Douglasville car wreck: What do I do?

March 28, 2008 - Question:  What do I do if I'm in an accident?

Answer:

Any one of us can be in an automobile accident. Therefore, it is important to know what steps should be taken if you are in an auto accident or witness one, to protect the life, property and the legal rights of those involved. Doing the right thing immediately can save a life or help to avoid legal problems. I have identified these important steps that you should take if you are in an automobile accident:

1. Do not leave the scene.
It is illegal in the State of Georgia to leave the scene of an accident in which you or your car is involved. Even if you feel that the collusion is minor, if you fail to stop you may subject yourself to criminal prosecution. It is therefore imperative to stop your car as soon as possible without bringing further harm to property or to others and to avoid obstructing traffic.

2. Help anyone who is injured.
If someone is injured as a result of an auto accident, remember to call 911 immediately. The 911 operator can help you dispatch the ambulance and police to the scene immediately. It is important to try to know your street location so that you can inform the operator right away. Please remember to only assist those who are injured if you are a qualified medical professional. Remember to call 911 immediately so that they can dispatch the police. Law Enforcement officers are specially trained to deal with accident scenes.

3. Get the name of the driver of the other vehicle.
Try to get the name, address, and phone number of the other driver(s). Ask for his/her driver's license and, if possible, find the name of the insurance company and the policy number covering the other vehicle. The police are trained to obtain this information and provide it in an accident report; however, at times police can be delayed to the scene of your accident and, if the other driver does leave, you will have at least obtained his/her name, type of vehicle, and license plate number.

4. Get the names of the witnesses at the scene of the accident.
Get the name's, addresses, and phone numbers of all individuals that witnessed the accident. It is a good idea to have a note pad and a pen or a pencil with you in your vehicle at all times. You should ask any witnesses who witnessed the accident to write a description of the accident, immediately at the scene. This can be critical later if you need to ask the witness to testify about how the accident occurred especially if there is a dispute as to liability.

5. Make your own notes of the scene of the accident.
As we all know, over time, memories fade. Memories of how dramatic events have occurred can even fade over time. It is therefore imperative that you write down specific details about how your accident occurred. Also note the position of both of the vehicles before and after the accident, and try to measure the distance of the skid marks at the scene of the accident. It will help you later to describe where in the road the cars collided. I always recommend carrying a camera in your glove compartment to help preserve the scene of the accident; take photographs of the skid marks that show the physical evidence of damage to your vehicle and the other vehicles as well.

6.Keep Quiet
It is better to say too little as opposed to too much at the scene of an auto accident. Make notes and keep the information to yourself. Don't admit that you did anything wrong even if you believe that you may have caused the accident. You may later learn that the other driver was equally at fault. Remember your emotions are riding high at the scene of the accident; you may say or admit things, such as being responsible or causing the accident even if you have not. If it is later determined after the investigation by the officer involved that you were in the wrong, that is a better time to admit fault.

7. When is it ok to leave the scene of the accident?
Remember:  do not leave the scene of the accident until you have assisted others who are injured, have called the police and given a statement, and obtained the name, address, and license of the vehicle and phone number of the other driver.

8. See a Medical Professional
Remember that you can be seriously injured as a result of an automobile accident, and your injuries are not always readily apparent. You should see a medical professional immediately and make sure that the others in your vehicle do so as well.

9. Contact your insurance representative right away and send them written notice of the accident.
A notice should contain information concerning the time, date and location, including the circumstances in the accident. If you do not notify your insurance company right away, it may be grounds for the insurance company to avoid any coverage on your accident. Remember to contact your insurance company immediately.

10. What if a claim is made?
Refer anyone making a claim or filling suit against you to your insurance company. Do not make any payments or promises to make payments to anyone making a claim against you. Provide any papers served on you to your insurance company right away. If your insurance coverage is not sufficient to cover the claim filed against you, you should contact your own attorney right away.

11. Your Insurance Company.
Your auto insurance policy may have provisions for payment for medical expenses for those who are injured, irrespective of who's at fault. If you're making a claim of property damage or personal injury, before you settle you should consult with an attorney to determine whether the settlement is fair.

12. Injuries.
If another person driving a vehicle causes you injuries as a result of the accident, you may sue him/her for medical expenses, lost wages, pain and suffering, and other money damages that the law in Georgia allows for. In order to determine the possible value of your personal injury claim, it is advisable to consult with an attorney who handles personal injury cases.

13. Damage to your vehicle.
You can always file the claim for damage to your vehicle under your collision or compressive insurance policy, if you have one. You often have to pay the deductible; however, you can at least have your automobile repaired right away. Your insurance company can seek recovery against the driver of the other automobile that caused the accident to recover for the property damage. Of course, if the other motorist is at fault in the accident, you can recover against him/her for your property damage. Sometimes if it is clear that the other driver is at fault, his/her insurance company may pay for the damage to your property right away. However, it sometimes takes insurance companies quite a while to investigate this type of claim. I therefore advise and recommend that you contact your insurance company immediately and try to have repairs made to your vehicle under your comprehensive or collision insurance. For a free consultation to evaluate your injury claim, please feel free to call us. We can be contacted 24 hours a day, 7 days a week.