What to Do In Case Of a
Vehicle Accident
At the scene:
Call the police—probably. Unless it is a collision resulting in no
injuries and less than $1,000 damage to all vehicles, you should contact the
police so that they can investigate and complete an accident report. If you determine it is a minor collision you
and the other driver should exchange information about your respective driver’s
licenses, vehicle insurance, and vehicle identification (make, model, color,
and VIN). Do not merely rely on the
driver’s verbal statements about this information. Be sure to actually view the other person’s driver’s
license, vehicle registration and, if possible, insurance card.
Move your vehicle from the roadway surface—possibly. If your vehicle is drivable and there are no
injuries, state law requires you to move your vehicle out of the roadway and
onto a shoulder or other nearby location.
Otherwise, leave your vehicle and try to alert oncoming traffic of your
vehicle’s existence in the roadway by using highway cones or emergency
flashers.
Make your own notes.
While you are waiting for the police to arrive you can use the time to
do some of the following: draw a diagram
of the accident scene and the locations of the vehicles before and after the
accident; record the time, date, and location of the accident; write a summary
of how the accident occurred and the nature of any injuries or physical
discomfort you experience after the accident; list the names and contact info
for any witnesses; take pictures of the accident scene and vehicles.
Hold your peace.
Do not make any comments or discuss the facts of the accident with
anyone other than the law enforcement officer(s) investigating the accident.
After leaving the scene:
Seek medical attention. If you are injured or feel that you have an
injury, go to a local hospital or medical provider to be examined. Report any injuries, physical limitations, or
other problems to a medical professional.
Get a copy of the accident report.
Contact a lawyer.
Car accidents can present many issues and you need an experienced
professional who can guide you through the process. You may not need a lawyer but why not contact
one and make that choice after having a consultation with a lawyer? Most lawyers offer free initial consultations
regarding personal injury cases.
Contact the insurance company. If the wreck was the other driver’s fault and
you have vehicle damage and/or personal injury, call that driver’s insurance
company to make your claim. There is no
need to contact your own insurance company unless the other insurance company
is being uncooperative or taking too long to process your claim. If you choose to use your own insurance
company to handle the damage to your vehicle, be prepared to pay your
deductible. NOTE: if you contact a lawyer, your lawyer will
likely deal with the insurance company.
SPECIAL NOTE:
Contributory negligence.
What Not to Do In Case
Of a Vehicle Accident
Sign a release of all claims, settlement, authorization form, or any document without either the advice and counsel of an attorney or a full understanding of what you are signing.
Provide a recorded statement to the insurance company. If you are thinking about hiring an attorney to represent you in your accident case, you should consult with him or her before giving a statement and definitely before signing any documents presented to you by the insurance company.
Become married to money. After being involved in an accident, some people determine an amount of money they want to settle or resolve their case. Often this amount is based on advice from friends and family or stories from other persons who have been in accidents. Unfortunately, this is not the best way to determine the value of your case. Every case is different. Proper evaluation of an accident case requires consideration of many factors and is something that should be done by an experienced attorney.
Fail to document important facts and keep copies of important documents. You should create a log or make written notes of all injuries, pain, and problems you experience due to your accident. Provide dates and details as to when certain pains improve, grow worse, disappear, change in location or nature, return, etc. Be sure to keep either originals or copies of all out-of-work notes, prescription receipts, medical bills, letters, and other documents related to the accident.
Hide information from your attorney. Failing to tell your attorney about prior injuries, prior insurance claims, prior accidents, and other important facts can make it more difficult for your attorney to properly evaluate and handle your case.