Difference between revisions of "Act After a Car Accident"

#Take a moment to calm down. You will likely be angry, scared, shocked, nervous, guilty, or a combination of all of these emotions in the aftermath of an accident. The calmer you are, the better you will be able to deal with the situation. Take a few deep breaths or count to ten to steady yourself.<ref name="rf1">http://accidentattorneys.org/stay-safe/</ref>

#Stay at the scene. Leaving the scene of an accident, whether you caused the accident or not, can result in serious criminal penalties. The penalties for leaving an injured person at the scene vary from state to state and according to the extent of the injuries, but generally result in fines between $5,000 and $20,000 and imprisonment for up to 15 years, in addition to civil damages. Leaving the scene after even minor damage can result in your license being suspended.<ref name="rf2">http://www.nolo.com/legal-encyclopedia/consequences-hit-run-accident.html</ref>

#Determine any injuries. The most important thing to do immediately after a car accident is to assess any injuries you or the other drivers and passengers have received. Determine your own safety, then check with the other people involved and, if necessary, immediately call for an ambulance.<ref name="rf3">http://images.findlaw.com/optimost/accident-injury-law/after-a-car-accident-3.html</ref>

#Call the police. Even for what looks like a fender-bender, it is still a good idea to call. That way you will have an official record of the accident, which will help protect you in case the other party sues you or disputes your account of the accident.<ref name="rf3" /> Police can also dispatch assistance in the event of a serious accident.

#*Stay on the phone with the police until they arrive or instruct you to hang up. Many 911 operators can provide safety instructions.<ref name="rf1" />

#*Ask that a police report be filed. This report will help when filing insurance claims and in the event of a lawsuit.<ref name="rf3" /> In some states, police will only file a report if injuries are involved. In this case, file a state vehicle accident report, available at police stations or on the Department of Motor Vehicles website.<ref name="rf4">http://www.edmunds.com/car-safety/what-to-do-after-a-car-accident.html</ref>

#*Obtain the name and badge numbers of the police who arrive, in case your insurance agent or lawyer needs to contact them.<ref name="rf3" />

#Move your vehicle, if possible. If you can safely drive your vehicle, move it off to the side of the road and out of the path of oncoming traffic. This will keep you at a safe distance from traffic while you exchange information with the other drivers and make it easier for police and ambulance workers to reach the scene of the accident.<ref name="rf4" />

#Turn on hazards and set up cones or flares if you can’t move your car. Particularly on the highway, anything you can do to alert oncoming traffic that there is a disabled vehicle in the road will increase your safety.<ref name="rf4" />

#Stay in your car with your seatbelt fastened. Don’t try to cross traffic to get off the road, and don’t stand next to a car that is stranded in traffic or on the shoulder. People who get out of their car are killed or injured more often than those who stay inside.<ref name="rf1" />

#*However, if you smell gas, get out of your car right away. This could signal a fuel leak that could lead to a fire or explosion.<ref name="rf1" />

#Exchange information. Get the names and phone numbers of all the other drivers involved in the traffic accident. Write down the make, model, year and license plate number of each vehicle. Be sure to obtain all insurance information including the company, policy number and any insurance agent contact information the driver can provide.<ref name="rf5">http://www.bankrate.com/finance/auto/identity-theft-after-car-accident.aspx</ref>

#*Be polite, but do not apologize. If you say, “I’m so sorry I hit you,” you may be admitting legal liability for the accident. Try not to admit guilt unnecessarily like this, as it may not be clear who was at fault in the immediate aftermath.<ref name="rf3" />

#Take pictures. Photograph damage to your car and the other vehicles involved in the accident. Also take photos of the accident location and the people involved. This will help document the damage when you submit an accident claim to your insurance company. It will also help protect you in the event the other motorist claims more serious injury or car damage than actually occurred.<ref name="rf6">http://www.cars.com/go/advice/Story.jsp?section=ins&subject=how_file&story=what-to-do-in-an-accident</ref>

#File an insurance claim. Immediately report the car accident to your insurance company. Also provide the insurance company with information on the other driver. Immediately filing a claim will speed up the process of getting your car repaired and securing a rental vehicle, if necessary. Do not lie when stating the facts of the accident, as this can result in denial of your coverage.<ref name="rf3" />

#*The other driver may suggest not filing claims in the event of a small accident, as filing a claim will raise your rates. However, it is always a good idea to file a claim to protect yourself. The other driver may later change his mind and file a claim, even claiming injuries that weren’t apparent at the time of the accident. You want to be sure your insurance company has your version of the accident as soon as possible.<ref name="rf4" />

#Consider hiring a lawyer. Particularly if anyone was hurt in the accident, hiring a lawyer is a good idea. A lawyer can help you maximize your reward if you have been injured, or defend you if the other motorist was injured.<ref name="rf3" />

#Keep track of pain and suffering and lost wages. If the accident impacts your life to the extent that you decide to file a personal injury suit, you can claim damages for mental and physical distress and/or lost wages, as well as medical treatment. Keep a diary of how the injuries impact your life, including missed workdays, routine activities you cannot undertake, and changes to you family life.<ref name="rf7">http://injury.findlaw.com/car-accidents/what-kinds-of-damages-may-i-claim-for-car-accident-injuries.html</ref>

#Get an insurance company damage valuation. This will determine how much your company, or the other motorist's company if they were at fault, is willing to pay to replace or fix your car. If you think the number is too low, get your own independent estimates, and then discuss them with your adjuster.<ref name="rf3" />

#Protect yourself from insurance companies. Certainly the other motorist’s company, and perhaps your own, may not have your best interests at heart.<ref name="rf3" />