Ensuring Safety
Take a moment to calm down. You will likely be angry, scared, shocked, nervous, guilty, or a combination of all of these emotions in the aftermath of an accident. The calmer you are, the better you will be able to deal with the situation. Take a few deep breaths or count to ten to steady yourself.
Stay at the scene, regardless of the severity of the collision. Leaving the scene of an accident, whether you caused the accident or not, can result in serious civil and criminal penalties. This can range from a traffic infraction with points to a criminal "hit and run" offense.
Determine any injuries. The most important thing to do immediately after a car accident is to assess any injuries you or the other drivers and passengers have received. Determine your own safety, then check with the other people involved and, if necessary, immediately call for an ambulance. If someone is unconscious or has neck pain, moving them may cause serious harm. Leave them in place until medical personnel arrives, unless leaving them in place would endanger them (i.e. they are lying in traffic, their car is on fire, etc.).
Move your vehicle to the shoulder, if possible. If you can safely drive your vehicle, move it off to the side of the road and out of the path of oncoming traffic. This will keep you at a safe distance from traffic while you exchange information with the other drivers and make it easier for police and ambulance workers to reach the scene of the accident.
Call the police. Even for what looks like a fender-bender, it is still a good idea to call. That way you will have an official record of the accident, which will help protect you in case the other party sues you or disputes your account of the accident. Police can also dispatch assistance in the event of a serious accident. Stay on the phone with the police until they arrive or instruct you to hang up. Many 911 operators can provide safety instructions. Ask that a police report be filed. This report will help when filing insurance claims and in the event of a lawsuit. In some states, police will only file a report if injuries are involved. In this case, file a state vehicle accident report, available at police stations or on the Department of Motor Vehicles website. Obtain the name and badge numbers of the police who arrive, in case your insurance agent or lawyer needs to contact them.
Turn on hazards and set up cones or flares if you can’t move your car. Particularly on the highway, anything you can do to alert oncoming traffic that there is a disabled vehicle in the road will increase your safety.
Stay in your car with your seatbelt fastened. Don’t try to cross traffic to get off the road, and don’t stand next to a car that is stranded in traffic or on the shoulder. People who get out of their car are killed or injured more often than those who stay inside. However, if you smell gas, get out of your car right away. This could signal a fuel leak that could lead to a fire or explosion.
Gathering Information
Exchange information. Get the names and phone numbers of all the other drivers involved in the traffic accident. Write down the make, model, year and license plate number of each vehicle. Be sure to obtain all insurance information including the company, policy number and any insurance agent contact information the driver can provide. Be polite, but do not apologize. If you say, “I’m so sorry I hit you,” you may be admitting legal liability for the accident. Try not to admit guilt unnecessarily like this, as it may not be clear who was at fault in the immediate aftermath. Be wary of identity theft. Criminals sometimes stage fender-benders in order to obtain the information needed to steal another motorist’s identity. Never give out your social security number or let another driver take a picture of your driver’s license. For safety reasons, don’t provide your home address, either.
Talk to witnesses. Obtain names and contact information for any witnesses of the accident. Write down their account of what happened and make sure they agree to let your attorney or insurance agent contact and question them. They may be helpful if the other driver disputes your account of the accident.
Take pictures. Photograph damage to your car and the other vehicles involved in the accident. Also take photos of the accident location and the people involved. This will help document the damage when you submit an accident claim to your insurance company. It will also help protect you in the event the other motorist claims more serious injury or car damage than actually occurred.
Dealing with Claims and Lawsuits
File an insurance claim. Immediately report the car accident to your insurance company. Also provide the insurance company with information on the other driver. Immediately filing a claim will speed up the process of getting your car repaired and securing a rental vehicle, if necessary. Do not lie when stating the facts of the accident, as this can result in denial of your coverage. The other driver may suggest not filing claims in the event of a small accident, as filing a claim will raise your rates. However, it is always a good idea to file a claim to protect yourself. The other driver may later change his mind and file a claim, even claiming injuries that weren’t apparent at the time of the accident. You want to be sure your insurance company has your version of the accident as soon as possible.
Hire a lawyer. Particularly if anyone was hurt in the accident, hiring an experienced lawyer is a must because insurance companies hire lawyers all of the time to help them save money from lawsuits. A lawyer can help you maximize your reward if you have been injured, or defend you if the other motorist was injured. Additionally, good lawyers know all of the dirty tricks used by insurance companies to minimize how much they owe you for your injuries.
Document medical treatment. Keep records of any hospital visits, tests, prescriptions or other expenses that arise as a result of your auto accident. This information will be needed by your insurance company and attorney.
Keep track of pain and suffering and lost wages. If the accident impacts your life to the extent that you decide to file a personal injury suit, you can claim damages for mental and physical distress and/or lost wages, as well as medical treatment. Keep a diary of how the injuries impact your life, including missed workdays, routine activities you cannot undertake, and changes to you family life.
Get an insurance company damage valuation. This will determine how much your company, or the other motorist's company if they were at fault, is willing to pay to replace or fix your car. If you think the number is too low, get your own independent estimates, and then discuss them with your adjuster.
Do not talk to insurance companies. After being involved in a car accident, you may get a call from the insurance company. If they call you, hang up. The caller is an adjuster who is trained to obtain statements that can later help the insurance company use against you in denying your claim or paying you less. Insurance companies are always employing attorneys to help save them money. In case they tell you that you do not need an attorney, you will know they're lying to you. They are trying to make you feel guilty for retaining counsel. Some injuries – particularly back and neck ones caused by whiplash – might not show up or reach their maximum level of pain until weeks or even months after the accident. Every insurance company uses the tactic delay, deny, defend to minimize the value of the victim's injuries for as little as possible. This tactic has proven to work against people who do not have a personal injury attorney and has helped insurers save a lot of money for decades.
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