WHAT SHOULD I DO IF I AM INVOLVED IN AN AUTO ACCIDENT?

If you are involved in an auto accident, first make sure that everyone is out of danger and the police have been called.

The following is a checklist of information you should try to obtain. Please note that if the police are called and write a report, the items marked with an "*" should be contained in the police report and you can concentrate on the other items. Write everything down that you can.

AT THE SCENE:

Names, addresses, insurance companies, and driver's license numbers of the drivers of the vehicles involved. If the driver is not the owner of the vehicle, obtain the owner's name and address as well. *

Names, addresses of passengers, witnesses, or others at scene of accident. *

Date, time and location of the accident. *

Weather and road conditions at the time of the accident. *

How did the accident occur? *

Note the location and extent of any damage to the vehicles as a result of the accident *

Did any of the vehicles need to be towed from the scene of the accident? *
If so, note the name of the towing company.

Note the location and extent of any damage or problem with a vehicle that was there before the accident, such as a broken headlight, etc.

Did any driver appear to be under the influence of alcohol or drugs? If so, explain what you and others observed to come to that conclusion.

Did any person involved in the accident report any personal injury shortly after the accident, or specifically state that they were not hurt?

Did anyone accept responsibility for the accident, such as by saying "It was my fault, I am sorry. I was speeding / not paying attention / not wearing my glasses / distracted / in a hurry . etc."? If so, write it down.

WITHIN THE NEXT FEW DAYS:

Take photographs - a picture speaks a thousand words. Write down the date the photographs are taken and the name and address of the photographer. Photographs generally turn out best when taken without a flash on a well lit, overcast day without direct sunlight. Take photographs of the following:

vehicles involved in the collision
any bruises, cuts, or other injuries that can be seen on the injured person
photographs of the area - if there is any possibility that road or other accident scene conditions may have contributed to the collision, these should be taken immediately.

You may also want to take video tape recording of the injured person.

Contact your insurance company to advise them of the collision. If you have medical payment coverage on your insurance policy, find out the name and address where medical bills should be sent. Advise your hospital / clinic billing departments that medical treatment is related to an accident and provide them with your insurance company's contact information so that they can bill them directly.

Keep a detailed journal that includes how you are feeling, notes things that you attempted but couldn't do, doctors' appointments, dates you were unable to work, etc.

WHAT SHOULD I NOT DO?

It is likely that an insurance adjustor will contact you shortly after the accident. If this happens, you may speak with him or her if you feel comfortable doing so, but make sure that you answer accurately. Don't fall into the trap of committing to exact time periods. For example, a person might state that five seconds occurred between when he knew a collision was impending and when he reacted, thinking that is an extremely short amount of time. However, when you watch five seconds tick off on your watch, you see that it is actually quite a long time when you are talking about reaction times.

SHOULD I PAY DOCTORS' BILLS?

When you submit to a medical facility for treatment, they expect payment regardless of why you are there. You should submit medical bills to your auto insurance company (if you have medical payment coverage) and your health insurance company, but the ultimate responsibility for payment is yours. Some health care providers will delay collection if you explain to their billing department that you were injured and provide them with the name of your attorney. However, if they will not, you should make payment arrangements to preserve your good credit rating.

AM I PARTIALLY AT FAULT JUST FOR BEING THERE?

Some insurance companies may tell you that you are some percentage at fault simply because you were on the roadway at the time of the accident, and use this argument to justify paying less than the claim is worth. Don't fall for this trick. Although at time a collision is caused by more than one person, you are never automatically assigned some fault just for being there.

DO I NEED AN ATTORNEY?

It depends. If you were injured in the collision you may want to at least discuss your claim with an attorney. Be especially wary where an insurance company is pressuring you to settle or where they are advising you that you do not need an attorney. Remember, most insurance companies have attorneys working for them, you should consider having one on your side as well.

WHAT DOES IT COST TO HIRE AN ATTORNEY?

Nothing - unless you receive a settlement or jury award. Personal injury matters are normally taken on a contingency fee basis. First consultations are free. If the attorney agrees to take your case, you do not pay anything up front. The attorney pays forwards the costs incurred to investigate and prove your case. Upon settlement of your case, the attorney is then reimbursed for his out of pocket costs, and the remaining balance of the settlement is divided upon a percentage basis. Normally the attorney receives 1/3 in fees if the injured party is an adult, or 1/4 if he or she is a child.