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In Case of An Accident

Identify Driver(s) and Witnesses

Obtain the other driver(s) name, address and phone number.  Write down the license plate and registration numbers of the vehicle(s) involved in the accident.  Ask the other driver(s) to show you their license, give you their phone numbers, their insurance company name and policy numbers.  It is also VERY important to obtain the names, phone numbers and addresses of all eye witnesses.  Try to get a written statement from these witnesses as to what happened.

Comments and Statements

Do not discuss the accident with anyone except the investigating police officer, and then, only the basic facts.  People upset by an accident may sometimes mistakenly admit fault.  NEVER admit liability.  If you are at fault, an investigation will provide that information.  If you are not, but you made a unwise statement, it may be misconstrued and brought up against you later.  If it is a serious accident involving injury, you will only want to make statements to your lawyer.

Take Notes and Pictures of the Accident

Make your own written notes on all significant circumstances concerning the accident.  Even crudely drawn sketches can be very helpful.  If you or someone else has a camera at the scene, take pictures to preserve skid marks, the position of the vehicles and other physical evidence that will likely disappear after the accident.

Dealing with the Police

An arrest at the scene does not necessarily indicate civil liability, so do not resist.  An arrest in connection with an accident cannot ordinarily be used later in a suit for damages.  Any statement may be used as an admission, so it is very important to make no statement until you have secured representation from a qualified attorney.

When to leave the Accident Scene

Unless your injuries require otherwise, do not leave the scene of an accident until you have assisted the injured, protected the scene, called police and assisted them, obtained and recorded the information listed above.  Remember that even serious injuries are not always evident at the time of the collison.  See your doctor immediately and advise any of your passengers to do the same.

Insurance Reports and Notifications

You should immediately notify your insurance representative and document this notification.  Failure to notify your insurance company may constitute grounds for your insurance company to deny coverage for your accident.  Do not give a statement to anyone without first consulting your lawyer.

Claims Made Against You

Refer all claims against you to your insurance company.  Do not pay or promise to pay any claimant.  Immediately forward all papers on to your insurance company

Claims Made By You

Your insurance policy may also include provisions for payments to you and passengers for medical expenses regardless of who is at fault.  If you suffer personal injuries and damage from another's negligence you have legal rights to recover money for these losses.  An attorney is best equipped to advise you as to your legal rights to recover a fair and reasonable settlement.  Protect your legal rights and seek competent legal advice

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