AUTOMOBILE ACCIDENT
Knowing in advance what to do can help you avoid costly mistakes.
Become familiar with your automobile insurance policy before it’s needed. Read the policy thoroughly so you know what is covered and what is excluded.
Precautions to Follow After an Accident
If you're involved in a car accident, there are certain procedures to follow,
contingent, of course, on the extent of the collision.
Don't flee. Gather your wits and assess. Try to move your vehicle from the road.
This helps prevent another accident and allows emergency vehicles easier access.
Stay to the side of the road. You were already involved in one accident, you
don't need another.
Turn the engine off, if it's still running.
Avoid all urges to smoke. Spilled fuel combined with a discarded match makes for
a volatile situation.
If you collided with a telephone pole be alert to the possibility of downed
electrical wires.
Try to alert approaching traffic. Flares work best.
If you slammed into an unoccupied vehicle, try to locate the owner. If
unsuccessful, leave a note. But just don't write "sorry." Include your name and
contact information. Then report it to the local authorities, so if the note
blows away, you won't be charged with a hit-and-run.
Exchange information with all involved drivers. Be sure to get name, address,
phone number, license number, and insurance information.
Get names and numbers of witnesses.
If you're carrying a camera, snap photos of damage to all involved vehicles.
This will help in the event of an insurance claims dispute.
Regardless of how many ER episodes you watched on NBC, do not attempt to move
the injured. Removing a person from a burning vehicle or other imminent danger
is the lone exception.
Important Tips
Read your policy. Don’t wait until after an accident.
If you don’t understand your policy, ask your agent and/or company for
clarification.
If you have an accident, call the police. If there are injuries, call the
paramedics.
Get as much information as possible at the accident scene to furnish to your
agent and/or insurance company.
Immediately notify your agent and/or insurance company of an accident.
Cooperate with the insurance adjusters/investigators to aid in their efforts.
If you don’t understand something about the claims procedure (e.g., amount of
settlement offer), ask your agent and/or insurance company representative to
explain.
Notify your agent or company in writing of any change in your vehicle ownership.
What to Do If There Is an Accident
• Immediately stop at the scene.
• Call 911 if there are injuries.
• Call the police. In some areas police authorities may not come to every
accident scene.
• Obtain names, addresses, telephone numbers, and driver’s license numbers
from all drivers.
Obtain license plate(s) and vehicle identification numbers. Ask to see driver’s
license(s) and vehicle registration(s) to verify that the information is
accurate.
• Obtain names, addresses, and telephone numbers of other passengers and
any witnesses.
• If you have a camera, take photographs of the damage, the position of
the cars, and the accident scene (e.g., traffic controls, visual obstacles).
• If the owner of a damaged car or damaged property cannot be located,
leave a note with the names and addresses of the driver and owners of the
involved cars.
• Notify your agent and/or your insurance company immediately.
If anyone is injured, you must report the accident to the Motor Vehicles
Department within 10 days. Failure to notify the DMV may result in the
suspension of your driver’s license.
If the accident causes damage or injury to any other person, vehicle,
animal or property then you must:
Stop and remain at the scene of the accident for a reasonable amount of time.
Provide your name address and registration details to any person who has
reasonable grounds for asking for them. If the vehicle you were driving is the
property of another person, then you must provide their details too.
If these details can't be given at the scene, then you must report the accident
at a police station or to a police officer as soon as is practicable possible
and within 24 hours.
If another person is injured you are obliged to produce your car insurance
certificate at the scene of the accident to anyone who has reasonable grounds to
view it. If you are unable to produce your car insurance certificate at the
scene of the accident then you must take it to the police station you reported
the accident to within seven days.
Have the Facts in Hand!
Your insurance agent, broker, or company representative will likely ask you to
supply some basic information. To help speed things up, try to have the
following information with you when you call:
the name of the registered owner’s insurance company and his/her auto insurance
policy number;
the make, model, year, registration and licence plate number of the vehicle; and
details regarding the accident, including:
the driver's name and driver's licence number (if the driver is not the
registered owner);
the date, time and location of the accident,
the extent of any injuries;
the number of passengers involved, if any;
the extent of damage to the vehicle;
your description of the accident;
the names and driver's licence numbers of the other drivers, as well as the
names of their insurance companies and their auto insurance policy numbers;
the licence plate and vehicle identification numbers of the other vehicles; and
the name and badge number of the investigating police officer, if the accident
was reported to the police.
Tow trucks should not tow a vehicle without a tow authority being signed, unless directed to do so by the police (the vehicle may be causing a further traffic hazard
Road traffic accidents - Immediate action following an accident
1. You are legally required to stop after a road traffic accident, even if no
other vehicle was involved, if:
anyone (other than you) is injured
another vehicle or any other property is damaged
an animal on the road or in another car is injured (but not an animal in your
own vehicle)
items such as a street lamp, bollard, road sign or any other normal street
‘furniture’ are damaged
2. You should do what you can to ensure that anyone who has been injured gets
medical treatment, and that the accident site is made safe (eg warning other
motorists, making sure that people are moved away - if their medical condition
allows - from any hazardous substances such as leaking fuel). If necessary, dial
999.
3. You must stay with your vehicle long enough to provide your name and address,
the name and address of the vehicle’s owner (if different) and the registration
number to anyone involved in the accident. This could be an injured person, the
owner of property damaged by, or an animal injured in, the accident, a police
officer or a witness to the accident.
4. If anyone has been injured, you must produce your insurance certificate. If
you cannot do so at the time, you must notify the police (in person rather than
by phone, and within 24 hours) and take the certificate to the police station
(within seven days).
