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You’re involved in a car accident—do you know what to do? It
may be difficult to remain calm, but you must do your best. One way to help
improve your chances is getting the priorities straight in your head now, so
you’ll have that knowledge to fall back on while you’re dealing with the inevitable
shock and adrenaline.
Prior to becoming an attorney, Tyler Mann of Tyler Mann Injury Law,
LLC in
Huntsville, Alabama, worked as an automobile insurance adjuster. Today, 90
percent of his legal case load involves automobile accidents.
“One of the most common
questions I get as a lawyer when talking with someone about what I do is, ‘What
do I do in the event I have an accident?’” says Mann. He says that “Although
certain situations and facts might dictate a change to this protocol,” he
generally provides the following guidance:
Call the police and, if necessary, an ambulance
Law enforcement will document
the scene of the crash, record information about the involved parties, and
assure the safety of those involved in the crash as well as passing
motorists. The priority is safety, but the fact of the matter is
information collected during this process can be vital to future litigation.
Be careful what you say at the accident scene
Even if you believe that the crash was your fault, do not admit fault or blame
at the scene. The phrase What you say can and will be used against you
in a court of law typically refers to criminal cases as part of the
Miranda Rights, but it also applies in civil cases, such as those that arise
from injuries in a car accident.
Keep communications with the
other party civil and short. Keep your cool, and refrain from “finger pointing”
at the scene. Allow the officers at the scene to conduct their
investigation, and wait patiently for them to speak with you. When you are
interviewed by a police officer about the facts, keep it simple, and refrain
from guessing at things like speed and distance. Just stick to what you
know. If you aren’t sure how to answer a question, say simply, “I don’t know.”
Take photographs
These days, almost everyone
has a cell phone with a camera in it. If it is safe for you to do so, take some
shots of the vehicles’ positions, the damage, the location where the accident
occurred, and any other photos you believe would be helpful in proving what
happened in the crash.
“If you are unable to take
photographs, then take notes,” advises car travel expert Grainne Kelly, founder
of BubbleBum car travel innovations.
“Draw diagrams of the scene—it will help when you’re discussing details with
the police and your insurance company.”
Seek medical attention
“It’s important to get checked
out at the ER,” says Kelly. “Shock from the accident can numb the pain of
injury for a while. Medical professionals may be able to spot the telltale
signs of injuries not apparent to the naked eye.”
Contact your insurance company
As soon as possible after the
accident, call your insurance company. Insurance companies have reporting
guidelines in order to extend coverage to their policyholders, and failure to
report an accident in a timely manner can lead to the insurance company denying
your claim at a later date.
Timeliness is especially
important if you believe you are at fault for the accident. If you are
sued, your insurance carrier, in most scenarios, will provide you with a
defense, as long as you have met the obligations outlined in your insurance
policy.
Address the damage to your vehicle
Regarding the property damage
on your vehicle—and subject to any advice given to you by a lawyer—talk with
your insurance carrier about the damage to your vehicle. If the other party is
at fault for the accident, the damages should be handled through the other
party’s liability insurance. If you are at fault, your damage will be handled
through your own policy’s collision coverage, subject to your
deductible. Most insurance carriers will guide you through the process of
having your vehicle repaired, and some even recommend repair facilities that
cover repairs under a short warranty.
Consult with an attorney
If someone else caused the accident,
reach out to an attorney for advice on how to proceed. If you are
seriously injured, consider hiring an attorney that handles personal injury cases to protect your
rights regarding medical bills, lost wages, and other damages. Most injury
attorneys accept cases on contingency fees, which means you do not have to pay
attorney fees unless the case is decided in your favor.
Automobile accidents are
frightening and upsetting. Knowing what to do will save you from medical,
legal, and financial problems down the road.
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