What do do if I'm in an accident?
Life can get very complicated after a car or truck accident. Questions about injuries, medical bills and insurance, car repairs, talking to the police and filing an insurance claim — not to mention injuries and the adrenaline rush — are enough to leave anyone incapable of making clear decisions. That's why it pays to know what to do if you are involved in a traffic accident. The questions and answers below are only brief insights on what to do after an accident. If you or someone you love has suffered an injury because of an accident, don’t hesitate to contact Lenhart Obenshain PC at (540) 437-3100 or (434) 220-6100 for a FREE CONSULTATION so we can discuss your case.
- If I am in an accident, do I have to stop?
- What do I do first?
- What facts should I gather?
- What other things should I be aware of?
- Should I take pictures of the accident scene?
- If I think the accident is my fault, should I say so?
- What if I get a ticket?
- Do I have to report the accident?
- Should I talk to the other driver’s insurance company?
- Do I need an attorney?
Q. Do I have to stop if I am in an accident?
Yes! No matter whether you have hit a pedestrian, a moving car, a parked car or someone’s property,always stop if you hit something with your car. If you do not, no matter how minor the damage seems to you, you may be guilty of “hit and run” — even if the accident was not your fault. top 
The first thing to do at the crash site is to determine the extent of driver and passenger injuries. If there are any injuries at all, call for medical assistance and the police as soon as possible. Ensuring the health and welfare of everyone injured in the accident is priority number one. The police will advise you whether it's required to move the crashed vehicles from moving traffic, and an investigating officer will take statements of the drivers and passengers involved.
If the accident is a fender bender, emergency medical care might not be necessary. In minor accidents, resist the temptation to simply “settle up” with the other driver on the spot. You may have suffered injuries which do not develop systems until days or even weeks after the accident. top
Q. What facts should I gather?
After everyone is out of danger and any medical and police help have been summoned, obtain the following:
- Drivers’ names of all vehicles involved
- Drivers’ license numbers, addresses and phone numbers
- Drivers’ insurance companies and policy numbers
- License plate number, color, make, year and model of all cars involved
- Name, address and phone number of occupants in any of the vehicles
- Name, address and phone numbers of any pedestrians or other parties involved
- Name, address and phone number of any witnesses to the accident
- Police officer’s name, department and badge number
- Actual location of the accident
Q. What other things should I be aware of?
You should be aware of and record notes about the following:
- If any of the drivers appear to be under the influence of alcohol or drugs, notify the police or other emergency personnel immediately.
- Was medical assistance rendered at the scene of the accident?
- What kind of personal injuries were reported shortly after the accident?
- What time of day did the accident occur?
- What were the weather conditions at the time of the accident?
- Was anything wrong with the vehicles before the accident, such as a broken headlight or brake light?
- Did any damage result to the vehicles because of the accident? What parts of the vehicle were damaged?
- Did any of the vehicles need to be towed from the scene of the accident?
- How did the accident occur?
- Did anyone accept responsibility for the accident, or make any of the following comments?
- I am sorry, It was my fault
- I was speeding
- I was on my cell phone
- I wasn't paying attention
- I wasn’t wearing my glasses
- Something distracted me
- I'm tired
- I was running late for work
- I'm in a hurry
- I should have seen you
- Were any of the drivers involved driving while working or driving a company owned vehicle?
Q. Should I take pictures of the accident scene?
If you have a camera or camera phone, it’s a good idea to take pictures of the scene of the accident and the vehicles. A picture is worth a thousand words. After an accident, a set of pictures of both vehicles can protect you from a claim by the other party. Take shots from multiple angles and locations, as if on the points of a compass, to construct an accurate diagram of the collision.
If you are unable to take photographs, you can contact our office immediately at (540) 437-3100. At Lenhart Obenshain PC, we work with investigators and other experts who often can rush to the scene of any serious accident and preserve and document valuable evidence before it is lost. Even if we are called days after an accident, there still may be marks on the roadway or debris that will help us prove how the accident occurred.top
Q. If I think the accident is my fault, should I say so?
Usually, it is best not to volunteer any opinions about whose fault the accident was. Talk to a lawyer and your insurance company before you take the blame. Anything you say to the police or to the other driver can be used against you later. Don’t agree to pay any damages or sign any papers — except a traffic ticket — until you consult with an attorney. You should, however, cooperate completely with the police.
Don’t plead guilty to anything. Consult with an attorney before you say anything about your guilt or innocence. If the officer gives you a ticket, sign it if you are required to do so. Signing the ticket is not an admission of guilt, merely an acknowledgment that you have received the ticket and that you will appear in court to answer it. If the officer asks you questions, answer them as completely as you can, but stick to the facts. Don’t guess and don’t venture opinions. Above all, don’t argue with the officer. It won’t help, and it could hurt.top
Q. Do I have to report the accident?
Your auto insurance policy requires you to inform your insurer when you've been involved in an accident. As soon as you are able, call your insurer and make an accident report. The other driver's insurer also should be notified of the accident. The insurance companies involved will then begin an investigation of the accident. Sometimes the insurance company will want your authorization to make a recorded statement concerning the accident. We suggest that if you or your passengers were injured in the accident, or if you believe the insurance company might try to claim you are not covered or you have any concerns about the adequacy of your coverage, you should contact an attorney before you go any further, and certainly before you give the insurance company permission to record your onversation.top
Q. Should I talk to the other driver’s insurance company?
In most cases, no. If you give an oral statement to the opposing insurance company, you may regret it. If you are contacted, be polite but decline to talk. Insurance company claims adjusters are professional negotiators with extensive experience in getting you to give them information that can hurt your claim. They may also discourage you from using the professional services of a lawyer.
You should seek the advice of an experienced personal injury attorney, who can determine the best way to proceed with the other driver’s insurance company.
Contact Lenhart Obenshain PC at (540) 437-3100 or (434) 220-6100 for a FREE CONSULTATION so we can discuss your case. top
Hiring a lawyer is not required after you have caused an accident, but there are a times when it is very important to seek experienced legal counsel. If you have been seriously injured in the accident, you'll probably want a lawyer to help keep the lines of communication open between you and the insurance company and to help you receive a fair settlement.
Proving to another driver's insurer that its policyholder caused the accident might require the services of an attorney as well. In order to prove the other driver is at fault, you have to identify the applicable rules of the road; that the other driver disobeyed the rules of the road; that the other driver's disobedience caused the accident; and that the accident injured you; and the extent of your damages and injuries. That might seem simple, but it requires substantial time, research, and knowledge of the law. top
At Lenhart Obenshain PC, we will promptly arrange for an attorney to consult with you free of charge to enable us to immediately take action on your behalf, making sure you get all the compensation you deserve.
Contact Lenhart Obenshain PC toll free at (877)716-6434 for a FREE CONSULTATION so we can discuss your case.