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What should I do after
being involved in an auto accident?
What information should
I obtain after an auto accident?
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Who do I contact after
an auto accident?
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Should I get medical
treatment immediately after a car accident?
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How do I make a claim
against an insurance company?
What sources of
compensation can be pursued after an auto accident?
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What happens if I am
involved in an auto accident with an unlicensed driver?
1. What should I do after being involved in an auto
accident?
First -- after everyone is out of danger and any medical
and police help needed has been summoned -- get the information you may
need and put it down in writing. At least the following information is
suggested:
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Who were the drivers of the vehicles involved?
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Did all drivers have driver's licenses? Be sure to get the
driver's license numbers and addresses of the drivers!
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Did any of the driver's appear to be under the influence of
alcohol or drugs? (Write down who and why you think they were and who else
observed that same thing. After the effects wear off it would be your word
against theirs.)
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Were any passengers in the vehicles? Get their names and
addresses!
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Were any pedestrians involved in the accident? Get their
names and addresses!
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Did any person involved in the accident report any personal
injury shortly after the accident? Who are they, and where do they live?
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Was medical assistance rendered at the scene of the
accident?
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What personal injury did the injured person report? Did
anyone say "I'm not hurt"?
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What was the actual location of the accident?
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Were there any witnesses to the accident (other than those
directly involved in the accident)? Get the names, addresses, and
telephone numbers of all witnesses!
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In what direction were the vehicles traveling just prior to
the accident?
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At what time of day did the accident occur?
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What were the weather conditions at the time of the
accident?
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Was there anything "wrong" with the vehicles before the
accident, such as driving with a broken headlight at night, or with bald
tires?
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Was there any damage to the vehicles as a result of the
accident? (Even if there wasn't, that does not mean that someone may not
have been injured, even with a "soft tissues injury".) What parts of the
vehicle were damaged?
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Who were the registered owners of the vehicles (names and
addresses)?
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Were all vehicles involved in the accident insured? What
are the names of the insurance companies and the policy numbers? (If they
said how much insurance they had, record that too.)
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Did any of the vehicles need to be towed from the scene of
the accident?
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How did the accident occur?
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Did anyone accept responsibility for the accident, such as
by saying "It was my fault, I am sorry. I was speeding / not paying
attention / not wearing my glasses / distracted / tired / late for work /
in a hurry / my coffee had just spilled ... etc."? If so, write it down.
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Did anyone else say something to indicate that s/he too was
at least partially at fault -- such as "I should have seen you but I was
on my cell phone / I've been taking these pills / my eyesight isn't what
it used to be after dark, etc"?
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Did the police come? If so, did they issue anyone a ticket?
Which officers were present?
As much basic information as possible should be gathered
immediately after the accident occurred. As time passes, memories tend to
fade and new versions of the chain of events are created. Putting the
basic information down on paper helps later when liability for the
accident begins to be examined.
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2. What information should I obtain after an auto accident?
It is important that you seek immediate medical attention
if you are seriously injured in an automobile accident. After everyone is
out of danger and any medical police help has been summoned, obtain the
following:
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The full names of the drivers of the vehicles involved
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The driver's license numbers and addresses of all of the
drivers
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If any of the driver's appear to be under the influence of
alcohol or drugs, notify police or other emergency personnel immediately
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The full names and addresses of any passengers in any of
the vehicles
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The full names and addresses of any pedestrian's or other
parties involved
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The full name, address and phone number of any witnesses to
the accident.
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Did any person involved in the accident report any personal
injury shortly after the accident?
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Was medical assistance rendered at the scene of the
accident?
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What personal injury did the injured person report? Did
anyone say "I'm not hurt?"
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In what direction were the vehicles traveling just prior to
the accident?
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At what time of day did the accident occur?
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What were the weather conditions at the time of the
accident?
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Was there anything wrong with the vehicles before the
accident such as a broken headlight or brake light?
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Was there any damage to the vehicles as a result of the
accident? What parts of the vehicle were damaged?
