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Stopping your car
Aiding the injured
Protecting the scene
Calling the police
Exchanging information with the other driver
Do not admit responsibility
Towing your car
Filing an accident report
Seeing your doctor
Notifying your insurance agent
No-fault insurance
Calling your lawyerIf your car is involved in an accident and you don't stop, you may be subject to criminal prosecution. Leave your car as close as possible to the place of impact without obstructing traffic. After stopping, remain at the scene of the accident to aid the injured, protect the scene, report to the police and gather information.
Aiding the injured Back to Top
If someone is injured, give first aid if you are qualified and call for an ambulance. Remember to note the location of the accident before you call for an ambulance. Tell the ambulance dispatcher the name and number of the street as well as the direction in which the cars were traveling at the time of the accident.
Protecting the scene Back to Top
Protect the scene of the accident to avoid additional collisions. Do not allow your car to obstruct the road if it can be moved. Warn approaching cars by raising the hood of your car and using your car's hazard warning lights. For nighttime accidents, place flares or reflectors on the road.
Calling the police Back to Top
Call the police, particularly if someone has been injured. A police report of the accident will help your insurance claim and any liability claims. Ask the officer how to get a copy of the accident report and note the officer's name and badge number. If you receive a traffic ticket, it does not mean you are guilty of a traffic offense or that you are responsible for the accident. Be aware that you may hurt your claim for damages from the other driver if you plead guilty. Consult your lawyer and insurance agent before pleading guilty to any traffic offense.
Exchanging information with the other driver Back to Top
Exchange information with the driver of the other car. You should get the following information:
- Other drivers - name, address, phone number, driver's license number, name of insurance company and policy number.
- Passengers - name, address, and phone number.
- Witnesses - name, address, and phone number.
- Owner (if not the driver) - name address, phone number, insurance company and policy number.Make notes about the time of day, weather conditions, road conditions, streetlights, and length of skid marks. Also, make a diagram of the accident noting the location of the vehicles, cross walks, stop signs and traffic signals. If you hit a parked car and can't find the owner, leave a note with your name, address, and a summary of the accident.
Do not admit responsibility Back to Top
When you exchange information with the other driver and give facts to the police, don't admit responsibility for the accident. Things that you say can be used against you if there is litigation. You may think that you were responsible for the accident and later learn that the other driver caused it or that the other driver was equally at fault.
Before you allow a tow truck driver to pick up your car, be sure to ask the driver how much it will cost and tell the driver where to take your car. Get the name, address, and telephone number of the driver and the towing company.
Filing an accident report Back to Top
In most states, you must file an accident report with the state department of public safety or department of motor vehicles. The report must be filed within a few days of the accident if there were personal injuries or if the damage to property exceeded a minimum amount, say $50. Failure to file an accident report may result in a fine and loss of your driver's license. You should be able to get an accident report form from you local police or your insurance agent. Keep a copy of the report for your records.
Seeing your doctor Back to Top
Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. Don't settle claims from the accident until your doctor has advised you about the extent of your injuries.
Notifying your insurance agent Back to Top
Call your insurance agent as soon as possible after an accident. Your insurance company may have ground to deny coverage if you fail to give prompt notice of the accident. Follow up the phone call with a written notice and save a copy for your files. The written notice should contain information about the date, time and place of the accident, with the names and addresses of the other drivers, injured persons, passengers, and witnesses. If you were at fault, your liability insurance should pay for any injuries or property damages. If the other driver is at fault, but does not have insurance, your insurance may pay for damages to your car (collision coverage) and even for your pain and suffering (if you have uninsured motorist coverage).
No-fault insurance Back to Top
Some states have adopted "no-fault" insurance laws. If you live in a no-fault state, your insurance policy will cover your losses from a minor accident regardless of whether you caused it. The losses covered by no-fault insurance usually included medical expenses and lost earnings. No-fault insurance does not protect you from major accidents since the amount of coverage is limited to a few thousand dollars in most states with no-fault insurance laws.
Calling your lawyer Back to Top
If you have been involved in an accident, or if you have received a traffic ticket, your lawyer can advise you about your rights and responsibilities. Call your lawyer as soon as possible since witnesses may forget the details of the accident. Your lawyer can counsel you on how to respond to questions from insurance adjusters and help you recover compensation for your personal injuries and damages to your car.
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