Wednesday, March 16, 2011

What To Do When You Are In A Car Accident...

Your Consumer Car Accident Rights
1.  First and foremost try to remain calm. After you have been involved in an accident you need to make important decisions. Being panicked will not help you make good decisions.

2.  If your vehicle is still drivable stop and pull it off to the side of the road. If you do not stop you could be charged with hit and run even if the accident was not your fault.  Hit-and-run penalties are severe. Depending on the damage or injuries, you may be fined, sent to jail or both.  You also could lose your driver’s license.  If you hit a parked car or other property, try to locate the owner or driver.  If you cannot, most laws says you may drive away only after you leave behind, in a conspicuous place, your name, address and an explanation of the accident, and the name and address of your car’s owner (if other than yourself).


  a. Before you get out of your car, make sure you are in safe surroundings. Depending on where the accident occurred, traffic may still be incoming and could create a potentially hazardous situation for you.  If you are in a high traffic zone such as a highway or a busy street, communicate with the other driver to move your cars away from the traffic as much as possible.  This of course, is only possible when your vehicles have sustained little damage and are still operational

3.  Notify the local police or Highway Patrol either by telephone or in person as soon as possible.  You must call the police or Highway Patrol if the accident caused a death or injury.  An officer who comes to the scene of the accident will conduct an investigation. If an officer doesn’t show up, you must make a written report on a form available at the police department or Highway Patrol office as soon as possible.

4.  Document everything and exchange information with the other driver or drivers.  Make sure you get the other driver’s name and driver’s license number, the other car’s make, year, model, license plate number and expiration date, and vehicle identification number.  You can utilize your phone’s camera to capture most of this information. Also make sure you have the vehicle identification number of the car you are driving, the name and address of the car’s owner, the name and address of their insurance company and their insurance policy.  

Other information you should gather and document are:

a.The names, addresses, telephone numbers and insurance companies of the other car’s legal and registered owners—if the driver does not own the car. b.The names, addresses, dates of birth, driver’s license numbers and telephone numbers of any passengers in the other car. c.The names, addresses and telephone numbers of any witnesses to the accident. Ask them to stay to talk to the Highway Patrol or police. If they insist on leaving, ask them to tell you what they saw and write everything down. d.Try to identify people at the accident scene, even if they will not give their names. For example, if someone who saw the accident drives off, take down his or her license plate number. Law enforcement officials can trace the owner’s name and address. e.The name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you can get a copy of any accident report. f.If there are skid marks on the road, pace them off and take a digital picture. Take digital pictures of the positions of any crosswalks, stop signs, traffic lights or streetlights. Be aware of traffic conditions and don’t take any pictures that could place you in a position of harm. Make notes, too, on weather and road conditions. If the accident happened after dark, note whether the streetlights were on. Estimate your speed and that of the other vehicle.  g.Take as many digital photos of the accident scene as you can.

Documentation is VERY important!
5.  If you have emergency flares or triangles place them on the road. You should also turn on your car’s hazard lights and lift your hood to warn others on the road.

6.  Contact as many other people you feel you need to and explain the situation and give the exact location of the accident, so that help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine. If you are unable to reach someone or one of your emergency contacts does not call you back, flag down a passing car and ask the driver to go for help. The driver may have a cellular phone in the car and can make an emergency call on the spot.

7. If you are ok and someone else is injured. You should do your best to provide assistance to anyone who is injured.  For example, you may need to call an ambulance, take the injured person to a doctor or hospital, or give first aid—if you know how.  You should not attempt to move someone who is badly hurt; you could make their injuries worse. On the other hand you should move someone who is in danger of being hurt worse or killed even if you do make the injury worse.

8.  What if I get a ticket? Accept it and Sign it.  Just because you receive a ticket does not mean you accepting responsibility for the accident.  When you sign accept and sign a ticket you are only promising to appear in court.  If you do not sign the ticket, the police officer can arrest you. While it is okay to sign the ticket, you may want to talk with your attorney before you pay a fine or plead guilty to the charges. Find out if you can attend traffic school instead.  If you plead guilty, you may hurt your chances of collecting damages from the other driver later.  Or, you may help the other driver to collect damages from you.

9.  Who is responsible for paying for the damage to my car?  That depends on who is at fault, whether you and the other driver have insurance and what kind of insurance you have.  There are two major types of automobile insurance: liability and collision.

Liability. If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy’s limits.  If you are not at fault, the other driver’s liability insurance pays for your car damage and/or personal injuries up to the policy limits of the other driver’s policy.

Collision. No matter who is at fault, your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible.

You may have other insurance, too. Your health insurance, for example, may pay your medical bills. Also, your automobile insurance may have medical payments coverage. If so, it can pay the cost of necessary medical treatment for you and your passenger up to the medical payment policy limits.

10. What happens if the other driver does not have insurance? If the other driver caused the accident and is not insured if you have uninsured motorist or medical payments coverage your insurance policy will typically pay for your injuries up to the specified limits in your policy. If the other driver’s insurance is not enough to pay for all of your damages, your insurance company may pay the difference—if you have underinsured motorist coverage. If you have collision insurance, it usually pays for the damage to your car, minus your deductible, no matter who is at fault.

11.  Should I see a doctor after an accident?  A visit to the doctor may be a good idea for both you and your passengers if any of you have concerns about your health. You could be injured and not know it right away. You may wish to call your doctor or another health care provider for advice. Your automobile insurance may pay some or all of these health care bills. You should consult your policy or agent for details on what is covered.

For More Safety Tips Or Your Free Insurance Quotes Please Contact Jason Shroot At Diversified Insurance Quotes.

Please Call Me At 714-988-3325 or Email Me at Jason@diversifiedinsurancequotes.com