How To Handle A Collision

The increasing number of motor vehicles using our crowded roadways has resulted in more accidents and greater risks behind the wheel. Drivers with long commutes in heavy traffic are often tired, frustrated and in a rush. Under current trends, the probability of the average person being involved in a collision will continue to rise.

You can limit your exposure to the threat of a collision by following all traffic regulations and using defensive driving skills. Additionally, the use of safety belts and the proper adjustment of your head restraint on your seat to a position directly behind your head may reduce injuries.

But unfortunately, you must be prepared for an accident.

Immediate Reaction

The daily routine of safely driving your car quickly evaporates when another person acts carelessly and involves you in an accident. Suddenly, you lose control of the wheel and hear a loud smashing sound as you are hit. Your body is thrown around the inside chamber and when the collision is over, you may experience immediate pain and disorientation.

Initially, you must attend to your own body. Use common sense in assessing your injuries. If you cannot move, do not try to move. In most circumstances, an ambulance will arrive quickly with medical personnel to attend to your condition.

If you are able to leave your car, make sure you first observe the entire scene. You may be in the middle of an intersection or other dangerous area where leaving your car would put you at additional risk. Take a moment to calm yourself. Before you open your door, have a general idea of where you want to go.

Legal Responsibilities at Scene

You must stop when you are involved in any accident. Failure to stop and provide your insurance information is a criminal offense. You should offer assistance to any injured persons. Do not move anyone who is badly injured unless there is danger for greater injury by leaving the person in place. If needed, call 911 and ask for an ambulance.

Both drivers must identify themselves to each other. Copy down information on the other driver's license, vehicle tag number, vehicle registration and insurance. The forms in this booklet will aid you in getting complete information.

If you are at fault, or contributed to a collision, your rights are very limited. However, determination of legal responsibilities should be made by an experienced attorney. Even if you are at fault, you must act to protect yourself by obtaining this information at the outset.

Using This Booklet to Gather Information

You must do your best to collect evidence at the accident scene, and preserve it. It is extremely important that a permanent record be established describing the circumstances of the collision. Photographs are a valuable addition to this file. Carry a disposable camera in your glove compartment to take photographs of the vehicles and the scene. Remember, you cannot take too many photographs.

If possible, do not move your vehicle until a record of the accident has been made. Protect the scene, and help reroute traffic around the accident. Try to warn approaching motorists with flares, hazard lights, raising the hood of your car, etc.

Encourage all drivers, passengers, pedestrians and other witnesses to remain at the scene until the arrival of the police. If they insist on leaving, write down their names, addresses, phone numbers, license plate numbers and an account of what they saw. Your attorney should contact these witnesses to obtain signed statements of their observations.

Using the drawings on page __, make a diagram of the accident, showing the positions of the cars before, during and after impact. Measure skid marks, note the positions of traffic lights and street signs, estimate the respective driving speeds, and record details of both the weather and road conditions.

Calling the Police

Every effort should be made to request the police. A police officer will investigate the circumstances of a collision and produce a written report. This report will be of great importance in assessing responsibility. Failing to obtain a report may lead to the denial of your claim by your insurance company. A police report is also required for an uninsured motorist claim.

If you do not have access to a cellular telephone, direct a witness to call 911 for assistance. Upon arrival of the police, you should cooperate in their investigation. Tell all facts to the officer. Do not assume that the other driver and witnesses will agree with your version of events. If you fail to discuss your observations with the police officer at the scene, you may not get a fair evaluation of who is responsible for the accident.

If you receive a citation, you must sign it. This is not an admission of guilt. Before the police officer leaves, obtain his/her badge number along with the report number of this incident. Typically, the police will not prepare an incident report if there is no property damage or complaints of injury.

Dealing with the Question of Who Is At Fault

Whatever your perceptions of the accident may be at the time, do not admit to any fault. Discussion of the events with others at the scene may be misunderstood. Accidents are complicated, and you may need to look at the evidence before completely understanding the sequence of events. Aside from the police citation, do not sign any piece of paper or agree to pay for damages.

Care For Your Injuries

If you are experiencing any physical problems in the hours after the accident, it is recommended that you seek immediate medical attention. You should comply with the instructions of the ambulance crew at the scene. If no ambulance attends to your situation, consult with nearest emergency room of a hospital or physician. Obtaining care as soon as possible will improve your chances of a good physical recovery. Additionally, establishing a written record of your injuries and treatment, will minimize legal/insurance questions concerning the extent of your damages.

Contacting Insurance Companies

There are essentially two different claims that arise in the event of a collision. You have a claim with the insurance carrier of the vehicle you were operating or as a passenger. Secondly, you have a claim against the insurance carrier of the person at fault. Before contacting any insurance company, you should discuss your situation with the Law Office of Frank A. Kirsh L.L.C.. We will help you act as an informed consumer in your transactions with these companies.

You need to be aware of techniques that insurers use to reduce your claim. Insurance company employees are trained to limit claims. For example, insurance adjusters often ask drivers to provide recorded statements over the phone. In these conversations, they may encourage you to make statements that suggest you contributed to the collision or the extent of your injuries are minimal. Similarly, they may send you a check for damages before your case is closed which, through your endorsement, could waive important rights. Therefore, to protect yourself, all communication with insurance carriers should be through your attorney.

Your Insurer's Perspective

All drivers in the U.S. are required to maintain insurance coverage on their vehicles. Failure to comply with this mandate is a crime. Thus insurance carriers have a captive audience of millions of premium-paying drivers who are forced to buy car insurance. As a consumer of insurance, you need to know your legal rights so that you can obtain all the benefits of insurance that you are entitled to.

An insurance company, despite friendly appearances, is not looking out for you. An insurance company is in the business of making money for its shareholders. It succeeds by denying your claims, offering low settlements, and directing its own legal staff to minimize the cost of dealing with your auto accident.

When you bring in your own attorney, you strengthen your hand and balance the scales of justice. You also provide your insurer with an incentive to pay everything he is required to pay under law, quickly and without appeals.

Your Free Consultation with Our Law Office

If you have any questions about the accident, you should contact The Law Office of Frank A. Kirsh L.L.C. at (301)340-1049 or toll free at (800)309-4878 for a free consultation. We will advise you on how to best proceed with your claim, and caution you in areas which may affect your rights. When you retain our firm, you will not be committing yourself to out-of-pocket payment of our fees. We are paid on a contingency basis. This means that we receive one-third of your settlement.

Accident Readiness Supplies for Your Car

• Flares
• Waterproof matches
• Flashlight with batteries
• Tape measure
• Disposable camera
• Pens
• First aid kit