Even if no one has been injured, you may need to provide your insurance details
to anyone who wants to make a claim against you for damage to property.
5. You must report the accident to the police if you cannot exchange details
with the other party involved, and/or provide your insurance certificate, at the
time of the accident. You should also report the accident if you believe an
offence has been committed. You must do this as soon as possible, within 24
hours after the accident. However, if you can produce your insurance at the
time, and you have also given all the information required, there is no need to
involve the police.
Ask any other drivers involved for their details, and note the make, model and
colour of their vehicles as well as the registration numbers.
6. Make sure that you make your own notes of what happened. If you can, take
photographs that show what happened too – for example, showing the road layout,
the position and angle of your vehicle and any other vehicles involved, where
any pedestrians or animals were when they were injured, any area of poor
visibility, or any hazards, that may have contributed to the accident, etc. If
you cannot do that, try to sketch out a rough map showing these things.
7. Importantly, make sure you have the names and contact details of any
witnesses. If possible, also make a note and take photos of where they were when
the accident occurred. Ask them (including passengers in your own vehicle) to
make a written record of what they saw happen.
8. Note down any subsequent medical treatment or expenses you incur as a result
of the accident.
9. Inform your insurance company as soon as possible. If you don’t, it could
invalidate your insurance cover, even if the accident wasn’t your fault.
Who is at fault
Responsibility for an accident depends on the particular circumstances.
Even if you are at fault, you should not admit liability for the accident or
make any offer to pay. Doing so will weaken your position in any subsequent
dispute and is likely to be prohibited by the terms of your insurance policy.
In general, you can make a claim against anyone who causes an accident –
including learner drivers, cyclists and emergency services vehicles.
If someone drives into the back of your vehicle, they are usually at fault, even
if you braked sharply, because they should have kept a safe braking distance
from the back of your car.
Whoever is responsible for a stationary object (eg road works or a parked car)
may be responsible if it was not sufficiently visible, or unsafely or illegally
positioned.
If an accident is caused by an unsafe road surface, whoever is responsible for
the road surface (eg the local council, or someone who spilt oil and failed to
deal with it) may be responsible for the accident.
Where an accident is caused by a stationary object or road surface, a claim is
more likely to succeed if there have been other problems or accidents there as
well.
Blame may be shared by several different parties (including yourself), with each
liable for a percentage of any claim.
Making a claim
Depending on the circumstances, you may want to make a claim through your
insurance company or using your own solicitor.
Broadly speaking, a claim for personal injury or damage to property aims to put
you in the same position as if the accident had not happened. A claim may
include:
the cost of repairs (or the vehicle’s value if it is written off)
any other damage to property
your policy excess (if you have the vehicle repaired under your own insurance)
other related costs, such as hiring a car while yours is repaired
medical expenses, including the cost of continuing care and any adaptations
needed to take account of a continuing disability
loss of earnings or business profits
Insurance Issues
You must also obtain:
The name, address and telephone number of anyone else involved. If someone not
at the scene owns any vehicle then get his or her details also.
The make, model and registration number of any vehicle involved.
Details of the other driver's insurance policy - insurance company, whether
third party of fully comprehensive, expiry date.
The contact details of any witnesses.
Details of the weather and road conditions.
What the involved vehicles were doing as the accident happened.
Things to Avoid at the Scene of an Accident
Do not argue with other drivers and passengers. Save your story for the police
and your insurance company.
Do not sign statements regarding fault or promises to pay for damage.
If another party offers to pay your deductible, don’t sign anything releasing
him or her from further responsibility. By releasing the other party, you
jeopardize your insurance company’s subrogation right, and the company may
refuse to pay for damage to your car.
Offering Assistance At The Scene Of An Accident
If ever you find yourself at the scene of a road accident then follow the golden
rule - never put yourself at unnecessary risk. However, if you can safely offer
assistance then this is what you should do.
Switch on your hazard warning lights.
If possible place a warning triangle on the road at least 45 metres behind the
scene of the accident.
If anyone requires medical attention be certain that someone has called an
ambulance. If no one has, then make the call.
Remove any non-injured people away from the scene.
Don't move casualties trapped in vehicles unless they're in danger.
Make sure all engines have been turned off.
Make sure no one is smoking a cigarette.
First Aid At The Scene Of An Accident
The golden rules:
You must only ever remove an injured person from a vehicle if it is absolutely
necessary to do so.
Only remove a motorcyclist's helmet if it is essential to clear their airways.
Try and keep anyone who is injured as warm as you can.
Offer reassurance to any injured person but don't give them anything to eat,
drink or smoke.
If a person is unconscious first check their breathing. Clear any obstruction to
the airways and loosen tight clothing. If breathing doesn't restart give
mouth-to-mouth resuscitation. To do this, lift the chin and tilt the head
backwards. Pinch the person's nostrils and blow into the mouth until you see the
chest rise. Repeat every four seconds until the person can breathe without
assistance or until an ambulance arrives.
To stop heavy bleeding you should apply firm hand pressure over the open wound
using some clean material.
If a casualty has burns to the skin then douse the burns with cool liquid but do
not remove anything sticking to the burns.
An auto repair shop is required to provide a written repair estimate of the cost of repairs prior to initiating repairs to the vehicle. Once the work is completed, the shop must then provide a written repair invoice. Law requires that the type of auto parts used in repairs must be identified on the repair invoice. Consumers should carefully check their invoice to ensure that the auto body shop has identified each auto part replaced as being used, reconditioned, rebuilt, an original equipment manufacturer part, or an after-market part.
For more visit
- http://www.lawdonut.co.uk
- http://www.insurance.ca.gov
- http://www.driving-test-success.com
- http://www.dmv.org