What To Do After An Accident?©

-At the Accident Scene

1. Remember the three C’s of safety:  Be Calm, Be Clear and Be Careful. Check on all drivers and passengers to determine the extent of injuries.

2. Get medical attention for anyone who may need it. Call the police. If you are not sure whether medical personnel or police are needed, it is better to be safe than sorry: so call them. Many times people do not think they are hurt at the accident scene only to wake up the next day in tremendous pain. Also, property damage that appears minor can be a lot more extensive and expensive than it first appears. In both those situations, the lack of a police report regarding the accident could be detrimental to your insurance claims.

3. Make a mental note of the location of the vehicles and any other physical evidence such as skid marks or gouge marks. Look for landmarks that you can reference such as street signs, posts, road markers, reflectors, etc.  As soon as possible you may want to sketch a rough diagram of the accident scene indicating the location of the physical evidence. Also, if possible you may want to try to get photographs of the accident scene.

4. Try to identify witnesses to the accident. Get the name, phone number and address of anyone who may have witnessed the accident.

5. Exchange information with the other driver. It is generally advisable to limit your conversation with the other driver to basic information such as: Name, address, phone number, driver’s license number, tag number and basic insurance information.

6. Tell the investigating police officer what happened and make you sure you tell him or her about any pain complaints or problems you may be experiencing. Also, ask the officer when the accident report will be ready and how you go about getting a copy of it.

-Within 24 Hours of the Accident

1. Notify your insurance company of the accident.  Under most insurance policies you have a duty to timely notify your company of an accident, even if you think the accident is the other driver’s fault, and you must cooperate with your insurance company as they investigate and/or process any claim. Get the name and phone number of each person you talk to and write down the claim number assigned to your claim.

2. Get a copy of the police report as soon as it is ready. Review it carefully for accuracy. If you find an error or disagree with the conclusions, write the investigating officer a letter indicating the errors and/or explaining why you disagree with the conclusions.  If you have the name of a witness who is not referenced on the report, provide that information to the officer.  Date your letter and keep a copy for your file.

3. If you think the other driver was at-fault or responsible for the accident, notify his or her insurance company of your claim. When dealing with the at-fault driver’s insurance company, remember they have no obligation to tell you what your rights are or how to best use the available insurance benefits. Also, be very cautious as to what you say about the accident or injuries. Your conversation may be being recorded or in the very least the adjuster will be taking notes about everything you say. (Note: In Alabama it is not illegal for one party to a conversation to record the conversation without telling the other party that the conversation is being recorded.) Your initial conversation should simply be enough to establish that a claim is being made and to find out the process for property damage and/or bodily injury claims. Get the name and phone number of each person you talk to and write down the claim number assigned to your claim.

4. Take pictures.  Many times accident victims do not get pictures because the insurance company has taken photographs. Those photographs are the property of the insurance company and they are not obligated to share copies with you unless they are requested during a lawsuit, by which time the photographs may have been lost or destroyed. 

• Take pictures of the damage to your vehicle. Don’t forget to get photographs of interior damage such as broken seats.
• Take pictures of the accident scene and any physical evidence such as skid marks. (Note: Pictures of the accident scene should only be done if  it can be done safely without danger to you or other drivers.)
• Take pictures of any noticeable physical injury such as cuts, bruises and/or abrasions.

5. Find out about your rights and what types of insurance coverage may be available to you.  This usually requires consultation with an experienced personal injury attorney. Most experienced personal injury attorneys do not charge for consultations and the mere fact that you consult with an attorney does not obligate you to hire or retain an attorney. Many times car accident injury victims are reluctant to consult with an attorney because they do not want the insurance adjuster to think they are “being greedy.” Also, insurance adjusters are trained to discourage claimants from consulting with an attorney. Remember, a claimant that does not know his or her rights is at a great disadvantage when trying to resolve a claim.