If involved in an auto collision, there are specific actions to take to protect yourself and your interests. The following information while not complete are the top ten suggestions:
- STOP. Never drive away from the scene of a collision, even a minor one and even if you believe it was not your fault. Never drive away after you are in a collision. Stop your vehicle, investigate, obtain names, take pictures, etc. (see below)
- PROTECT THE SCENE OF THE ACCIDENT. You may prevent further accidents by setting up flares, or keeping your flashers on.
- CALL THE POLICE. Even if there are no serious injuries, call the police. You may need a police report to file a claim with your insurance company for property damage and/or to support your claim for personal injury [if appropriate].The vehicles involved in the accident should not be moved, unless they interfere with traffic.
- MAKE AN ACCURATE RECORD. When the police arrive, be sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, be sure to state that to the officer. Do not speculate, guess, exaggerate or misstate any facts. If you are asked if you are injured and you are not sure, say you are not sure, because pain and injuries from collisions most often develop hours and days later. Do not feel self-conscious to request an ambulance if you feel the need; this is not the time to tough it out. Never argue with a police officer, even if you believe they are incorrect in their findings, as it will never help your case.
- TAKE PICTURES.Try to have a camera in your vehicle, or a cell phone equipped with a camera. Take pictures of the vehicles if there is visible damage. If you have visible injuries, take photos as well. If you cannot take pictures at the scene of the collision, take them as soon as possible even if at home. ** As a side-point- [true account], my office was retained to represent a client who was injured in a collision [not his fault]. After the client reached a medical plateau, settlement negotiations began with the other-side’s insurance company. A short time thereafter, the client said he forgot to tell us his son had taken pictures in the ER with glass shards in his arm even though we asked before for any pictures. When the pictures were presented as part of our final settlement demand, the final settlement offer was more than double initial offerings.
- EXCHANGE INFORMATION. Typically, the investigating police officer obtains this information. However, if the police do not arrive after your telephone call, you should strive to obtain the name, address and telephone numbers of all persons involved in the accident, drivers and passengers alike. You should also try to obtain information about the other party’s insurance by asking to see the insurance card; for all vehicles involved in the accident. If there are witnesses, you should try to get information from them as well so they can be contacted in the future. If police do arrive at the accident scene, the investigating officer usually will provide all drivers with a police report number. That number will be used later to obtain the police report.
- REPORT THE ACCIDENT. Notify your insurance company as soon as possible. Many policies require immediate reporting and full cooperation. Find out if you have medical benefits as part of your insurance coverage. Ask your auto insurance broker if you do not know. You pay extra for that type of coverage – known as “medpay”.
- SEEK MEDICAL ATTENTION. As previously mentioned herein, often, injuries caused by auto collisions are not immediately apparent. Most of our clients report feeling the most pain a day or two following the collision. Unless you are absolutely certain you were not injured, you should seek medical attention or by seeing your family physician. Even in accidents involving minor impact, you can sustain a serious and permanent injury to your spinal cord. If you lost consciousness or were dazed even for a short period of time following the collision, you may have suffered a concussion or closed head injury. This can cause cognitive and behavioral changes if left untreated.
- KEEP A FILE. Keep all your accident-related documents and information together. This information should include a claim number, the claim adjuster’s name who is handling the claim, names and phone numbers of all contacts, receipts for rental car and all expenses incurred as a result of the accident.
- PROTECT YOUR RIGHTS. Perhaps the most important thing you should do after an accident is to consult your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you receive legal advice before providing any statements. Your attorney can advise you on issues including getting medical treatment on a lien and/or if you have medpay. Personal injury attorneys usually work on a contingency fee basis, which means there is no legal fee paid unless the attorney recovers compensation for your injuries.
