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.
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