INTRODUCTION
Auto accidents can happen to anyone. You
can protect your legal rights by doing the right thing after an
accident occurs. This pamphlet summarizes some of the steps you
should take if you are involved in an accident. The pamphlet also
contains an Accident Information Form that you can keep your car
to record information if you are involved in an accident. Consult
your lawyer right away if you are involved in an accident that involves
personal injuries or serious property damage.
STOPPING YOUR CAR
If you car is involved in an accident and
you don't stop, you may be subject to criminal prosecution. Leave
your car as close as possible to the place of impact without obstructing
traffic. After stopping, remain at the scene of the accident to
aid the injured, protect the scene, report to the police and gather
information.
AIDING THE INJURED
If someone is injured, give first aid if
you are qualified and call for an ambulance. Remember to note the
location of the accident before you call for an ambulance. Tell
the ambulance dispatcher the name and number of the street as well
as the direction in which the cars were traveling at the time of
the accident.
PROTECTING THE SCENE
Protect the scene of the accident to avoid
additional collisions. Do not allow your car to obstruct the road
if it can be moved. Warn approaching cars by raising the hood of
your car and using your car's hazard warning lights. In addition,
for nighttime accidents, place flares or reflectors on the road.
CALLING THE POLICE
Call the police, particularly if someone
has been injured. A police report of the accident will help your
insurance claim and any liability claims. Ask the officer how to
get a copy of the accident report and not the officer's name and
badge number. If you receive a traffic ticket, it does not mean
you are guilty of a traffic offense or that you are responsible
for the accident. Be aware that you may hurt your claim for damages
from the other driver if you plead guilty. Consult your lawyer and
insurance agent before pleading guilty.
EXCHANGING INFORMATION WITH THE OTHER
DRIVER
Exchange information with the driver of
the other car. You should get the following information:
1.
Other drivers - name, address, phone number, driver's license
number, name of insurance company and policy number.
2. Passengers - name, address and phone number.
3. Witnesses - name, address and phone number.
4. Owner(if not the driver) - name, address, phone number, insurance
company and policy number.
Make
notes about the time of day, weather conditions, road conditions,
streetlights, and length of skid marks. Also make a diagram of the
accident noting the location of the vehicles, cross walks, stop
signs and traffic signals. If you hit a parked car and can't find
the owner, leave a note with your name, address, and summary of
the accident.
DO
NOT ADMIT RESPONSIBILITY
When
you exchange information with the other driver and give facts to
the police, don't admit responsibility for the accident. Things
that you say can be used against you if there is litigation. You
may thing that you were responsible for the accident and later learn
that the other driver caused it or that the other driver was equally
at fault.
TOWING
YOUR CAR
Before
you allow a two truck driver to pick up your car, be sure to ask
the driver how much it will cost and tell the driver where to take
your car. Get the name, address and telephone number of the driver
and the towing company.
FILING
AN ACCIDENT REPORT
In most
states, you must file an accident report with the state department
of public safety or department of motor vehicles. The report must
be filed within a few days of the accident if there were personal
injuries or if the damage to property exceeded a minimum amount,
say $50. Failure to file an accident report may result in fine and
loss of our driver's license. You should be able to get an accident
report form from your local police or your insurance agent. Keep
a copy of the report for your records.
SEEING
YOUR DOCTOR
Both
you and your passengers should consider seeing a doctor after the
accident. The doctor may recognize some injuries, sometimes serious,
that are not apparent to you. The charges for a doctor visit and
medical treatment may be covered by your insurance. Don't settle
claims from the accident until your doctor has advised you about
the extent of your injuries.
NOTIFYING
YOUR INSURANCE AGENT
Call
your insurance agent as soon as possible after an accident. Your
insurance company may have grounds to deny coverage if you fail
to give prompt notice of the accident. Follow up the phone call
with a written notice and save a copy for your files. The written
notice should contain information about the date, time and place
of the injured persons, passengers, and witnesses. If you were at
fault, your liability insurance should pay for any injuries or property
damages. If the other driver is at fault but does not have insurance,
your insurance may pay for damages to your car (collision coverage),
your medical expenses (medical payment coverage) and even for your
pain and suffering (if you have uninsured motorist coverage).
NO-FAULT
INSURANCE
Some
states have adopted "no-fault" insurance laws. If you
live in a no-fault state, your insurance policy will cover your
losses from a minor accident regardless of whether you caused it.
The losses covered by no-fault insurance usually include medical
expenses and lost earnings. No-fault insurance does not protect
you for major accidents since the amount of coverage is limited
to a few thousand dollars in most states with no-fault insurance
laws.
CALLING
YOUR LAWYER
If you
have been involved in an accident, or if you have received a traffic
ticket, your lawyer can advise you about your rights and responsibilities.
The sooner you call your lawyer the better since witnesses may forget
the details of the accident. Your lawyer can counsel you on how
to respond to questions for your insurance adjusters and help you
recover compensation for your personal injuries and damages to your
car.
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