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What Should I Do If I Am Involved in An Automobile Accident? - October 21, 2009
What information should I obtain if I am involved in a car accident?
First seek immediate medical attention if you or someone else is seriously injured in the vehicle accident. After assuring that everyone is out of harm's way and that medical and police help has been summoned, obtain the following:
The complete names of all drivers involved in the accident.
The addresses and driver's license numbers of all drivers involved in the accident.
The names and addresses of the registered owner of the vehicles.
The names and policy numbers of the insurance companies of the drivers involved in the accident. Note if anyone is uninsured.
Notify police or emergency personnel if any of the other drivers appear to be drunk or under the influence of alcohol or drugs.
The complete name and address of passengers in the other cars.
The complete name and address of any other parties or pedestrians involved in the accident in any way.
The complete name, and contact information of any witnesses to the accident.
If you have a camera, even on your cell phone, take photos at different relevant angles of the accident scene or intersection as soon after the accident as feasible. Take photos in a circle as if at different positions on a clock. Also include photos of any skid marks and the injuries of the injured. If you do not have a good camera, disposable cameras can often be bought at nearby convenience stores. If you are not able to take photos. contact us at 314-621-2900 immediately so that our investigators can document important evidence before it is lost.
In addition, you should make observations and record notes about the following:
Was medical assistance rendered at the scene of the accident?
Where personal injuries reported by anyone at the scene, for example: Did anyone say something like "I'm not hurt," or claim to have injuries?
Note the actual location of the accident.
Note the direction and speed of the automobiles just prior to the accident.
Note what time of day and the weather conditions at the time of the accident.
What was the condition of the vehicles prior to the accident - cracked windshields broken headlamp, brake lights etc.
How was the vehicle damaged as a result of the accident? Were any cars towed?
Make notes as soon as you can after the accident as to how the accident occurred.
Did anyone accept responsibility for the accident, or make a comment such as "It was my fault, I am sorry. I was speeding / not paying attention / not wearing my glasses / distracted / tired / late for work / in a hurry / my coffee had just spilled / I should have seen you but I was on my cell phone / I've been taking these pills / my eyesight isn't what it used to be after dark, etc"?
Did police issue anyone a ticket? Note which officers were present, including their names, badge numbers and municipality in which they serve.
Were any of the drivers driving in the service of their job or driving a company vehicle.
Should I call the police?
Absolutely! Contact the police immediately from the scene of the accident. Police reports are important to provide proof of the accident and allow for an immediate investigation and record of the accident scene. Police are trained to take statements, identify witnesses, and examine the other drivers to check for drug or alcohol use. The police themselves are often important witnesses to your injury at the scene, and they sometimes secure admissions of fault from the negligent driver.
Because you may develop injuries whose symptoms do not become known for days or even weeks later, it is important to resist the temptation to minimize the accident or handle the situation with the other driver on the spot, even when the accident appears initially to be minor.
When should I contact an attorney?
Once you have made certain that you and others are safe, you can contact us to assist you with the items noted above. Otherwise, as soon as feasible after leaving the accident scene you should contact an attorney experienced in handling personal injury matters. At Padberg & Corrigan, we will promptly arrange for an attorney to consult with you free of charge, so as to enable us to immediately take action on your behalf and examine and record all evidence, such as tire skid marks, while it is still "fresh" and available.
Should I contact my own insurance company?
Your insurance policy typically will require you to report your automobile accident, and you should report it in a timely manner to take full advantage of your coverage. The insurance company will want to gather all the basic information regarding the accident for its records - whether you are at fault or not. Sometimes the insurance company will want your authorization to make a recorded statement concerning the accident. If you or any of your passengers were injured, we would recommend you contact an attorney before giving your insurance company permission to record your statement.
Never give a statement to the other driver's insurance company without consulting an attorney first. Their interests are not the same as yours. Simply say "thank you for calling but I am not prepared to discuss this matter with you at this time." Then call an attorney that represents you.
Should I go to the doctor?
Because physical complaints can begin days or more after an accident, you should not hesitate to consult a medical professional if you were involved in a jarring event, even if you feel "okay." Many time people walk away feeling "shaken up" only to wake up a day or more later feeling injuries they never felt at the time. If you feel pain and discomfort, you should get attention from a doctor rather than waiting to see if it will go away on it's own. Not only is this good for your health, should you have a significant injury, your chances of obtaining an appropriate settlement for your injuries will be diminished, because there will be no medical record of your injuries at the time of the accident. Consulting with a doctor will insure a preliminary diagnosis and may help minimize the discomfort or future treatment you may need later.
Follow the doctor's instructions completely and do not miss any follow up appointments. Substituting your judgment or diagnosis for those of an experienced medical professional can and will be used against you in court.
Is there anything special I should tell my doctors?
Whether you are reporting your injury to police, emergency personnel or hospital staff and doctors, be certain to identify specific complaints. Do not omit any complaint you may have, no matter how minor you may consider it to be.
Even if you feel it is minor, or are not certain it is related to your accident, you still should make the professional aware of all of your complaints. Often small complaints are symptoms of more serious conditions. Anything that is out of the ordinary you should consider a symptom which can help your doctor make an informed diagnosis.
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