What To Do After A Motor Vehicle Collision

WHAT TO DO AFTER A MOTOR VEHICLE COLLISION

You will probably be involved in an auto accident at some time in your life.  Fortunately, few of us are routinely involved in such accidents, but that means that most people are not sure what to do or how to handle themselves when an accident does happen.  An accident can be a frightening and upsetting experience.  However, there are steps you can take to comply with the law and preserve your legal rights.  

Remember, if your vehicle harms anyone or anything, you must stop. You can be charged with “hit and run” if you drive away. If you hit a parked car, try to find the driver.  If you cannot, leave your name, address and explanation.  

Move operable vehicles off the roadway. If the collision creates a hazard to other vehicles, warn oncoming traffic by placing flares and turning on hazard lights.  If someone is injured, call 911.  

Report any accident to your insurance company and the local police or State Patrol.  If the police do not investigate the accident, file your own accident report.

Cooperate with the police, but stick to the facts.  Do not assign fault to yourself or anyone else. Just describe what happened.  You may not be aware of all the factors contributing to the accident. Let the officers draw their own conclusions from all the facts they obtain. If you are given a ticket.  Sign it. This is not an admission of guilt.  You may, however, want to consult an attorney before responding to the ticket

Obtain as much information as possible, including:

            - The other driver’s name, address, driver’s license number, insurance information, and license plate number.

            - Also get the names, addresses and phone numbers of any witnesses and the business cards of the investigating police officers.

            - It is a good idea to photograph the damage to the involved vehicles and any visible injuries to your body (such as cuts and bruises)

            - Make notes about how and where the accident occurred (including road conditions, speed limits, traffic control devices, the weather, and the lighting)

Be aware, however, that you may have to share your notes with the other side if litigation results from the accident.

Ask witnesses to stay until the police arrive.  If they refuse, ask them what they saw, write it down, and ask them to sign it.

Immediately report the accident to your insurance company.  Ask your agent how to proceed and what forms or documents will be needed to support any claim you may have. 

It is a good idea to obtain legal advice before filling out insurance documents, giving a recorded statement, or meeting with an insurance representative.  Talk to an attorney before signing any check or document from an insurance company.

If a claim is made against you, refer the person making the claim to your insurance company.  If you are served with a Summons and Complaint, call your insurer immediately.  If you fail to quickly contact your insurance company a money judgment may be entered against you without your knowledge and you may even lose your insurance coverage.  Consult a lawyer if your insurance coverage may not cover the claims made against you.

Even in the absence of a severe injury, consider getting a checkup if you are experiencing any discomfort, confusion or dizziness, to rule out a more significant injury.  Report your symptoms accurately and completely.  Follow your health care provider’s instructions.  Obtain treatment quickly.  If you delay in receiving treatment you may later find that the other driver’s insurance company will claim that your injuries were not related to the accident.

If you intend to pursue a claim against someone who caused your injuries, do not delay.  Legal claims are governed by strict time limits. These time limits vary from state to state.  You should consult with an attorney to discuss the time limits applicable to your particular claim.

My office is happy to consult with you concerning an injury claim free of charge and we will usually provide representation on a contingent fee basis.  This means that we will receive a fee only if we obtain compensation for you.  Call 360-423-5220