First Steps After an Auto Accident

A legal guide for consumers who have been involved in a Car Accident, guiding them through the often confusing process of dealing with insurance companies, the legal system, injury claims, etc.

Keep an Emergency Kit in Your Vehicle · Stay on the Scene · Keep Safety First · Call the Police · Exchange Auto Insurance Information · Contact Your Auto Insurance Company · Keep Medical Expense Records · Document the Car Accident Scene · Contact a Car Accident Lawyer · Dos and Donts of Car Accidents · Knowing Your Auto Insurance Policy

Keep an Emergency Kit in Your Vehicle

An automobile accident is a traumatic event and often, due to chaotic circumstances, it is difficult to think clearly. One of the best ways to deal with this issue is to be properly prepared for the situation. Keeping an emergency kit in the glove compartment of your car can be a tremendous aid. It is an excellent way to ensure that no important information is neglected and that all the relevant facts are properly and accurately recorded. Carrying a cell phone is important; it enables you to contact the police and emergency services personnel, as well as alert friends or relatives of your condition. A list of the phone numbers of law enforcement agencies can also be helpful. It is advisable to store a card in your glove compartment or wallet that lists your medical allergies and conditions, should you be in a serious accident and require special medical attention. In your glove compartment, you should keep a pen and paper, for taking notes and exchanging information. A disposable camera should also be kept, for taking pictures of the vehicles, the damage, and the scene of the accident. Another helpful thing to keep in the glove compartment is a fill-in-the-blank accident information form; you can find one online for free. Pre-packaged accident kits are available for purchase and can go a long way in easing your mind in the case of an accident. Finally, you should keep cones, warning triangles, or emergency flares in your trunk.  

Stay on the Scene

The first rule of car accidents is that you should never leave the scene of the accident. If the police are on the scene, wait until they grant you permission to leave. Before you go, you should get the names of the police officers and make sure that they have taken down your version of the accident. If the police are not involved, you should wait until all relevant information has been exchanged and both parties have reached an agreement concerning how to proceed. The consequences of leaving the scene of an accident are very serious, especially when the accident causes an injury or death. When you leave the scene, the accident is known as a “hit-and-run,” and carries with it harsh criminal penalties.  

Keep Safety First

After an accident, it is important to check the physical condition of all passengers before worrying about damages to the vehicle itself. Getting medical attention for those who need it is of paramount importance. Do not move individuals who are unconscious or are complaining of neck or back pains; this should be done only be trained medical personnel. In the case of some imminent danger, such as a serious gasoline leak or flames, exercise extreme care in moving car accident victims with neck or back injuries. Movement should be slow and steady and as minimal as circumstances allow. The neck should be stabilized and the back supported at all times. It is also essential to ensure that your vehicle is in a safe location, ideally off of the road and out of the way of traffic. Failure to move your car out of the way of oncoming traffic can result in further damage and injury. If the vehicle cannot be moved, passengers should remain inside, wearing their seatbelts until help arrives, unless there is some immediate danger, such as fire or excessive smoke. Hazard lights should be turned on, and, if possible, cones, warning triangles, or flares should be set up.

Call the Police

The police are trained to deal with the aftermath of a car accident, regardless of significance, and will ensure that the circimstances are handled properly. If the accident is serious, involving property damage, physical injury, or death, calling the police is absolutely necessary. When the police officers arrive, you should ask that an accident report be filed, and you should obtain the names and badge numbers of all officers on the scene. It is important to remember that even if you don’t call the police, someone else might. Most people have cell phones, and while they might not stop to help, they may alert the police if they see an accident. Make sure that when the police arrive you are prepared to give them your license, registration, insurance information, and phone number, as well as answer their questions. Different states have different laws about when the police need to be called to the scene of a car accident. However, it is advisable to contact the police even if an accident is minor.

Exchange Auto Insurance Information

When exchanging information with the driver of the other vehicle involved in the car accident, you should be polite and helpful, but you should not apologize or admit guilt. Amidst the chaos and confusion of the accident, it can be difficult to accurately assess fault. While you may feel that the accident was your fault, the other driver may feel the same way, and an admission of guilt, even unintentionally, will considerably limit your legal options. When exchanging information with the other driver, you should be sure to get his or her:
Name Phone number   Address Insurance company Policy number License plate number    Drivers’ license number  

If the name of the driver differs from the name on the insurance card, establish what the relationship between these two people is, and write down the name and address of the insured. If there are passengers in the car, you should also get their names, addresses, and telephone numbers. Lastly, don't forget to write down the year, make, model, and color of the car, and the street location of the accident.

