Did You Know?
Each year, an estimated 21 million people are involved in traffic crashes
Automobile Accident Checklist
Accidents are something that no one foresees happening to them. But in reality, almost everybody gets into some sort of fender bender at least once in your lifetime. It only takes a second to turn your perfectly normal car, into a pile of crumpled metal. Traffic crashes happen on the streets of America every day. Here are some good guidelines to follow if you are involved in traffic accident. Here is some advice from experts on what you should do if you find yourself involved in a crash.
Make a copy of this page on your printer and place it in your car's glove compartment with your other important car papers. Pull it out and review it before you ever leave your car or speak to anyone if you are ever involved in an accident.
At The Scene
- First, you must stop if you are in an accident. Each state has its own penalties for people who flee the scene of an accident. Make sure everyone in your vehicle is all right. If there are seriously injured people, don't try to move them on your own unless they are in greater danger if left alone.
- If possible, move your car off the road so you don't cause any more accidents. Switch on emergency flashers and set out flares, if available, to warn oncoming drivers. If you don't provide proper warning for other drivers, you may be liable for damages to their vehicles.
- Following an accident, the single most important thing you can do to protect yourself is to copy down the license plate number of the other vehicle involved.
- Sometimes the person driving the car does not own the car. You may think that you have protected yourself by obtaining the driver's license information of the other driver, but this is often not sufficient. By writing down both the driver's information and the license plate of the vehicle, you have worked to more thoroughly protect yourself and ensure that you have obtained all the information that you might need in the event of litigation.
- Call the police, no matter how minor the accident. They will call emergency personnel if needed and fill out an accident report. A police report is important to help protect your rights if you are making an uninsured motorist claim against the insurance company.
- If a police officer has come to the accident scene, be sure to ask if a report of the accident will be prepared and where and when it will be available. If the officer does not intend to prepare a report, be sure to request the officer's name and badge number for later contact.
- After the insurance and driver's license information has been exchanged, most laypeople have the misunderstanding that evidence gathering and preservation has concluded. This, however, is not the case. Here are some tips that you can use to ensure that you have maximized your potential for recovery through evidence preservation.
- Do not admit fault at the accident. Do not make any oral or written statements as to responsibility or blame. Don't tell other people involved in the accident how much liability insurance you carry. Any of these comments may be used against you in a court case. Don't accept offers to settle on the spot without carefully thinking about it. You may be held liable later for the same damages.
- Draw a simple diagram of the accident. Draw the positions of both cars before, during and after the accident. If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights.
- Above all, remain calm. Do not get angry and argue with the other driver. You may be liable for any verbal or physical abuse toward other people in the accident.
Get Statements From Witnesses
- Take the name, address and telephone number of any potential witness and save this information someplace where it will not be lost.
- Do not discuss the case with the witnesses. Do not give their names to anyone but the police, your attorney or your insurance company. Do get the name and badge number of any police officers at the scene.
- Return to the scene of the accident. Visit any nearby homes or business for any potential witnesses to the accident.
- Revisit the scene of the accident several times at the same time at which the accident took place. Some people may have a habit of visiting, stopping, driving, etc, by the location of the accident as part of their normal daily routine. You may able to find a witness.
- If you have obtained witness information, do not contact or speak to the witnesses. Do not try to solicit a written statement and/or drawing from the witness. Let your attorney contact any possible witnesses.
Take Pictures of Your Damaged Vehicle
- Take pictures of your vehicle as soon as possible. Take pictures from all angles, not just the damaged portions.
- Take pictures of the other vehicle(s) involved in the accident. (If possible).
- Take pictures of the surrounding area to preserve the way it looked at the time of accident.
- Take pictures of the surrounding location and roadway for any physical damage, skid marks, or debris.
- Take photos of you or someone in your vehicle who sustained a visible injury: i.e, bruise, cut, scrape, or stitches, take photograph(s) of the injury to preserve the state of the injury at the time of the injury.
- Take as many photographs of what you think may, no matter how trivial, be important to the accident. Your attorney will decide what is and what is not important.
- Take photos of the crosswalk or the location where you crossed at street or where you were standing, walking, jogging, at the time of your accident.
Get a Damage Estimate for Your Vehicle
- After taking photographs of your damaged vehicle, take the vehicle for a repair estimate as soon as possible. You are not obligated to use a repair facility recommended by an insurance company to have repairs done, but it generally won't hurt to get estimates from recommended garages.
- Obtain written and dated repair estimates from a minimum of two repair facilities, at least one of which you selected without insurance company suggestion.
After the Accident
• Call your insurance company immediately and report the accident.
• Depending on state law and circumstance of the accident, you may also need to immediately report the accident to the department of motor vehicles in your state.
• After the accident, it is a good idea to get checked out by a doctor. Although there may be no obvious signs of injury, there may be damage to your neck, back or spinal cord.
• If needed, you may want to contact a personal injury lawyer to determine your rights and discuss liability regarding the accident.
• Immediately report the accident to your insurance company, no matter if you are far from home. Ask your agent about how to proceed and what forms or documents will be needed to support your claim. Make sure you include all the information you collected from the scene when you are filing a claim.
• If you fail to immediately report the accident to your insurance company, it could deny any obligation to protect your interests in the event that a claim is made against you.
• If a claim is made against you, refer all persons making the claims to your insurance company. Send all legal papers served against you to your insurance company. Consult your lawyer at once if the coverage you purchased is not enough to cover the claims made against you.
Recovering Damages
Being in an accident creates a whole new series of problems. Dealing with insurance companies can often be very difficult and time consuming. Insurance adjusters will try to have you settle for as little as possible and may make you feel that your injury is not as bad as you think. Although it may make some people uneasy, there are times when you, as an accident victim, have the right to sue a negligent driver of a vehicle for personal injury losses.
Such cases include recovery of your medical expenses and other economic losses when they exceed a certain amount of money, depending on state laws; compensation for pain and suffering if you suffer an injury that results in significant disfigurement; a fracture or other kinds of injuries as defined under the no-fault law; compensation for injury resulting in death; compensation when the injured person or the person at fault does not have insurance meeting minimum state requirements.
If you would like to talk to an attorney in your area about your accident case, simply fill out our easy contact form and an attorney will contact within 24 hours.
What you need in your glove compartment
Always carry your insurance card and vehicle registration. In many states, it is against the law to drive without these items in your possession.
Keep a list of emergency numbers in the glove compartment at all times. This list should include at least two emergency contacts as well as your physician's name, address and phone number.
Keep a medical card with you if you have allergies to any medicine or you have a condition that requires special attention.
Tip: DO NOT utter the words "I'm sorry" to anyone at an accident scene! (even if you think you may be at fault, do not say you are sorry), lawyers may interpret this as an admission of guilt and it can be used against you....even if you were not at fault.
Disclaimer: The information supplied on this website is general in nature and should not be relied upon to make legal decisions -- for every rule cited, there are likely a dozen exceptions. Interacting with e-mail on this page or our personal injury questionnaire does not constitute the creation of an attorney/client relationship. This website is an advertisement for legal services. Any examples of client cases and results discussed on this website are not a guarantee of your outcome if we represent you in a particular case. The material contained in this website is not intended as legal advice. |
