Car Accident FAQ: Auto Accident Investigation Questions
If I am in an auto accident do I have to stop?
Yes. You must stop - whether the accident involves a pedestrian, a moving car, a parked car or someone's property. If you drive away, you can be charged with "hit and run" even if the accident is not your fault. Hit and run penalties are severe. Depending on the amount of damage, you may be given a large fine, sent to jail or both. You also could lose your driver's license. If you hit a parked car, try to find the driver. If you cannot, the law says you may drive away only after you leave behind your name, address and an explanation of the accident - and you must notify the local police or highway patrol either by telephone or in person.
What should I do if someone is injured?
The law requires you to give reasonable assistance to injured persons. 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. If you are not trained in first aid, do not move someone who is badly hurt, you might make the injury worse. However, you should move someone who is in danger of being hurt worse or killed, even if you do make the injury worse. For example, if someone is thrown from a car onto the freeway, carefully move the person to a safer place. To avoid additional collisions, try to warn other motorists that an accident has occurred. Placing flares on the road, turning on your car's hazard lights and lifting the engine hood are good ways to warn oncoming traffic. Arrange to get help for any injured persons, and try not to panic.
Should I get a physical check-up after the accident?
A check-up is a good idea for both you and your passengers. You could be injured and not know it right away. At least call your doctor or another health care provider for help in deciding what your needs may be. Your automobile insurance may pay your health care bills.
How can I get help?
As soon as you can get to telephone, call 911. Explain the situation and give your exact locations, so help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine. Or, flag down a passing car, and ask the driver to go for help. Perhaps the driver will have a cellular phone in the car and can make an emergency call on the spot.
What information should I gather at the accident scene?
Since many records now are confidential under the law, you may not be able to obtain the information that you want from the Department of Motor Vehicles (DMV). So be sure to get as much correct and complete information as you can at the scene of the accident. You and the other driver should show each other your drivers' licenses and vehicle registrations. Write down:
- The other driver's name, address, date of birth, and telephone number.
- Their driver's license number and expiration date.
- Their insurance company.
- The other car's make, year, model, license plate number and expiration date, and vehicle identification number.
- 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.
- The names, addresses, and telephone numbers of any passengers in the other car.
- The names, addresses and telephone numbers of 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.
- Try to identify people at the accident scene, even if they will not give their names. For example, if a man who saw the accident drives off, take down his license plate number. Law enforcement officials can trace the owner's name and address.
- 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 the accident report.
- Make a simple diagram of the accident. Draw the positions of both cars before, during and after the accident. If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or street lights.
- If you have a camera with you, take pictures of the scene.
- Make notes on weather and road conditions. If the accident happened after dark, say whether street lights were on. Estimate your speed and the other driver's. Be sure to note the exact time and place the accident happened.
If I think the accident is my fault, should I say so?
Do not volunteer any information about whose fault the accident was. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are. You should talk to your insurance agent, your lawyer or both before taking the blame. Anything you say to the police or the other driver can be used against you later. Do not agree to pay for damages or sign any paper except a traffic ticket until you check with your insurance company or lawyer. However, be sure to cooperate with the police officer investigating the case. But, stick to the facts. For instance, if you were driving 30 miles an hour, say so. Do not say, "I wasn't speeding.
What if I get a ticket?
Sign it. A ticket has nothing to do with your guilt or innocence. When you sign, you promise 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 lawyer 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.
Do I have to report the accident?
Yes. First, you may need to call the highway patrol or the local police. Second, report the accident to your insurance company. Ask your agent what forms you should fill out and to help you make other necessary reports on the accident.
Who pays if I am injured or my car is damaged?
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. If you loan your car to someone who has an accident, your insurance pays for the damages - just as it would if you had been driving.
What should I do if the other driver does not have insurance?
If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries, if you have "uninsured motorist" or medical payments" coverage. If the other driver's insurance is not enough to pay for all of your damages, your own insurance may pay the difference, if you have "underinsured motorist" coverage. If you do not have these kinds of insurance or if your damages are more than the policy's limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. If you have collision insurance, it will pay for damage to your car, no matter who is at fault.
What if someone sues me?
Contact your insurance agent and your lawyer right away. Generally, your insurance company will assign a lawyer to handle your case. But, if you are sued for more money than your policy covers, you may need your own attorney too. Also, insurance company lawyers do not handle traffic citations or criminal cases, such as hit and run charges. If you are charged with a crime and cannot afford a lawyer, call your county's Public Defender. Depending on your income, you may qualify for free assistance. To find the Public Defender, look in the white pages under the name of your county.
What if I want to make a claim for my injuries?
If the other driver was at fault, you may be entitled to compensation - for your personal injuries, pain and suffering, car damage and other expenses, such as lost wages or the cost of a nurse needed after the accident. Your attorney should make a claim with the other driver's insurance company. But, if you are not satisfied with the amount they offer, you may want to sue. If you plan to sue, do not delay. There are time limits for filing various types of claims, usually one year after the accident, but sometimes much less so act quickly.
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