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Who are the registered owner of the vehicles (names and
addresses)?
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Were all vehicles involved in the accident insured? What
are the names of the insurance companies and the policy numbers?
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Did any of the vehicles need to be towed from the scene of
the accident?
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How did the accident occur?
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Did anyone accept responsibility for the accident, or make
a comment such as "It was my fault, I am sorry. I was speeding/ not paying
attention/ not wearing my glasses/ distracted/ tired/ late for work/ in a
hurry/ my coffee had just spilled/ I should have seen you but I was on my
cell phone/ I've been taking these pills/ my eyesight isn't what it used
to be after dark, etc."?
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3. Who do I contact after an auto accident?
Depending upon the nature of the accident and the extent of
the damages and injuries involved, a series of auto accident reports must
be filed. Sometimes the reporting of an auto accident is mandatory,
sometimes it is voluntary. Reports typically must be filed with three sets
of organizations:
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Police (law enforcement agencies) - The law of the state
where the accident occurs may require a police report to be filed.
However, as there are many variations in state and local laws -- and even
local practices -- we can not address them all. Generally if any personal
injury occurs in an auto accident, a police report must be filed. A police
report generally also is required when property damage exceeds a certain
dollar amount (often $200 to $500). The manner of making the report also
varies. Some local police only take certain auto accident reports over the
telephone, some require a trip to the station house. To be safe, at least
a telephone call to local police should be made shortly after an auto
accident to determine local practice and the information you are required
to provide.
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Insurance company - Most auto insurance companies require
their policyholders to promptly report every auto accident. The insurance
company will want to gather all of the basic information concerning the
accident for its records. Sometimes the insurance company will want your
authorization to make a recorded statement concerning the accident. We
suggest that if you or your passengers were injured in the accident, or
believe the insurance company will try to claim "you're not covered" or
you have any concerns about the adequacy of your coverage, you should
contact an attorney before you go much further, and certainly before you
give the insurance company permission to record your conversation.
However, bear in mind that failure to provide information to your
insurance company on a timely basis -- your policy will set out how
quickly you must notify the company (and it can be a VERY short time
frame). Failure to comply could result in loss of coverage for the
accident, without it constituting bad faith by the insurer.
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Department of Motor Vehicles ("DMV") - Some state DMVs
maintain auto accident reports. Typically this report must be filed within
5 or 10 days of the accident. Failure to file such a required report could
lead to suspension of your driving privilege. In other words, your
driver's license could be taken away from you, regardless of fault, if you
do not promptly file a report with your state's DMV. If you or someone was
injured, it may make sense to speak to a lawyer BEFORE filing that report!
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4. Should I get medical treatment immediately after a car accident?
Yes. Many people who are involved in an automobile accident are too
embarrassed to seek medical treatment. The initial bumps and bruises do
not seem serious or the onset of the symptoms does not immediately occur.
After an accident, an initial evaluation at a local emergency room is
recommended. X-rays can be performed which will generally rule out broken
bones or fractures. Muscle relaxers and anti- inflammatory medications can
be prescribed to address muscle strains or pulls.
Of course, not every accident produces injury. However, if the onset of a
serious injury is delayed, the failure to have a medical complaint
recorded can affect your chances of recovery. Back and neck injuries like
herniated disks are not always immediately determinable. They are often
initially diagnosed as "soft tissue" injuries before an MRI or CT scan
reveals a disc injury. Normal x-ray film is generally not diagnostic of
disc injuries.
The mechanism of injury may not always be obvious to a person injured in
an automobile accident. For instance, there are many documented cases of
carpel tunnel syndrome caused by a person tightly clenching the steering
wheel during an accident. Since the wrists may not have slammed into a
part of the car, the person involved in the injury may not associate this
problem with the car accident until it is too late to make a claim.
Moreover, many insurance adjusters will refuse to pay claims when there
has been a delay in receiving treatment or when large gaps in the
treatment have occurred. Even though there are explainable and legitimate
reasons for the delay or gap in treatment, victims may end up either
uncompensated or under-compensated.
