- Your health and safety and that of your passengers and other individuals in the other car have to be first. Treat injuries and call 911 if necessary.
- Call the police. Officers will investigate the scene of the accident. Their report can be an important part of an insurance claim and will document that the accident occurred. They will identify the other driver. (The last thing you want is to decide to handle it without the police and then get wrong contact information from the other driver.) You are not required to incriminate yourself in a police investigation. You can choose to give only your vehicle registration, proof of insurance, and driver’s license. However, if you choose to do so, expect greater scrutiny and possibly a citation. What you say will be put in a police report and used to decide who, if anyone, should be cited. Tell the truth. But don’t guess, speculate, or assume. Don’t apologize. Don’t assume responsibility for the accident. If you decide to speak, stick to the facts, and only the facts. Answer the police question as briefly and directly as possible.
- Exchange insurance information with the other driver.
- Take pictures and preserve evidence. Take pictures of the intersection, of your vehicle, of the other vehicle, of injuries, etc. Take pictures before your vehicle is repaired. Do not salvage your vehicle if you are told that it is totaled. This will destroy valuable evidence.
- See a medical professional. Even if you perceive your injuries as minor, it is important that you see a medical professional following your accident (even if you drive your self to a facility later that night). Following the trauma of an accident, it is not unusual for the victim to not yet perceive injuries. However, injuries such as concussions and whiplash can often manifest hours or days after the accident. It is important that you are examined by a medial professional to document your injuries and to prevent further injury. Furthermore, if you wait to treat injuries – deciding to just tough it out – then this fact could be used against you in litigation in an attempt to convince a jury that you were faking or not severely injured. Tell the medical professional that you are seeing her because of a car accident. It is important that this fact is documented to show that the accident caused your injuries.
- Report the accident to your insurance company. Insurance policies have notice deadlines that you must meet to get coverage.
- Talk to an attorney. An attorney can help you evaluate your case, preserve evidence, negotiate with the other driver’s insurance, or prepare for litigation, if necessary.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.