what to do if you are in an accident

Ensure Safety First

• Check for Injuries: Immediately check yourself and others involved for injuries. If anyone is hurt, call 911 right away.
• Move to a Safe Location: If possible and if the vehicle is operational, move your vehicle to the side of the road to avoid blocking traffic or further accidents. Turn on your hazard lights to alert other drivers.
• Stay at the Scene: Never leave the scene of an accident, even if it’s minor. Leaving could result in legal consequences, including charges of hit-and-run.

2. Call the Authorities

• Contact the Police: In California (and most other states), you are required to report accidents that result in injuries, death, or property damage. Dial 911 and request police assistance.
• Wait for Police: Even if the accident seems minor, it’s important to have a police report for insurance and legal purposes. The officer will document the scene, interview witnesses, and prepare an accident report.
• Get the Report Number: Once the police complete their report, ask for the report number or a copy of the incident report for your records.

3. Exchange Information

• Gather Details from All Parties Involved:
  • Full name, address, phone number, and driver’s license number
  • License plate number and vehicle make/model
  • Insurance company and policy number
  • Contact information for any witnesses
• Avoid Admitting Fault: Do not admit fault or apologize at the scene, as this could be used against you later in legal proceedings. Simply exchange the necessary information and let the police and insurance companies determine fault.

4. Document the Accident

• Take Photos: Use your phone or camera to take detailed photos of:
  • The scene of the accident (including traffic signs, signals, and road conditions)
  • Damage to all vehicles involved
  • Any visible injuries
  • Skid marks or other physical evidence (if applicable)
• Write Down Details: Note the time, date, and location of the accident. Also, record any specific circumstances (weather, traffic conditions, etc.) that may have contributed to the accident.

5. Notify Your Insurance Company

• Contact Your Insurer: Call your insurance company as soon as possible after the accident (or within the timeframe required by your policy). Provide them with the accident details, including the police report number if available.
• File a Claim: Work with your insurance company to file a claim for damages. Be honest and accurate about the incident, and cooperate fully with your insurer’s investigation.
• Understand Your Coverage: Review your insurance policy to understand what’s covered. If you have comprehensive or collision coverage, this will likely cover damage to your vehicle, regardless of fault.

6. Seek Medical Attention

• Get Checked Even if You Feel Fine: Injuries from accidents, especially whiplash, back pain, or internal injuries, may not be immediately apparent. See a doctor after the accident, even if you don’t feel any pain at the moment.
• Document Medical Treatment: Keep records of all medical treatments, diagnoses, and prescriptions related to the accident for potential insurance claims or legal actions.

7. Avoid Speculating About Fault

• Do Not Discuss Liability: Don’t speculate or argue about who is at fault at the scene of the accident. The police will investigate the accident and assign fault based on their findings and evidence.
• Cooperate with Authorities: Be truthful and cooperative with the police, but avoid admitting fault or making statements that could imply liability.

8. Notify Your Attorney (If Necessary)

• Consult with a Lawyer: If the accident involves significant injuries, property damage, or potential legal consequences (like a lawsuit), it’s wise to consult an attorney. A lawyer can guide you through the claims process and protect your interests.
• Work with an Attorney for Serious Injuries: If you’re seriously injured or involved in a dispute about fault, an attorney can help you navigate insurance claims and potential litigation.

9. Follow Up on Your Claim

• Track Progress: Keep in touch with your insurance company to follow up on the status of your claim. Make sure all necessary repairs are authorized and medical bills are being processed.
• Seek Compensation for Injuries: If you sustained injuries, keep records of your medical treatments and any lost wages. Your insurer or lawyer may help you pursue compensation for your injuries, lost income, pain and suffering, and other damages.

10. Repair Your Vehicle

• Get an Estimate: If your vehicle is damaged, get a repair estimate from a licensed auto shop. Many insurance companies will work with preferred repair shops, but you are generally free to choose where you want the repairs done.
• Rental Car: If your car is undriveable, ask your insurer if they will cover a rental car during repairs.

11. Be Aware of Your Rights

• Insurance Coverage: Make sure you understand your policy and know what is covered. In California, if the other driver is at fault and is uninsured or underinsured, you may be able to claim damages through your own uninsured/underinsured motorist coverage.
• Statute of Limitations: Be aware that there is a statute of limitations for filing lawsuits related to accidents, typically two years in California. If you plan to pursue legal action, make sure you act within that time frame.

Additional Tips:

• If You’re in a Multi-Vehicle Accident: Get the contact details of all involved parties, including passengers and witnesses.
• Do Not Settle Immediately: Be cautious about accepting settlement offers from the other driver’s insurance company right after the accident. It’s often a good idea to speak to an attorney before accepting any offer.
• Stay Organized: Keep a file with all relevant documents related to the accident, including police reports, medical records, photos, repair invoices, and correspondence with your insurance company.

Following these steps will help you handle the aftermath of an accident more effectively and protect your rights as you work through the claims or legal process.