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SaveWhat To Do If You Are In A Motor Vehicle Accident
Do you know what you should do if you are in an accident with another car? What if you are a pedestrian involved in an auto accident? When a car accident happens, injuries may be severe and emotions may be high. However, there are important things that must be taken care of both at the scene of any accident and following an accident. The following is a list of things that should be done, if at all possible, when any accident occurs.
At the Scene
The cardinal rule for all car accidents is that you should never leave the scene without stopping. If you leave the scene of an accident, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a "hit-and-run" driver. Call the police if the accident involves significant property damage, physical injury, or death. Ask that a police report be filed in those situations. Obtain the name and badge numbers of any police officers who arrive on the scene.
Talk to the drivers of any other vehicles involved in the accident. Get their names, phone numbers, addresses, drivers' license numbers, license plate numbers, and basic insurance information. If there are passengers in any of the vehicles, obtain their names, telephone numbers, and addresses as well.
Note: In talking to drivers of other vehicles, you should try to be cordial and cooperative in determining that everyone is okay and in exchanging basic information. However, do not apologize for anything at the scene. If you jump out of your car and blurt out, "I'm so sorry I ran that red light! Is everyone okay?" you may back yourself into a corner. Immediately after an accident, the scene is chaotic and it might not be evident who was at fault, or who was more at fault, in causing the accident. Moreover, in many states, fault is not determinative of which insurer will pay for any loss. Therefore, try to keep your conscience in check, at least until things get sorted out, so that you don't admit guilt unintentionally or unnecessarily.
Talk to witnesses at the scene. Ask the witnesses what they saw. Get their names and telephone numbers or addresses, if possible. If residents of the area, or business people who work in the area, have come to the scene or are in the vicinity, try to talk to them as well. Ask them, in particular, if they have ever witnessed other accidents in the same place.
After the Accident
Inform your insurance company, as soon as possible, that you have been involved in an accident. Cooperate with your insurance company and tell them the truth about the manner in which the accident occurred and the extent of your injuries. If the insurance company finds out that you have lied to them about anything, you can get into serious trouble, not the least of which will be the denial of any coverage for the accident.
Keep track of any doctors, physical therapists, chiropractors, or other medical professionals that you seek treatment from, and each medical provider that referred you to other medical providers. Having a written diary of this information will help your attorney itemize your medical expenses and treatment.
Do not talk to anyone about the accident other than your attorney, your insurance company, and the police. Do not talk to a representative of another insurance company under any circumstances without the knowledge of your attorney. If representatives from other insurance companies should call you, be polite, but ask them to call your attorney to arrange for an interview. Also, get the representative's name and number, and tell your attorney that you were contacted by someone seeking information about your accident.
Copyright 2003 Nolo, Inc.