Before you get in a car accident – and while we all hope that will never happen to us, the reality is that most of us are likely to experience at least a minor fender bender once in life – it’s very helpful to learn what to do. Adrenaline will be coursing through your body as soon as the accident takes place, so being aware of the right steps in advance will make a big difference. Here’s some advice from a car accident attorney in Lake of the Ozarks on how to be prepared for those important steps.
Make sure that you and everyone involved is OK, including your own passengers, the driver of the other vehicle, any of their passengers, any cyclist or pedestrians who might have been nearby, and any pets. If anyone has sustained any serious injury, call 911 and ask for an ambulance immediately. If somebody has been badly injured, do not attempt to move them unless there is an immediate danger to their life, such as a car fire.
If the accident is relatively minor and you and your passengers are not badly injured in any immediately noticeable way, move your car out of the road but into a place that is well lit and public. You want to be especially careful here if you have any suspicion that you might be the victim of a staged accident. Staged accidents are sometimes planned by criminals to get people out of their vehicles to rob them, steal the car, or even kidnap a driver or passenger.
99.9% of the time, you should stay with your vehicle and at the scene of the accident until the police arrive, but if you have genuine reason to fear that the other party presents an immediate physical danger to you, stay in your car, and, if they come to your car and threaten you aggressively, drive away to the first safe place and call 911. Be sure to explain to the 911 operator why you left the scene of the accident so that’s on the record.
Technically, if no one has been injured and there is no damage to the vehicles, under Missouri law you are not required to call the police or file a report. However, it is almost always in your best interest to do so. The adrenaline from the accident can sometimes mask injuries that will manifest later, and if you have not called the police, you have no official record of the incident.
Additionally, vehicles can sustain damage that is not visible on quick inspection. If there is an issue with the frame or suspension, this may not become clear until after the other driver has already pulled away. It’s always a good idea to call the police.
If both you and the other driver are in good enough physical shape to do so, come together to exchange important information like names, insurance information, address, and phone number. Also make a note of their license plate and the make and model of their car, and they will do the same with yours.
If the accident was caused by road rage, or if the other driver is belligerent and aggressive, skip this step. Just stay in your vehicle and wait for the police. As you talk to the other driver, be polite and kind, but be careful not to admit fault in any way. You can commiserate with their pain, but do not say that you are sorry in any way. Anything that you say at this point, the other driver may latch onto and try to use to accuse you of fault.
Again, you should only do this if you are well enough. If you are, take some photographs of the scene. Be sure to get a photograph of all injuries, both vehicles and their positioning relative to each other, any skid marks or debris from the vehicles in the road, and pictures that capture the weather conditions. Be sure to get both close-up pictures and also some panoramic shots that show the larger scene. If something within your vehicle was damaged, like a laptop computer, get a picture of that as well.
If anyone saw the accident and has stopped, be sure to get their information if you are able and they are willing to give it to you. As always, be polite and recognize they would be doing you a kindness to take time from their schedule to be involved in your case. Treat them with respect and be sure to pass this information on to your lawyer right away.
When the police arrive, talk to them about what happened and stick to the facts. Do not speculate about anything you did not see firsthand, don’t guess at what was going on in the other car or the other person’s head, and don’t speculate about fault.
Obviously, if you were badly injured, you’ll have gone to the hospital pretty quickly. But even if you feel well enough to wait around for the police and gather information from the other driver, it’s a good idea to go to urgent care at least once you leave the scene. Let them know you’ve been in a car accident so they know what to check, as there are some common injuries that tend to manifest after car accidents, which they will know to look for.
There are two important reasons to do this. The first is that some injuries don’t show their symptoms right away (such as internal bleeding), and the pain of some injuries can be masked by adrenaline. The second is that you will need medical records if you are going to link your injuries to the accident when you bring a claim. If you wait too long to see a doctor, the other side may successfully call into question whether your injuries have anything to do with the accident.
You need to contact both your own insurance company and the insurance company of the other driver as soon as possible to report the accident. Give them the facts of what happened and be cooperative and polite, but again, do not speculate about fault, say anything that could be an admission of fault, and if they start pushing with too many questions, refer them to your lawyer.
You can only refer an insurance adjuster to your lawyer if you have one, so contact an experienced car accident attorney right away. Your attorney will be able to protect you from the insurance company and negotiate on your behalf, help you calculate how much your claim should be worth, and will take it to court if necessary and if the insurance company refuses to offer a reasonable settlement.
For experienced help after a car accident in Missouri, contact the Wendt Law Firm P.C. today for a free case evaluation.