Contact Your Auto Insurance Company

It is important to contact your car insurance company in a timely manner after an auto accident, and to be honest and open with the car insurance company. It is your responsibiliy to clearly explain what happened in the auto accident, the extent of the damage, and any resulting injuries. If you are dishonest and the auto insurance company finds out, there can be serious consequences (such as denying you any coverage for the accident). While it may seem either unwise or unnecessary to inform them, it is best that your insurance company hears your version first; it will probably differ from the other driver’s version, as related by his or her insurance company. It may seem more convenient to settle the issue with the other driver, without contacting the insurance company, but there are many risks to this option. For example, the other driver may agree to pay for the damages, but then decide that it is too expensive after seeing the bill. At that point, it becomes difficult to file a claim because time has passed and the matter was not reported. Also, the other driver may change his or her mind and report the accident or claim injuries that were not present at the time of the accident. In this case, your failure to report the accident could lead to large settlements, premium hikes, and even a lawsuit. Reporting accidents, even minor ones, is a much safer choice.   Most state laws will protect you from a rate hike in the event that the accident was not your fault. You should be aware that even if you live in a no-fault state, this does not necessarily exempt you from paying the other driver’s medical bill. While his or her insurance company will pay the bill initially, they will then contact your insurance company and seek reimbursement if they have reason to believe the accident was your fault.

Keep Medical Expense Records

In order to ensure that your rights are protected, you must be organized and thorough when it comes to keeping your medical records. This will serve you well in case legal issues or insurance complications arise. First, you should keep a list of any medical professionals that treat you; this includes doctors, physical therapists, chiropractors, and other specialists. Second, you should keep track of the medical provider that referred you to each caregiver. It is helpful to keep a notebook reserved specifically for this information. By itemizing your medical expenses and treatments, you will simplify and expedite your interactions with your insurer, your attorney, and the court.

Document the Car Accident Scene

Documenting a car accident involves two steps: talking to witnesses and taking pictures. You should ask as many witnesses as possible to describe what they saw. Make sure to get their names, telephone numbers, and permission to contact them if necessary. The testimony of these witnesses may be very helpful if you and the other driver offer differing versions of the event. Do not force people to talk with you; if they are not helpful now, they won’t be helpful later. You also should take photographs of the accident as soon as possible. Keep a disposable camera in the glove compartment for this purpose in case of an auto accident. Pictures from a camera phone also can be helpful. When taking pictures, keep in mind that the images should show the context of the accident and the extent of the damage.  These images, contrasted with any early pictures of your vehicle, can provide a “before and after” comparison, which is helpful in assessing damage. Photographs will strengthen your case with your insurance claims adjuster and improve your chances of receiving just compensation. Photographs can also serve as evidence in court, if necessary.  

Contact a Car Accident Lawyer

Although involving an attorney after an car accident, especially a minor one, may seem unnecessary, it is an option that should always be considered. In light of today’s litigious environment where lawsuits are becoming increasingly common, contacting an attorney is a common sense way of protecting your rights. There is probably no reason to contact a lawyer after a simple fender bender, provided that no one suffered injury. However, in the case of any more serious car accident, an experienced car accident attorney can offer advice, legal representation, and peace of mind.

The following circumstances necessitate the immediate involvement of a qualified lawyer:   
Death Severe or lasting injury Injury that involves significant time lost from work, school, or other duties Fault is a hotly contested issue Inaccurate and/or incriminating police reports The involvement of pedestrians or multiple automobiles Accidents in construction areas or work zones Significant technical, medical, or legal issues A low limit on your liability insurance You do not have insurance or your insurer implies that you have not been paying Your insurer involves its attorney   Your insurer’s actions seem to be suspect

There are also circumstances which, though not as serious as those listed above, should involve a lawyer; these include:   
An insurance company approaches you with a settlement offer. Get advice before you accept! Uncertainty about the availability of insurance Your insurer does not seem to be acting in your best interests You need help dealing with an insurance company Your policy is confusing Fault is not clear You are unsure of your rights You are overwhelmed by complicated paperwork

Remember, each car accident involves different circumstances, so use your common sense and best judgment when determining if you should consult an attorney. The decision should be made early in the process; the longer you wait, the more difficult it will be for the lawyer to help you.  

Dos and Donts of Car Accidents

These are a general guidelines regarding what you should and should not do following a car accident.

Following a car accident, DO:  

Following a car accident, DON'T:

Knowing Your Auto Insurance Policy

Many people are unaware of the specific details of their car insurance policies. The fine print and legalese can be overwhelming, but understanding your coverage is essential during the post-accident process. If you are having trouble understanding your policy, you can call your insurance agent or state insurance department and ask for a clear explanation. An attorney can also help guide you through technical legal insurance issues. For example, you should be aware of whether or not insurance policy covers towing, replacement rental cars, or other specifics relating to the accident. Often, these policy elements are easy and inexpensive to add and are well worth the price when you have to use them. On your policy itself, the conditions provide directions for what you are required to do in the case of an accident. Failure to follow these directions may lead to a forfeiture of some of your rights, and ignorance of them is not a legitimate excuse. On the front of your policy (the declarations page), there is a list of the types of coverage you have and their specific dollar amounts. There are also notations of any special provisions or discounts that you have purchased. You should familiarize yourself with these details.  The agreement itself will contain the specifics of your coverage, stating what is covered and the various exclusions (what is not covered). You should also review the definitions of the terms used in the agreement in order to clarify exactly what each statement means.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

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