It is not uncommon for accident victims to leave the scene of the accident
feeling that they were uninjured and wake up the next day or two later
with extreme soreness, tightness or muscle spasm. In these instances,
immediate medical attention should be sought from your doctor.
Again, documentation of the onset of injury is important in establishing a
causal link between an accident and an injury.
If an injury has been diagnosed by your physician, make sure you keep your
appointments and scheduled treatments. Insurance adjusters will argue that
you must be well or feeling fine if you do not go to the doctor. This is
true even if all the physician is doing is examining you and prescribing
new medications which do not seem to be working. Documentation of your
pain and suffering is essential to successfully pursuing a claim.
Moreover, unsuccessful conservative treatment will eventually lead to your
doctor becoming more aggressive to seek a treatment or diagnosis which
will help your recovery.
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5. How do I make a claim against an insurance company?
The decision to make
a claim against an insurance company generally should be based upon the
fault of the other driver and the extent of injuries and damages you
suffered as a result.
Of course, not every auto accident will or should
result in a claim. This is especially true in the situation where the
thought process is to collect a few thousand dollars as part of some
nuisance-type settlement.
When claims are made, they can be discovered in
any subsequent litigation and could potentially hurt an otherwise
legitimate case. Thus, the decision to pursue the claim should be made
only when an injury and medical expenses have been sustained.
Once the
decision to pursue the claim has been made, the next determination is how
to go about making the claim. The answer to this question may depend on
which insurance company you are attempting to make a claim against, yours
or the other driver's.
When an accident occurs, the police are called to
the scene and the investigating officer will fill out an accident report.
He will then give to both drivers a copy of the item number or accident
report number so that the accident report can be obtained when he is
finished completing it.
The report will contain the names of the other
driver and insurance company. It also usually contains the policy number
under which the other driver is insured. Virtually all insurance companies
have toll free numbers for reporting claims which can be used to report
the accident. Of course, you will need the name of their insured, policy
number, date of accident and item or accident report number. They may also
seek information about your insurance. Then a claim number will be
assigned to your claim which you can use for future communications or for
reference when checking on the status of the claim.
Most of the time the
other driver's insurance company will contact you before you can contact
them. This assumes that the other driver has reported the incident to his
insurance company, which is not always the case. If they contact you, make
sure you tell them that you want to know the claim number they have set up
to process your claim against their driver.
It is also important to report
the accident to your own insurance company even if you are not at fault in
the accident. You may have certain coverages that will immediately pay for
your property damage and medical expenses without having to wait and see
if the other insurance company will accept or deny your claim. If your own
insurance company pays you, they will then seek to recover their money
from the other insurance company. This is called subrogation.Be careful
when discussing the accident with an adjuster for the other driver's
insurance company. Avoid giving statements or recorded testimony about how
the accident occurred. Those details are usually contained on the accident
report which can easily be obtained by the adjuster. If the accident
report is accurate, simply refer the adjuster to it.
Adjusters frequently
try to elicit a statement from the opposing party in an attempt to
minimize your damages or deny your claim. Give only the information that
is absolutely necessary and contact an attorney if you have any doubts or
questions about what information to provide.
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6. What sources of compensation can be pursued after an auto accident?
The answer to this question depends on your own financial resources and
the circumstances surrounding the accident. Typical sources of
compensation for damages sustained in an auto accident include:
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"Out-of Pocket" - When the damages sustained are minor and
cause no real financial setback, paying for the loss "out-of-pocket"
should be considered. There is no third party getting involved when you
pay for your loss yourself, no continuing investigation, no actual change
in your insurance, and generally less "hassle" overall. When your losses
exceed what you can comfortably handle from your current resources, other
sources of compensation must be explored.
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Your Auto Insurance Company - Whether your insurance will
compensate you for your loss depends on your contract with your insurance
company. In many insurance contracts, there is both first party (you and
your auto) and third party (passengers, other motorists and their
property) considerations. Some contracts have medical coverage for
personal injury of the insured (you) and your passengers in the vehicle.
