What Do I Do If I Am Involved In
An Accident?
Like the bumper sticker says: “Stuff
Happens.” That’s why we call them “accidents.”
Few people plan to go out and plan to have one. It
makes sense to give some thought to what actions you
should take if the accident happens to you. There
are several things you should do immediately, or as
soon as possible, after an accident.
In approximate order of priority and
importance: Stop at once, being careful of traffic,
and give all the help you can to anyone who is hurt,
but avoid moving injured people. If possible, have
someone call 911 or an ambulance. Notify the local
police authorities if someone is injured or killed.
Obtain the names and addresses of all witnesses or
as many as possible, as well as the badge numbers
of police officers and the names and addresses of
ambulance services, if any are present. Exchange driver’s
licenses, registration certificates and insurance-company
information with the other driver, in the case of
a collision, as well as the names of other occupants
of the cars. If any of them have been injured, make
a note of the type and extent of their injuries. If
a pedestrian is involved, exchange names and addresses
with him and make note of his injuries.
Next, if at all possible, arrange
to have photographs taken of the damaged car or cars,
as well as of skid marks and other physical evidence.
If you are injured, try to be examined by your regular
physician as soon as possible.
If you collide with an unattended
vehicle or other object, try to locate the owner and
report the accident. When this is not possible, leave
a note on the car or object with your name and address.
If you have injured a farm animal or pet, try to locate
the owner.
Finally, report the accident within
twenty-four hours to your automobile insurance company
or broker; Report the accident to the local police
or proper authorities within forty-eight hours of
the mishap, and fill out an accident report.
Now we’ve got to talk about
the “lawyer part.” Since these are circumstances
in which the services of a lawyer are crucial, it
is recommended that you don’t do any of the
following things before you talk to your favorite
lawyer.
If the accident is a serious one
and you believe you may have to bear some share of
responsibility for causing it, don’t make any
statement whatever to the police, other motorists,
bystanders or anyone else, until you have met with
your lawyer. Understand this: The police may tell
you that you have to make a statement. They’re
wrong. The Fifth Amendment to the United States Constitution
and I are right. You do not have to make any statement
that would incriminate you.
The emotional upset resulting from
the mishap may induce you to say things that are self-incriminating,
distorted or actually not in accord with the facts,
and whatever you may say may be taken down and used
in evidence against you. Under the constitutional
provision against self-incrimination you are not required
to say anything and, in a criminal proceeding, no
inference may be drawn from your silence.
If you are the victim of an accident, don’t
accept any money from the person causing it in payment
for injury or property damage, until you get legal
and medical advice. The extent of the injury or damage
may be greater than you first believe, or you may
be entitled to recover more money than you realize,
and the acceptance of cash may be regarded by the
law as full settlement of your claim.
Don’t talk to insurance adjusters,
or accept an immediate cash settlement from them,
or sign a release or any other papers they may present,
without an attorney’s advice. Adjusters must
try to settle your claim at the lowest possible cost
to their companies, and they may go to considerable
lengths in their efforts to do so.
Even if the settlement the adjuster
offers is a reasonable one, it will probably be available
at a later date. Be careful of the statements you
make even to your own insurance company adjuster,
since the company may also represent the other party
to the accident. It is possible in such circumstances
that your statement may end up being used against
you.
Next week: Part 2 - More Information
About Accidents.
Michael R. Barnes
practices law in Key West, Florida. His comments are
provided as a pro bono community service and are not
offered as legal advice for a particular set of circumstances.
This article was materially assisted in its preparation
by his paralegal, Christine Gorman. If you are concerned
that you may need a lawyer, you are encouraged to
contact one and follow his or her advice for your
individual situation.
