What to do if you are in an accident
Immediately after the accident
If you are involved in an automobile collision, stop.
Most states require an individual not to leave the
scene of an accident, even a minor one, without first
stopping to see whether there are damages or injuries.
A person may be criminally prosecuted for leaving the
scene of an automobile accident.
Next, check for injuries. Generally, you should not
move an injured person. Call an ambulance, if
necessary, and the police. If you are unable to call,
ask somebody else to call the police to report
the accident and inform the police of the number of
people who are injured, so that enough emergency
personnel respond to the scene.
If possible, notify oncoming traffic to proceed with
caution by setting out flares, turning on your hazard
lights, or raising the hood or trunk of your vehicle.
You and the other driver should exchange information,
including the other driver's name, address, phone
number, drivers license number, license plate number,
insurance carrier, policy number, and agent's name and
telephone number. You should also provide the same
information to the other driver.
Obtain identifying information from any witnesses to
the accident, and ask the police officer who
investigates the scene to provide you with a business
card and the "incident number," so that you can obtain
an accident report.
You may also want to take notes about where and how
the accident occurred, road conditions, speed limits,
traffic control devices, weather, lighting, and what
the cars were doing at the time of the collision.
However, if you end up in litigation related to the
accident, you may be required to share these notes
with the other party.
Even if you think you are at fault, do not say so.
The other driver may share the fault or other factors
may have caused the accident. An admission of fault
may be used against you later on.
When the police arrive
Cooperate fully with the police when they arrive,
and stay at the accident scene until the police tell
you that you can leave. When you speak to the police,
tell them only the facts of what happened, and do not
draw any conclusions. Do not admit responsibility for
the accident to the other drivers, passengers,
witnesses or the police. Responsibility or liability
is a legal matter that is not always easy to determine.
Inform the police of any injuries and witnesses.
Soon after the accident
Photograph your injuries and the damages to your
car. Gather all automobile insurance policies in your
household for evaluation by an attorney, and inform
your insurance company of the accident. Obtain legal
advice before filling out insurance documents, giving
recorded statements to any insurance company, or
meeting with any insurance company representative. It
is especially important to consult an attorney before
giving a statement to the other driver's insurance
company. Do not sign any check or document from any
insurance company without first consulting an
experienced personal injury attorney.
Consult a physician as soon as possible. You may
experience a time lag between the collision and full
awareness of the extent of your injuries. Certain
injuries may not be apparent until sometime after an
accident. By not seeing a doctor, you risk delaying
your treatment and aggravating your injury. Even minor
soreness can be an indication of a more significant
injury. Therefore, if you believe there is any chance
you may have been injured, you should see a doctor as
soon as possible. An insurance company may argue that
the failure of an individual to see a doctor right
away indicates that an injury must have resulted from
an unrelated event after the accident. The longer you
wait for medical treatment, the more difficult it will
be to connect the injuries to the accident. Be sure to
report any memory loss, headaches, blood or fluid in
your ear, dizziness, ringing in your ears,
disorientation, nausea, or confusion.
Later
Within a few days of the accident, record all
important information, license numbers, and the year,
make and color of all vehicles involved, and the
details of the accident, including date, time,
location, road conditions, traffic controls, and
weather conditions. If you have not yet contacted an
attorney, you should talk to a lawyer that has the
experience, dedication and ability to maximize your
compensation and minimize the frustration, delay and
confusion that you may experience when you make an
injury claim.
Document all of your losses, including medical
bills, reasonable transportation costs related to
the injuries, future medical treatment, lost wages,
future loss of earnings, the effect on your family,
and the effect on your life. An experienced attorney
can help you identify all losses that may be related
to your accident.