You were just in a car accident: What do you do?

In previous blogs I have talked about what to do after a car accident: medical attention, hire an attorney, get care for your children, etc.  Today we are going to talk about immediately after the car wreck:

1. First and foremost:  DO NOT ADMIT BLAME!!  Saying you are sorry, saying I didn't see the stop sign, saying you were running late:  to the insurance companies these types of comments can be construed as admittance of blame.  Without sounding rude:  SHUT UP!  
2. Emergency kit:  Please have one in your vehicle BEFORE the accident.  It should contain:  emergency cones (big ones are better but who has the room...so purchase the small ones if you don't), emergency triangles, emergency flares, flashlight (remember to check the batteries), a list of ALL medications you are currently taking, a list of all allergies you have, a notebook and pen to take notes, a list of all your emergency contacts including phone numbers to them, police and fire department (in your area) and if you don't have a cell phone that takes pictures have a camera available (disposable one's work great).  If you have any medical conditions; heart problems, asthma, back or neck injuries, high/low blood pressure, etc. put them on the list.  For example:  I have extremely low blood pressure and extremely low pulse and all medical personnel need to know this at my pulse is normally 30 beats per minute and if it is 70 there is a problem but  70 beats per minute does not constitute a problem in most people.  If my blood pressure is 120/80 (normal) that is a problem for me as my normal blood pressure is 80/50.  
3. Safety FIRST:  Move away from all traffic, if you can mover your vehicle out of the way of traffic do so.  If you cannot use your emergency kit to warn oncoming traffic you are there.  Don't forget your hazard lights!!  It is human nature to try and save someone who is in need, DO NOT DO THIS IF IT RISKS YOUR LIFE!!
4. Exchange Information:  Grab your notebook from your emergency kit:  Here's the information you will need to receive and provide the other driver: Name, address, phone number, driver's license number, insurance company and policy number (note: if the name of the insured is different than the driver you need the relationship of the driver and the insured's name, address and phone number).  
5. Notes needed:  Description of the accident, other vehicle; make, model, year, color, etc., damages done to either vehicle, license plate number, and location of accident.  If there were witnesses to the accident you will want their information; name, address, phone number, etc.  THESE ARE YOUR NOTES!!  Do not show them to anyone; police, other driver, etc.  These notes will be helpful when you speak to an attorney.
6. Be polite but as I mentioned earlier:  DON'T SAY ANYTHING!!  This needed to be repeated.
7. Take pictures:  Take pictures of the accident and the damage.  It is important to take pictures of the entire car(s) so additional damage cannot be claimed later.  Example:  If you were rear ended you need pictures of their front end and your rear end, obviously, but walk around all vehicles involved and snap pictures.  I also suggest making notes as you take pictures; 1st picture: my vehicle, rear passenger side where other vehicle hit me.  2nd picture: John Smith's vehicle, front drivers side where he hit me.  It may seem like a lot to do....but you will be glad you did and so will your attorney.....besides what else are you going to do while waiting for the police.
8. File an accident report:  Be aware of how your area responds to accidents as some will not send police officers to the scene of an accident unless there were injuries.  If this is the case contact your local police or sheriff department to file one afterwards as a police report will often speed up the insurance claim.
9. Know what your insurance policy:  It's good to know this BEFORE a car accident!  What does it cover, what is the deductible, etc.  Some people would prefer to pay out of pocket than report to their insurance so know what you and the other party(s) are going to do.  (If it is decided that the damages will be paid for out of pocket you will be glad of all the notes, pictures and police report should they try to get out of it.  Keep in mind should you choose the pay out of pocket option you may have injuries that appear days, even weeks, after the accident that will need to be addressed.  If this happens you will be glad you have your notes, pictures and police reports as the responsible party may then choose to turn a claim into the insurance company or your attorney may recommend it.  I recommend you always report it to your insurance company so they know what is going on.  If the amount of damages is below a certain amount it won't be "chargeable" to your policy so you don't need to worry about an increase in premiums.  Another reason you want to notify your insurance company is you never know if the other driver(s) will "change their mind" and report it to their insurance company.  This also avoids your insurance company paying that person for injuries that may or not be sustained or pulling you into a lawsuit.
10. Contact an attorney:  No matter what, it is a good idea to know what your legal rights are and what could happen given the circumstances.  Most Personal Injury Attorneys do not charge a consultation fee so make an appointment, get the facts and KNOW YOUR RIGHTS!!!

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