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.In addition, 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 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.
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 the right information
It's important to get as much as information as possible at the scene of the accident to protect yourself from potential lawsuits. Make a note of the damage to all the vehicles involved in the accident as well as weather and road conditions, date and time of the accident, speed of all cars involved, and even draw a diagram or take a picture of the accident showing the position of the vehicles before and after the accident.Get names, addresses and telephone numbers of all the drivers involved in the accident. Also record the ownership, license plate number, year, make, and model of all the cars involved in the accident. In addition, try to get insurance information from other drivers.
It's a good idea to get the names and addresses of any people who may have witnessed the accident. These people may be helpful in a court case if there is any liability involved. 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.
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.
after 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.
dealing with claims
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
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.
It's a sad fact about society that drivers must do so much to protect themselves against lawsuit, especially after something as traumatic as an auto accident. Of course, the most important thing is to make sure everyone is safe and sound. But it is crucial to get all the information you can to protect your finances rather than be sorry that you didn't in the long run.
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