What To Do if You Are in an Auto Accident
By Laura Margulies
1. Stop your car.
If your car is involved in an auto 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.
2. Aid the injured.
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.
3. Protect the scene.
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. In, addition, for nighttime accidents, place flares or reflectors on the road.
4. Call the police.
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 get the officer's name and badge number. If you receive a traffic offense 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.
5. Exchange information with the other driver(s). Exchange information with the driver of the other vehicles involved in the accident. You should get the following information:
- Other drivers-name, address, phone numbers, 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 driver)-name address, phone number, insurance company and policy number.
Make notes about the time of day, weather conditions, road conditions, street lights, 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.
6. Do not admit responsibility.
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.
7. Get the accident report.
If the police respond a report will be filed if there are injured persons. Make sure to get the police officer's name and telephone number so you may obtain a copy of the accident report. In most cases you can obtain a copy of the report by going to the police station and paying a small administrative fee.
8. See a doctor.
Both you and your passengers should consider seeing a doctor after the accident. It is not unusual for injuries to go undetected for days after the accident and 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.
9. Notify your insurance agent.
Call your insurance agent as soon as possible after an accident. Your insurance company may have grounds to deny coverage if you fail to give prompt notice of the accident. Follow up the phone call with 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 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, your medical expenses and even for your pain and suffering.
10. No Fault Insurance.
Some states have adopted "no-fault" insurance laws. If you live in a no-fault state like Maryland, your insurance policy will cover your losses from a minor accident regardless of fault. The losses covered by no-fault insurance usually include 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.
11. Call a lawyer.
If you have been involved in an accident, or if you have received a traffic ticket, your lawyer can advise your rights and responsibilities. The sooner you call your lawyer the better since witnesses may forget the details of the accident. Your lawyer will 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.
The Law Firm of Laura Margulies & Associates, LLC serves people and businesses in the following cities:
Annapolis, Aspen Hill, Barnesville, Beltsville, Bethesda, Bladensburg, Blair, Bowie, Brandywine, Brentwood, Brookeville, Burtonsville, Cabin John, Capital Heights, Chevy Chase, Clarksburg, Clinton, Colesville, Colleg Park, Damascus, Derwood, Dickerson, District Heights, Frederick, Gaithersburg, Garrett Park, Germantown, Glen Echo, Glenn Dale, Hyattsville, Kensington, Lanham, Laurel, Layontsville, Montgomery Village, Mt. Rainier, Olney, Oxon Hill, Poolesville, Potomac, Riverdale, Rockville, Sandy Spring, Silver Spring, Spencerville, Suitland, Takoma Park, Temple Hills, Upper Marlboro and Wheaton.
Disclaimer
This article and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.
