Protect Yourself After A Car Accident

Step-by-step instructions on how to protect yourself if you are in a car accident.

Auto accidents are a significant cause of disabling injuries and deaths throughout the nation.

The facts about car accidents are alarming:

• According to the National Highway Traffic Safety Administration, motor vehicles accidents killed 43,443 Americans in 2005.
• Another 2,494,000 people were injured in car crashes in that year alone.
  
• Of those who died in highway accidents, three out of four were occupants of motor vehicles.
• About 4,550 of the deceased victims were motorcyclists.
• Another 5,665 of the people killed in car accidents were bicyclists or pedestrians.
• Almost 17,000 of the fatal motor vehicle accidents was related to alcohol use.

A car accident can be a very upsetting experience. But it is very important not to panic after a car accident. Instead, keep a clear head.

First, and most important, Stay Calm

Focus first on acting to protect yourself and help other car accident victims.
Do not discuss the car accident with anyone other than the police.
Do not blame anyone, including yourself.
Never argue with the other driver -- even if you are sure that person caused the car accident.

Second, Get Help

Do not leave the site of the car accident.
Call 9-1-1 from the car accident scene, to tell police about the collision.If anyone was injured, ask the 9-1-1 operator to send emergency medical personnel to the car accident site immediately.

Set flares, if you carry them, to warn other drivers to slow down and avoid the people and vehicles involved in the car accident.

Obtain the Drivers Facts

Write down the name, address, phone number, driver's license number and state, license plate number, registration, and auto insurance information, including the insurance policy number.

Ownership Facts

If the driver of the other vehicle was not the owner, write down the name, address, insurance company, and auto insurance policy number of the owner of that vehicle.

Injured Parties

Ask the police about all injured parties, including the passengers in the automobiles. If possible, take down their names, addresses, dates of birth, gender, and extent of injuries.

Witnesses

Look around for anyone who may have seen the car accident, including bystanders and occupants of other vehicles. Be sure to write down the names, addresses, and phone numbers of all these witnesses.

Damages

Write down the make, body type, year, and license number of all the motor vehicles involved in the car accident. Also, note the damage to each of the vehicles.

Car Accident Scene

Draw a diagram of the car accident site. Mark down the street names, and the location of any stop lights, traffic control signs, or other landmarks. Note the path of each motor vehicle just before the place where they collided.

Protect Your Health

After an automobile accident, get medical attention. Sometimes, car accident victims are too stunned right after a bad collision to know whether or not they were hurt. Therefore, it is wise to see your personal physician as soon as possible. Tell your doctor about the motor vehicle collision, so that he or she can check for internal injuries that may result from a traumatic accident.

Report the Car Accident

If police did not come to the car accident scene, call the police to file a report, as soon as you are able to make a telephone call. If the driver of the other vehicle fled the crash scene, you still must report the car accident to the police. Get a copy of the police report whenever it is available.

File an Auto Insurance Claim

Tell your auto insurance company about the car accident immediately and get an insurance claim number. Ask the auto insurance representative to open a Personal Injury Protection (PIP) file, to preserve all of your rights under your policy.

Be sure to let your insurance company know if you were in a hit-and-run car accident. Some insurance policies require notice of a claim involving an unidentified driver within 30 days of the car accident.

Tell your own auto insurance company that you claim your right to any uninsured or under insured motorist coverage, in case the car or truck that hit you was not covered by motor vehicle insurance. Insurance companies often require prompt notice of these claims and may deny these benefits to anyone who does not follow the strict requirements in their policies.

Don't Let a Car Accident Ruin Your Life

Steps to take

Insurance companies make their money by receiving interest on their invested funds. That’s why delay is their favorite tactic. They hope you’ll agree to a smaller amount, or lose your hope of getting any amount at all. Insurance adjusters are trained to persuade you to agree to a small compensation. It’s their job to protect their employer’s funds, not to maximize your compensation. If you have your own attorney, you’ll be more on a par with the insurance company, which has a batallion of lawyers. Your own attorney can represent and protect your interests, and fight for a compensation appropriate to your injuries and property damage.

If you’re in an accident

Handling things well from the moment of the auto accident isn’t necessarily easy, as you might be shaken up and hurt. If you can, remember to do these things at the site of the accident:

1. Call 911

The 911 operator can call the police for you, as well as an ambulance and fire truck if necessary.

2. Get contact information

Get the names, phone numbers and addresses of everyone: other drivers, passengers, witnesses. Your insurance company will want this information.

3. Exchange insurance information

Give yours to the other people directly involved in the accident, and get theirs. If the driver of another vehicle isn’t the registered owner, get information on the registered owner.

4. Don’t admit any fault

Even if you feel you were at least partly to blame, don’t say so. Anything you say could be noted down and used against you later. And besides, feeling at fault doesn’t necessarily mean you ARE at fault legally.

5. When police arrive, get their names and badge numbers

Later you can also get a copy of the police report.

6. Make notes about what happened.

Note down the make and model of other vehicles involved, the weather, lighting, any statements made by other drivers or passengers. Pace out the distances between vehicles. If you have a disposable camera in your car (a good thing to have for just this sort of situation), take shots from both near and far of the relative positions of all the vehicles involved in the automobile accident, of any skid marks, vehicle damage, any relevant street signs, etc.

7. Remember that some injuries are not immediately obvious

If you’re badly injured, of course you may not be able to do all the above things, but may be taken in an ambulance. Perhaps you could call someone and ask them to help. If your injuries are minor, do try to get all the above things done. If you appear to be uninjured, remember that whiplash injuries and some back injuries have a delayed appearance. So as soon as you can, get a medical checkup and don’t ignore any symptoms, however minor they might seem.

8. Call your insurance company as soon as you can

There could be a deadline in the fine print, so don’t delay. But don’t necessarily answer all the questions they might ask. Remember that they’ll be trying to pay you as little as possible. They could even make a prompt offer, but remember that it’s a ploy to get you to accept an absurdly low amount. So keep your cards close to your chest until you speak to an attorney.

9. As soon as possible, call an attorney

If you eventually file a lawsuit, early action and information gathering will end up being greatly to your advantage.

At any law firm, lawyers can help you determine if you have grounds for any legal action, and if you do, they can help you pursue it.