out-of-control down crowded streets.
But, horses had "horse sense" and rarely drove head on into the next
wagon.
Without horses to guide us all the foibles of humanity come into play.
Are car accidents necessary? Probably not. But since they are a fact
of life in modern America and since "forewarned is forearmed" here are
some tips to help you cut your losses if you are involved in one.
STOP
Even if you just feel a bump on your car or think you might have hit
someone or something, you should stop. Failing to stop could get you
in a whole lot of trouble.
CALL THE POLICE AND REPORT THE ACCIDENT
If there has been an injury or the possibility of injury you should
call the police.
if the other driver asks you not to involve the police, you should
definitely call the police. From experience I can tell you that these
people often don't have insurance and try to weasel out of paying you
later on.
In twenty five years I have only twice seen at-fault drivers make good
on their promise to pay for damage after an accident. One of those
cases involved me when I tapped another car on an icy road and was
asked to replace the car seat. Buying a new car seat was cheap for me
as it avoided an increase in my rates.
If your car is in an accident and the person driving was rendered
physically incapable of making an accident report, then you, as the
owner of the vehicle, should make sure the accident is reported to the
police.
If another driver causes an accident but does not stop do your best to
get the license number. If there are witnesses get their names,
addresses and phone numbers. Then call the police. Keep the witnesses
at the scene till the police arrive.
If you are injured in a no-contact accident caused by a driver who
flees the scene you can be compensated by your uninsured motorist
coverage. However, your carrier will require "independent proof" that
another driver caused the accident.
EXCHANGE INFORMATION
Drivers must exchange names, addresses phone numbers and insurance
information.
GATHER INFORMATION
Make a diagram of the accident, showing the positions of the cars
before, during, and after impact.
Measure skid marks (if possible), or make sure the police do it, note
the positions of traffic lights and street signs, estimate the
respective driving speeds (for your own records), and record details
about the weather and road conditions.
If possible, have photographs taken of the accident scene and of any
damage or injury to persons or vehicles.
Pictures of serious damage to your car or other cars can help you if
you later pursue a claim for injuries.
On the other hand, minor damage to your car or another car can help
you if someone files a claim against you.
I once tried a case where the insurance defense attorney obtained a
photograph of the minor damage to my client's car and had it blown up
to to an exhibit measuring four feet by four feet.
This was impressive to the jury who felt that minor damage to car
meant minor damage to the occupant and so they awarded a smaller than
normal amount of money on the case.
DON'T ADMIT FAULT
You should cooperate with police officers investigating the case.
Answer the police officers questions factually. Don't guess or
estimate. Do not volunteer information or comment on the accident to
the police witnesses, or other drivers. Do not admit any fault for the
accident.
Do not sign any pieces of paper. In some states you may be asked to
sign traffic tickets-but this in itself is not an admission of guilt
or wrongdoing.
You must take an alcohol test if requested, or risk losing your
license.
SEE A DOCTOR
As soon after the accident as possible, it would be a good idea to be
checked out by a doctor. Even if there are no initial signs of pain,
there might have been damage done to the neck or spine.
Sometimes people get injured in car accidents but because those
injuries don't show up immediately, they don't seek medical treatment
promptly.
If a short time after your auto accident, you or one of your
passengers develop pain in the neck or back or you feel you're
suffering from a mental or emotional disability caused by injuries to
the head, see a doctor.
If you have a head injury, you may need to see a neurologist. Head
injuries can occur even though you don't hit your head. This is what
happened to Natasha Richardson who died from head injuries in a skiing
accident. This is known as a "contrecoup" concussion.
At the very least consult a chiropractor with respect to back and neck
injuries.
REPORT THE ACCIDENT TO INSURANCE COMPANIES
After the accident contact your insurance company to inform them of
the accident.
If the other driver was at fault report the accident to his insurance
company.
His company should provide you with a rental car, if needed, and pay
to have your car fixed.
If your car is totaled the his insurance company should pay to fix it.
Kelley Blue Book and NADA both have web sites where you can get
information about the value of your car.
HOW TO DEAL SUCCESSFULLY WITH CLAIMS ADJUSTERS
You will likely be contacted by a claims adjustor from your own or
another parties' insurance company.
Be careful about what you say.
If you feel you have no injuries at the time and tell that to the
adjustor, and later on it develops that you had injuries that you were
unaware of, (this is very common in whiplash cases,) the adjustor is
sure to bring it up, in an effort to keep the settlement as low as
possible.
If the adjuster is not promptly providing you what, by law, you are
entitled to, ask to speak with her supervisor.
If that doesn't work well...
CALL A LAWYER
You may want to talk to an attorney to clarify your rights and discuss
questions of liability for the accident.
And you might need help getting a rental car, getting all the damage
repaired on your car, or getting fair value for your car if it is
totaled.
WHAT TO DO IF YOU ARE SUED
If you are served with a complaint and summons and you have insurance
just take the complaint and summons to your insurance agent. This
would be the agent for the insurance you had at the time of the
accident. Auto insurance covers you based on coverage on the date of
the accident. If you changed insurance since the accident your prior
insurance still has a duty to defend you.
If you were not covered by insurance you should consult a lawyer who
specializes in insurance defense. It will be worth paying his hourly
fee to have him protect your interests.
You might be able to get the case dismissed by proving you were
uninsured at the time of the accident. The injured person can then
make a claim under his uninsured motorist coverage.
His uninsured motorist insurance carrier may go after you for
"subrogation". If that happens, your insurance defense lawyer can be a
big help negotiating the best possible settlement of the claim.
This may be a time to consider filing bankruptcy so a consultation
with an experienced bankruptcy lawyer to discuss Chapter 7 and Chapter
13 should be scheduled.
Rex Bush is founder of Bush Law Firm near Salt Lake City, Utah where
he handles personal injury cases in Utah and throughout the United
States and Canada. For more information on personal injury issues
visit his website: Utah Injury Attorney.
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