Steps to Take After an Automobile Accident

Steps to Take After an Automobile Accident

Step #1: Stop your car. Never leave the scene of an accident no matter how minor you believe the accident was. If you fail to stop you could be criminally prosecuted. Stop your car as soon as safely possible without endangering any person, property, or disrupting traffic.

Step #2: Warn oncoming traffic. Do whatever is necessary to warn oncoming traffic in order to prevent further accidents and protect the victims. At night, use flares, a reflector or a flashlight. You may be liable for damages to approaching vehicles unless they are properly warned. Vehicles should not be left in a position of danger on a highway if they can be moved. Passengers should not remain in such a vehicle.

Step #3: Aid the injured. If anyone has been hurt, note your location and call a doctor and/or ambulance. Do not try rendering first aid if you are not proficient at it. Moving an injured person may aggravate the injury. Keep the person warm until skilled help arrives. If there is severe bleeding, try to stop it with direct pressure.

Step #4: Call the police. The police can handle any emergency and investigate the accident. The police report of the investigation may be helpful to you later if you are sued or if you decide to sue someone.

Step #5: Provide legally required information. State motor vehicle laws require the driver of any vehicle in the accident to give his name, address and vehicle license number. If you collide with a vehicle that is unattended, the law requires you to locate the operator or owner of the vehicle and tell him your name and address. If you cannot locate the owner, leave a written message stating your name and address and the circumstances of the collision in a conspicuous place, or in the unattended vehicle. Do not give any more information than the law requires. Do not comment on the cause of the accident or admit fault even if you think you were in the wrong. You may discover later that the other driver was equally or more to blame. No one has the right to force you to give an opinion as to the cause of the accident at police headquarters or elsewhere. You have the right to consult a lawyer before making a statement.

Step #6: Obtain protective information. Just as the law requires you to give certain information, you are entitled to the same information from other persons involved in the accident, i.e., passengers. In addition to the names and addresses of the persons actually involved, obtain the names and addresses of all witnesses to the accident. Witnesses may be important later if legal action becomes necessary. Make a note of the details of the accident, including the date and time, road conditions, weather conditions and the speed of all other cars.

Step #7: See your doctor. If you have any doubt at all about your own medical condition or that of your passengers, see your doctor immediately for an examination, and ask your passengers to do the same.

Step #8: File accident reports. Notify your automobile insurance company immediately. Cooperate with your insurance representative in their investigation. State law usually requires you to file a written report of any accident in which you were involved, which resulted in the death or injury to any person, and in most accidents where property damage of at least $1,000 value has occurred. Failure to file a report within ten (10) days may cause you to lose your license. To complete the accident report, you will need to note the following:
(a) Location of the accident;
(b) Time and date of the accident;
(c) Nature and extent of damages and injuries;
(d) Name, address, driver's license and vehicle registration numbers of any other drivers involved;
(e) Automobile insurance companies of all vehicle owners and drivers involved;
(f) Names and addresses of witnesses, including passengers;
(g) Locations of cars and pedestrians involved and their directions of movement, both before and after collision; and
(h) Condition of roadway, type of weather at the time of the accident and any other pertinent information.

Do not admit fault at this point. Remember to keep copies of all correspondence and reports for your records. Failure to comply with the law can be grounds for suspension or revocation of your driver's license or vehicle registration. If you fail to notify your insurance company of the accident in writing within a reasonable time, it could deny coverage. Send written notice to your insurance company including the time, place and circumstances of the accident as well as the names of all injured persons including passengers, pedestrians, drivers and available witnesses.

Step #9: Obtain legal advice if you are arrested or issued a ticket. An arrest does not necessarily indicate liability for the accident. However, a statement of guilt or a plea of guilty to a traffic ticket may be used as an admission. It is important that you obtain legal advice if you are arrested. A lawyer can help you assess your situation. If you decide to contest the ticket, you are entitled to a trial.

Step #10: Determine your rights. Consult an attorney if you are uncertain about your rights. Your insurance company will always be represented by trained adjusters or by an attorney. Ignore any attempt by a representative of the other party to influence you against the advice of your own attorney.

Step #11: Inform your insurance company of any claims. State law requires that all motor vehicles be covered by liability insurance. You must also carry proof of insurance. Violations of this provision will result in significant financial penalties and loss of driving privileges. Refer all persons making claims against you to your insurance company. Make no payments, or promises to pay, to any claimant. Immediately send your insurance company all legal papers served on you. You may have insurance coverage under more than one policy. Claims or damages to your vehicle will be covered by your own collision or comprehensive insurance policy, if you have one. If another motorist is at fault in an accident, you retain the right to sue the person for property damage.

Step #12: Recover damages. If you lose work, sustain injuries or have other losses, you may be entitled to reimbursement under your own policy. You may also be entitled to damages from the other party to the accident. You may be entitled to recover money for the following:
(a) Nature, extent and duration of injuries;
(b) Pain and suffering from injuries;
(c) Disability, both temporary and permanent;
(d) Reasonable expenses resulting from injury, including medical and hospital expenses;
(e) Loss of income; and/or
(f) Value of damage to property.