What to Do (and Not Do) After a Car Accident

First Posted: Oct 09, 2019 11:45 PM EDT
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What to Do (and Not Do) After a Car Accident

(Photo : Photo by Inzmam Khan )

No one wants to be involved in a car accident in any capacity, whether as a driver, a passenger, or a witness. 

It can be emotionally difficult, and you also have to think about legal ramifications and medical considerations all at the same time. 

The following are some important things to keep in mind after an accident, and also some of the things you shouldn't do.

Moving Your Vehicle

Many drivers fail to move their vehicles off the road after an accident, and they may be well-intentioned in doing that, but it can still be a mistake. 

There is the theory that you're supposed to leave your vehicle where it is until first responders arrive, but in many states, the opposite is the law.

For example, in Nevada, the law states that if a driver is involved in an accident, they have to move their vehicle out of traffic's path if it's possible to do so safely.

Once your vehicle is out of the way, you can start assessing the situation with the other driver, determining if anyone is injured and contacting authorities. 

Of course, not every situation will allow you to move your vehicle, so that's only the case if you can do so again, safely. 

If you can't move your car somewhere safe, such as to the shoulder of the road, you can turn on your hazards to at least provide other drivers with a warning.

Call the Police and Gather Important Information

Once you've moved your car and called 911 if necessary, you can call the police. The other party may not want you to call the police, but you should.

Then, you can start determining the information you may need to provide, or that you may need from the other driver.

For example, you may need the name and contact information from the other driver, and you can't just count on the name listed on their insurance information because they may be driving someone else's car.

Depending on the state where you live, it can be illegal to leave the scene of an accident, even if it seems like a minor situation.

For example, if you are in an accident in Texas and it involves injury or property damage of any kind, you have to stop your vehicle right away.

It's best to call first responders and then wait at the scene until a police report can be made. 

The police report may be critical in determining fault of an accident.

For example, the police report might include information like the road conditions at the time of the accident and information for witnesses. 

Even when the police come, you might also want to spend time gathering your own information and possible evidence. 

For example, as was touched on above, you might want the names and personal information from people involved and contact information for witnesses. You may also want to take your own photos of the scene. 

The pictures of the scene you might want to take can include pictures of the cars involved, signs, street views, and license plates. 

Don't Admit Fault

When you get into an accident, it can cause a rush of adrenaline, and that may cause you to make small talk or speak out of nervousness.

Sometimes in these cases, you might admit fault, and that can come back to haunt you.

Try to avoid doing that. Of course you don't want to be dishonest, but you also don't want to put yourself at any kind of disadvantage. 

If you do say something like that it was all your fault, insurance companies can use it against you down the road.

What If You Witness an Accident?

What if you aren't directly involved, but you witness an accident?

There are some dos and don'ts here, as well.

First, if you think you need to help someone, you should make sure you park at least 100 feet from the scene because otherwise you could block the path for emergency vehicles. 

If you have flares, you should use them, or you can turn on your hazard lights.

If you believe that there could be injuries or a hazardous situation, keep a safe distance. 

If you witness a car accident, never assume someone else already called 911. Do it anyway, and then, you can try and speak to people who are hurt. You shouldn't try to move them, but possibly just keep them calm by speaking to them or covering them if they need something warm.

Don't try to treat injuries, and if someone is trapped in a car and it could be a dangerous situation, you may, in that case, want to move them. 

You may feel like you aren't doing much if you encounter a serious car accident, but just by talking to a person and calling 911, you may be doing a lot more than you realize. 

There are Good Samaritan laws in place in many states, and they can vary depending on the specific state. They do offer some liability protection in situations where you might help someone who is in an accident. 

It's a good idea to have a general understanding of what the Good Samaritan laws are in your particular state. They don't just apply to accidents but can also include situations such as overdoses. 

If you do witness an accident directly, make sure that you wait for the police to arrive to provide not only comfort but also information. 

After the Accident

If you were involved in an accident, you've spoken with police, and you've sought medical care if necessary, then it's the time to start dealing with the logistics of insurance.

You should contact your emergency claim number for your insurance company as quickly as possible. 

You might also consider hiring a lawyer, especially if you're in an accident that involves significant property damage or injury. 

Don't ever talk to an opposing insurance company representative without a lawyer. 

Again, no one ever wants to be in an accident of any kind, but knowing how to handle it appropriately can help you in the future. 

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