Volume 17, Number 1 · January 2007

Protecting Yourself After An Accident

by Douglas R. Nolin

At Peacock Keller, we hear regularly from clients who have been involved in auto accidents. Sadly, vital information is often lost and our client's position is made more difficult.

Accidents involving cars or trucks are an unfortunate fact of life. With so many cars and trucks on the road today, and with so many drivers of all ages present on the highways, chances are that you will someday be involved in an accident while driving or traveling in your car or truck. In the midst of confusion, dismay, anger and perhaps even sirens, we believe advance planning can help you deal with the immediate aftermath of the accident. This article will give some ideas of things that need to be done immediately after an accident.

To begin, it is important to distinguish between a reportable and a non-reportable accident. A reportable accident is one that the police will investigate, and for which a written report will be issued. The law requires that anyone involved in an accident immediately report that to the police. The police will only investigate and prepare reports for accidents in which a person is injured or dies, or if there is damage to a vehicle that makes it impossible to be driven under its own power.

Because police often are not involved in nonreportable accidents, it is more important for you to take proper steps immediately following the accident. Perhaps the most important step is that you exchange names, vehicle registration, and insurance information with any other drivers involved in the accident. By law you are required to carry your registration and insurance information in your vehicle. Barring injury, there should be no excuse for failing to exchange information after an accident.

Another important early step is to secure names, addresses, and telephone numbers, of any witnesses to the accident, whether they were pedestrians, other drivers, or passengers in the vehicles involved in the accident. Unfortunately, too often we hear from a client that there was another driver or pedestrian nearby, who perhaps even stopped to help, but no one thought to get his or her name.

The fourth critical step is to make contact with your insurance company. In addition to the legal requirement, you have purchased insurance for two very important reasons. One reason is to pay for your medical expenses and damage to your vehicle. The other reason is for protection should someone decide to sue you. If you fail to promptly advise your insurance company after the accident, your insurance company may deny you coverage for those very important risks. In other words, if you neglect to tell your insurance company, or you decide to repair your car on your own, you may lose protection from your insurance company if the other driver involved in the accident decides to sue you a year or two later.

To maintain your insurance protection, we recommend you call your insurance company within 24 hours of the accident. Your insurance company will also provide guidance on what additional steps need to be taken to get repairs for your car, to seek appropriate medical attention, and to deal with any potential claims from the other drivers involved.

Fifth, if you are injured, get an early diagnosis or assessment of your condition at a hospital or from a qualified physician. Keep in mind that your car insurance provides coverage for medical bills. If you need medical treatment as a result of the accident, it is important that you give your doctor or hospital your car insurance information. If you have other health insurance, for example through your employment, that health insurance is only used after the limits of your car insurance have been exhausted.

Finally, if your accident may have lasting affects, either from injuries or from being sued, contact your Peacock Keller lawyer as early as possible, to begin preparations to make, or defend against a claim.

(Because we believe this information is useful for our readers, we have updated and reprinted this article, which was originally published three years ago.)

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