a leak, in which case all drivers and passengers should be moved clear of the vehicles. If someone is injured, take inventory of their problems as quickly as possible and determine the best course of action. If movement is necessary and someone is badly injured, do your best to support their neck and back to prevent further damage.
3. Call the Police
If you don’t have a cell phone, try to find a nearby pay phone or use the other party’s cell phone. The sooner the police arrive, the faster your cars can be towed and you can begin to deal with other issues. When the police arrive, ask that a police report be filed, and write down the names and badge numbers of every officer that responds. Even if the accident is minor, it helps to have a police report so that evidence is documented by a neutral third party.
4. Exchange Contact and Insurance Information
No matter what the damage, you should obtain the name, phone number and address of the other party. Also, write down the make and model of the other vehicle, the license plate number, and a description of the damage as you see it. This will help if the case ever goes to court, or if there is a dispute between insurance companies. Be as cooperative as possible, and do what you can to help anyone in need, but be sure to get the information. If you fail to do this, you might be out of luck later.
5. Never Admit Guilt
Even if it is clear that you are at fault in the accident, do not say so to the other party. Be as polite and as cordial as possibly, but don’t apologize for hitting their car, and don’t tell them that you are at fault. Later, if there is a discrepency in the fault, you don’t want to back yourself into a corner.
6. Find Witnesses
Sometimes, witnesses to automobile accidents can make or break your case. If others saw what happened, politely ask them to describe to you what happened, and ask for their name and phone number. If they refuse, don’t push, but try to get as many witness accounts as possible. Neutral third parties are excellent for providing testimony in court, or even in a letter that you can bring with you to court or show the insurance company.
7. Call Your Insurance Company
As soon as possible, call your insurance company and inform them of the details of the accident and of any injuries sustained. Be completely truthful in your account, because if you lie, you might be denied coverage and be charged with insurance fraud. Obtain a copy of the police report for your records and send a copy to the insurance company. They deal with so many accidents that yours might be placed on the back burner; don’t allow that to happen, and keep on top of your case.
8. Obtain Photographic Proof
When you are able, take pictures of the damage to your vehicle, the damage to the other vehicle, and any injuries that were sustained. This will help your case if it ever goes to court, and will assist your insurance company in settling the claim. Taking pictures of the other vehicle involved in the accident will guard against any false claims by the other party, and will strengthen your case.
9. Obtain an Estimate
As soon as possible after the accident, obtain an estimate from an upstanding car repair shop or dealership. Sometimes, it is best to get two or three estimates to strengthen your claim. Request that the mechanic write a detailed description of the damage, and to itemize the costs for repair. This will help the insurance company, and will also strengthen your case in court.
TIPS FOR PREVENTING PROBLEMS…
1. Disposable Camera – Keep a disposable camera in your car in case of an accident. This way, you can take immediate pictures of the damage “in situ” for your insurance company and for court. This helps your case because anything can happen between the scene of the accident and your home or a repair shop. This also gives you a chance to take pictures of the other vehicle(s) involved in the accident.
2. Discussing the Accident – Until every claim is paid and every court case has been disposed, refrain from discussing the accident with friends, family and co-workers. When it comes to other insurance companies and attorneys, politely refer them to your insurance company or attorney, and don’t talk to them yourself. Unfortunately, there are legalities that can be breached when you aren’t aware of them, and it’s much better to let the authorities handle it.
3. Early Settlement – Many insurance companies will try to reach a settlement with you within days of an accident. Don’t accept. Injuries are sometimes slow to appear, and you should know exactly what your medical bills will entail. To ensure that you are fully compensated, wait until your attorney advises you to accept a settlement.
