Many newspapers feature a regular column on automotive and traffic issues, with discussions of road conditions, accident-prone areas, morning commute times, and the dismal state of our roadways and bridges. But I have yet to read advice to motorists on what to do if they’re involved in a car accident.
Motor vehicle mishaps can leave the most level-headed driver stunned. But even in the confusion of a collision, drivers must remember a cardinal rule: Never leave the scene of an accident. This rule applies whether the accident results in property damage only or in personal injury as well. If you’re found guilty of leaving the scene of an accident without notifying the local authorities and waiting for their arrival, in many jurisdictions you will receive serious fines and points on your license, so don’t leave until the police release you from the scene.
I advise my clients not to move their vehicles from the site of the accident until the police arrive, but you must use your judgment if that involves, say, tying up an entire highway lane for the sake of a fender bender. While the police are enroute, try to ascertain the “make up” of the accident, i.e., the location and direction of the vehicles before the accident and where they came to a stop. This is the time to make real use of the camera in your cell phone; if your phone doesn’t have a camera, buy a disposable and keep it in your glove compartment. Take as many pictures as you need to make sure you’ve captured an accurate depiction of the position of the vehicles at the time of impact. Also take some photos of the points of impact on the cars, making sure you can identify the front and back of the car, the license plates, and the physical backdrop to the accident.
After you’ve taken photos, get the name and drivers license information of the other driver. But resist the temptation to discuss the accident with him or her, as such communication may work against you in the future. Locate your registration and insurance information, and have it ready for the police. When they arrive, record the officers’ names and station information. The police will generate a report of the accident, a copy of which you can obtain a few days later. If you were not at fault, make sure you tell the police officer your version of the accident. If you believe that the accident was your fault, try not to discuss it at the scene, since a statement to the police may not even be required in this situation.
Common wisdom dictates that you need not report the incident to your insurance company if the accident was your fault and you offered to pay for the damages out of your own pocket. This is incorrect! I cannot emphasize enough that you must always report an accident, even a minor “fender bender” and even if you are not planning to claim damages to your vehicle (because you intend to pay for it yourself or the vehicle suffered no damage). Although this advice may seem counterintuitive, if you fail to report the accident, and the adverse party commences a suit against you, then your insurance company may not pay for your defense costs or indemnify for payments made to the other party under the liability portion of your policy. This experience can prove both unpleasant and costly. So, I repeat, if you are involved in any kind of motor vehicle accident, report it to your insurance company immediately. When in doubt, consult with your attorney.
Drive carefully!
Jan Meyer is the founding member of the Law Offices of Jan Meyer and Associates, PC (www.janmeyerlaw.com), a full-service law firm engaged in personal injury litigation, civil and commercial litigation, corporate law and real estate law.
By Jan Meyer, Esq.
