No one expects to be in a car accident, but many accidents happen every day. Statistics show that nearly all of us will be in a motor vehicle accident at some time or other. Knowing what to do when an accident happens is important. It can make all the difference if you, your family or your friends are hurt and need help. Doing the right things after a crash can also ensure that the insurance companies treat you fairly and compensate you for medical bills, loss of income and any physical injuries.
If you are involved in an accident, the following tips are recommended:
1. GET HELP IF NEEDED. If anyone is injured call 911. Medical care within the first hour after an injury is critical.
2. NOTIFY THE POLICE. This is required by law in most states before you can leave the scene if anyone is injured, or there is any significant property damage. It’s a mistake to just exchange names and phone numbers with the other driver and leave the scene. Call the police. Be sure to get the name of the officer at the scene and write it down.
3. GET CRUCIAL INFORMATION. Get contact information from each of the other drivers involved in the accident. Jot down their name, address and phone number. Make a note of the color, make and model of their vehicle, and get their license plate if you can. The police officer can help you get all this information, and will often have a form for you to exchange with the other driver or drivers involved. Do not be afraid to ask such information or the form.
4. IDENTIFY WITNESSES. Get the names and contact information of anyone who saw the accident. If you can, do this quickly. Often, people who saw the collision will stop for a short time but leave before the police arrive. Other motorists, passengers or pedestrians can be critical witnesses. Get their name and phone number.
5. DO NOT DISCUSS FAULT. Do not blame the other driver even if they were clearly at fault. It may just start an argument. But if another driver admits they were at fault, make a mental note of it. When you get home, jot down precisely what they said. Even if you feel you may have been partially at fault, do not say anything that admits your feeling. Fault is often a complex determination based on the facts and complicated laws. Leave that issue for the police to decide – or an attorney, if necessary.
6. WRITE A NOTE TO YOURSELF AFTERWARDS. After the accident write a note to yourself (and possibly for your attorney if you need one later). Include all the information you have gathered and can remember while it is fresh in your mind. Explain how the accident happened as best you can. Drawing a sketch or diagram of the collision will be a helpful memory aid later. It may be months, or even years, before the insurance companies fully resolve any claims.
7. CALL YOUR INSURANCE AGENT. All insurance policies require you to notify your insurance company. This must be done shortly after the accident. Unnecessary delay in notifying your insurance company about a crash can result in a denial of your right to insurance benefits and protection.
8. STATE ACCIDENT REPORTS. If anyone is injured, or there is significant property damage, you must file a State Accident Report in most states. The form, with directions, can be obtained from a police department. This report must be filed within 10 days after an accident in Colorado.
9. TAKE PICTURES. “A picture is worth a thousand words.” Today most of us have a camera in our cell phones. If you can, and it is safe, take pictures of the vehicles before they are moved. Pictures of the damage and position of the vehicles can be very important. They can prove how the accident happened and document the force of the collision. This can be important evidence if the accident caused injuries. If you’re not able to take pictures, ask one of your passengers who is alright or a witness, to do it for you. After you get emergency care and are home, remember to take pictures of your injuries – any cuts, bruises or bandages, and any casts or crutches. It is particularly important to take a picture of any seat belt bruise on the front of your shoulders and chest. This bruise may not develop right away. Taking a picture of it can keep the other side from claiming that you were not wearing a seat belt.
10. PROTECT YOUR RIGHTS. To protect your rights you must act quickly and correctly after a motor vehicle accident. Deciding fault can be complicated. Insurance coverage, and how to get your medical bills paid, can be very confusing and frustrating. Insurance adjustors may call and ask you to give them a tape recorded statement. Do you have to do that? Should you do that? You may have many questions about your rights, and your obligations to insurance companies and their representatives. You may have questions about whether the insurance companies are treating you fairly. Don’t jeopardize your rights. CALL AN EXPERIENCED ATTORNEY who specializes in accident and injury claims for advice and answers to your questions.
When an accident happens and somebody is hurt, follow the above tips if you can. Afterwards call an attorney for further help and advice. Doing these things will protect your rights, avoid common mistakes that delay or prevent you from getting your medical bills paid or your lost income reimbursed, and help ensure that you are treated fairly by the insurance companies.
Please contact us with any questions you may have at 719.471.3848. You can also email us HERE with your inquiry or questions. Our website can be found at www.GaddisKinHerd.com.