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INTRODUCTION
Auto accidents can happen to anyone. You can protect your legal
rights by doing the right thing after an accident occurs. This pamphlet
summarizes some of the steps you should take if you are involved
in an accident. The pamphlet also contains an Accident Information
Form that you can keep in your car to record information if you
are involved in an accident. Consult A Legal Center right away if
you are involved in an accident that involves personal injuries
or serious property damage.
STOPPING YOUR CAR
If your car is involved in an accident and you don’t stop,
you may be subject to criminal prosecution. Leave your car as close
as possible to the place of impact without obstructing traffic.
After stopping, remain at the scene of the accident to aid the injured,
protect the scene, report to the police, and gather information.
AIDING THE INJURED
If someone is injured, give first aid if you are qualified and call
for an ambulance. Remember to note the location of the accident
before you call for an ambulance. Tell the ambulance dispatcher
the name and number of the street as well as the direction in which
the cars were traveling at the time of the accident.
PROTECTING THE SCENE
Protect the scene of the accident to avoid additional collisions.
Do not allow your car to obstruct the road if it can be moved. Warn
approaching cars by raising the hood of your car and using your
car’s hazard warning lights. In addition, for nighttime accidents,
place flares or reflectors on the road.
CALLING THE POLICE
Call the police, particularly if someone has been injured. A police
report of the accident will help your insurance claim and any liability
claims. Ask the officer how to get a copy of the accident report
and note the officer’s name and badge number. If you receive
a traffic ticket, it does not mean you are guilty of a traffic offense
or that you are responsible for the accident. Be aware that you
may hurt your claim for damages from the other driver if you plead
guilty. Consult A Legal Center and your insurance agent before pleading
guilty to any traffic offense.
EXCHANGING INFORMATION WITH THE
OTHER DRIVER
Exchange information with the driver of the other car. You should
get the following information:
1. Other drivers – name, address, phone number, driver’s
license number, name of insurance company and policy number.
2. Passengers – name, address and phone number.
3. Witnesses – name, address and phone number.
4. Owner (if not the driver) - name address, phone number, insurance
company and policy number.
Make notes about the time of day, weather conditions,
road conditions, street lights, and length of skid marks. Also make
a diagram of the accident noting the location of the vehicles, cross
walks, stop signs and traffic signals. If you hit a parked car and
can’t find the owner, leave a note with your name, address,
and a summary of the accident.
DO NOT ADMIT RESPONSIBILITY
When you exchange information with the other driver and give facts
to the police, don’t admit responsibility for the accident.
Things that you say can be used against you if there is litigation.
You may think that you were responsible for the accident and later
learn that the other driver caused it or that the other driver was
equally at fault.
TOWING YOUR CAR
Before you allow a tow truck driver to pick up your car, be sure
to ask the driver how much it will cost and tell the driver where
to take your car. Get the name, address and telephone number of
the driver and the towing company.
FILING AN ACCIDENT REPORT
In New York State it is not mandatory to file an accident report
with the New York State Department of Motor Vehicles unless there
is a personal injury or property damage in excess of $1,000. However,
insurance companies in New York State mandate that you must file
an accident report to your insurance company within 72 hours of
the accident. Failure to do so could result in the insurance company
denying your claim.
SEEING YOUR DOCTOR
Both you and your passengers should consider seeing a doctor after
an accident. The doctor may recognize injuries, sometimes serious,
that are not apparent to you. The charges for a doctor visit and
medical treatment may be covered by your insurance. Don’t settle
claims from the accident until your doctor has advised you about
the extent of your injuries.
NOTIFYING YOUR INSURANCE AGENT
Call your insurance agent as soon as possible after an accident.
Your insurance company may have grounds to deny coverage if you
fail to give prompt notice of the accident. Follow up the phone
call with a written notice and save a copy for your files. The written
notice should contain information about the date, time and place
of the accident, with names and addresses of the other drivers,
injured persons, passengers, and witnesses. If you were at fault,
your liability insurance should pay for any injuries or property
damages. If the other driver is at fault but does not have insurance,
your insurance may pay for damages to your car (collision coverage),
your medical expenses (medical payment coverage) and even for your
pain and suffering (if you have uninsured motorist coverage).
NO-FAULT INSURANCE
New York State has “no-fault” insurance laws which require
your insurance carrier to cover your medical expenses and lost wages,
regardless of whether or not you were the cause of the accident.
However, you cannot sue the other party to the accident unless you
have incurred a serious injury. It is very important that you always
consult with an attorney as to your rights after an accident.
CALLING YOUR LAWYER
If you have been involved in an accident, or if you have received
a traffic ticket, A Legal Center can advise you about your rights
and responsibilities. The sooner you call us the better, since witnesses
may forget the details of the accident. A Legal Center can counsel
you on how to respond to questions from insurance adjusters and
help you recover compensation for your personal injuries and damages
to your car.
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