Your insurance contract may provide for collision damage repair and
possibly for a car rental while yours is being fixed. Before making a
claim (which is different than providing a report) with an insurance
company, many people consider whether it will be less expensive for them
to pay for the loss "out-of-pocket" before relying on the insurance since
the actual loss under the insurance contract could result in an increase
in your insurance premium in the future. The potential of an increase in
your insurance premium must be balanced against your ability to pay
"out-of-pocket", (including any deductible under the insurance contract).
The smaller the damages, the more likely you will pay out-of -pocket; the
larger the loss, the more likely you are to seek recovery from your
insurance company.
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Your Health Insurance Provider or HMO - You may have
private health insurance or belong to a Health Maintenance Organization
(HMO). In the event of a personal injury sustained in an auto accident,
you could ask your own health insurer to pay for medical treatment.
Sometimes, private health insurance plans or HMOs require you to seek
recovery from your auto insurance company (as a primary carrier of the
risk) before it will pay/provide for your medical treatment.
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Other People Involved In the Accident - In addition the
three sources above, you may be able to seek recovery from the other
people who were involved in the accident. Your ability to recover from a
third party, such as another driver, may be limited by the laws of the
state in which the accident occurred. States can either have a "no-fault"
law, which leaves those involved in an accident to provide for their own
compensation, or a "fault" law, where the law generally makes the party
who is "at fault" or "caused" the accident to occur to pay for all the
damages incurred. If you are "at-fault" for an accident that occurred in a
"fault" state, contact your insurance company (if you are sued, you will
tender the defense and possible settlement of the lawsuit to your
insurance company).
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7. What happens if I am involved in an auto accident with
an unlicensed driver?
Generally, the owner of a
vehicle is not liable for damages which occur when another person is
operating the vehicle. However, numerous exceptions to this rule exist
where (i) the driver is on a mission for the owner of the vehicle; (ii)
when the driver is an agent or employee of the owner; and (iii) when the
owner himself is negligent in entrusting the vehicle to an incompetent
driver.
Under the negligent entrustment theory, the lender of a vehicle is
not responsible for the negligence of the borrower unless he knew or
should have known that the borrower was physically or mentally incompetent
to drive. For instance, when an owner of an automobile knowingly entrusts
the vehicle to an intoxicated, otherwise incompetent driver, the owner is
responsible for the harm resulting from the incompetent operation of the
vehicle.
Some courts have determined that a reasonably prudent person has
the clear duty to recognize the manifest danger of making a long-term,
open-ended loan of a vehicle to someone they know or should know is an
habitual abuser of alcohol and is prone to drive the vehicle while under
the influence of alcohol. A prudent person should recognize that under
these circumstances it is highly likely that serious injuries or death
will reasonably result.
Statutory law provides that unlicensed drivers are
prohibited from driving and that drivers are prohibited from allowing
unlicensed drivers to drive. The intent of this type of statute is to
protect the public and the unlicensed driver by preventing inexperienced
drivers from operating vehicles on public roads.
However, in most states,
the violation of a criminal safety statute does not usually, in and of
itself, create civil liability. Most states require that to constitute
actionable negligence, the violation must be encompassed within the scope
of the risks that the statute was designed to protect against. The
violation must also be a cause of the accident. Thus, if a driver is
competent and experienced, although unlicensed, then the risk of allowing
him to drive may be outside the scope of the risks contemplated by the
criminal safety statute which requires a driver's license.
Violation of a
criminal safety statute may provide a presumption of negligence in some
cases which will require the offending driver to prove that the violation
was not the cause of the accident.
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If you or someone you care for has been injured in an auto accident call
800-437-2571 anytime, for a free, no obligation, confidential consultation
with a lawyer from our office who is experienced in handling auto accident
accident claims, or use our convenient Free Case Evaluation submission
form
Should you decide to retain our services after the free initial
consultation, we will work on a 100% contingent fee basis. Simply stated,
we get paid for our services only if we recover monies on your behalf from
the insurance company.
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