What To Do If You Are In An Automobile Accident
Author: Attorney Daniel Villalobos
Getting into an automobile accident can be very daunting and overwhelming. What you do immediately after an accident could have detrimental consequences for your case. Please read the following questions and answers regarding typical questions a victim may have after suffering an automobile accident.
Q: Should I seek Medical Attention?
A: Absolutely. If you, or anyone else involved in the accident, is injured in an automobile accident, seek medical help immediately.
Q: Should I contact the police?
A: Yes. Documenting the accident with a police report is a very important step in building your case. The police report is used by the insurance companies to get an idea of what happened in the accident. If you don’t have a police report made, then it is a he-said/she-said situation where the insurance companies have to take your word against the other driver’s word. This can make it much harder to prove your case.
Q: Should I get an Exchange of Information?
A: Yes. When the police are called to the accident scene, they are usually unable to make a police report at that exact moment. Typically the report is ready a couple days or up to a week after the accident. However you are entitled to an Exchange of Information which is simply the personal information for both drivers (name, address, auto insurance info, make and model of the cars, the license plates, VIN numbers, dates of birth, etc. etc.). The Exchange of Information does not give a description of the accident. Most of the time, police officers will forget to give this to the drivers or they will simply tell the drivers to wait for the police report to come out to get all the pertinent information. DO NOT ALLOW the police to tell you that. You have the right to demand an Exchange of Information. Nobody wants to wait a week to get their car fixed. The Exchange of Information will allow you to get the auto insurance for the other driver and file the insurance claim that same day.
Q: Should I take photos after the accident?
A: Absolutely. A picture speaks a thousand words. If you have a camera in your car or have a cell phone with a camera application, take as many pictures as you can. Some examples of (but not limited to) things you should take pictures of are:
- Take pictures of the damages to the car
- Take pictures of the vehicles and their locations on the roads
- Take pictures of the other driver’s license and insurance information
- Take pictures of the intersection where the accident occurred
- Take pictures of any bruising on your body.
Q: Should I speak to any witnesses?
A: Yes. This may very well be the most important thing in your case, especially if the accident involved the other driver running a red light or the other driving improperly changing lanes. Often times the police offer is not able to determine fault when one side runs a red light or improperly changes lanes, simply because the other driver will deny doing so and accuse you of doing the same. If you have a witness who can testify that the other driver ran the red light or the other driver improperly changed lanes, then you stand a much better chance of winning your case. Immediately after the accident, get the names and numbers of everyone in the vicinity who may have seen or heard the accident.
Q: Should I gather details?
A: Yes. Nobody has a perfect memory. Everyone’s memory begins to fade over time. Having details written down will help refresh your memory when it is time to testify at trial about what happened. Note what happened, the date, the time, the weather, the location of the accident, any landmarks nearby, and if possible draw a diagram of what happened. Write down any immediate injuries you have as well.
Q: Should I report the accident?
A: Yes. Notify the insurance companies or the insurance agents as soon as possible. But please remember you are only reporting the accident, DO NOT give any statements or sign anything until you speak to an attorney at our firm.
Q: What should I not do after an accident?
A: The following are things you should never do after an accident.
- Do not panic. Remain calm and call for help
- Do not leave the accident scene. Stay at the scene until help arrives and you receive an Exchange of Information from the police officer.
- Do not discuss details about the accident with anyone before speaking to an attorney at our firm. File the report with the police and file a claim with the insurance company.
- Do not accept liability for the accident to anyone for any reason without first contacting an attorney at our firm. Even if you are the one who rear ended the car in front of you, although you may think you are at fault, or the police may think you are at fault, our firm will discuss your legal options with you and help you make the best decision. Our firm has successfully filed injury claims for victims when they were the ones who ran a red light or rear ended another vehicle. The specific facts of each case vary and our firm can make the decision if you are entitled to money or not based on the particular circumstances of your case.
- Don’t record a statement for any reason without first contacting an attorney at our firm. If either insurance company contacts you simply give them the telephone number for our firm and tell them to contact us regarding any statement. Insurance companies may ask you questions that will elicit answers out of you that can hurt your case.
- Don’t sign anything or settle your case with any insurance company, for injury or property damage, until you first contact an attorney at our firm.
- Don’t wait to file the claim or call our firm. Evidence can disappear after an accident. Hiring our firm immediately and filing an insurance claim immediately is the best way to protect your rights under the law, preserve the evidence, and allow us to build your case.
We do not charge a fee or costs unless we recover money for you. Call us for a free consultation.