Initial Steps to Take After an Auto Accident

Auto accidents can be very traumatic and, certainly, if you are injured, do not get out of the car! If, however, you are not injured and can pull over to a safe spot and get out of the car easily and carefully, there are some steps you should take at the scene of the accident, to prepare to make your insurance claim. This will ensure that you have complete documentation regarding the accident for later on. At the scene, if the other driver is able, get all of his or her personal information (name, address, phone number, driver’s license number) and insurance information (name of insurance company and policy number). Write down the make and model of the other vehicle, the color, the license plate number and the vehicle identification number (VIN) if possible. If you have a cell phone with a camera, take pictures of the other vehicle including the license plate and all the damage. Take pictures of your own car, as well. If a police officer comes to the scene, talk to him or her and find out when the report will be ready and how to obtain it. Get the officer’s name and contact information. Do not accept responsibility for the accident even if it was your fault. The other driver may have been partially responsible, as well.

When you get home

Within 24 hours, if possible, you should report the accident to your insurance company, the other driver’s insurance company, or both. A claims adjuster will then contact you. This is the individual who will get all of the information from you about your accident, determine if there is coverage under your policy (if it is your insurer) or the other driver’s policy, gather the facts, do the investigation to determine who was at fault, decide on the value of your claim, and, if everything goes as planned, pay you for your damages. It’s not a complicated process, but if you’ve never gone through it before, there are some important things you need to know.

Whether you are dealing with your insurance company’s adjuster or the other driver’s, many of the questions asked and documents requested will be the same. They will want to know what happened, the people and vehicles involved, what was damaged, and if anyone was injured. They’ll want photos taken of your vehicle and an estimate for the damages, a copy of the police report if there is one, and contact information for any witnesses.

Some of the questions both insurance company adjusters will ask are:

* State what happened in the accident.
* Where did it occur?
* Who was driving?
* Any passengers in the vehicle? Names/contact information/ages.
* Was a policeman called to the scene? Did the officer prepare a report?
* What vehicles were involved? Makes, Models, years, colors, registered owners.
* Were the vehicles damaged? What parts? Were the cars drivable?
* Was anyone injured? Did anyone leave by ambulance?
* Any witnesses? Contact information.
* Does the other party have insurance? Insurance company name and contact information.

Beyond these questions, there are some differences between not just what the insurance company will ask, but the attitude they take depending on whether it is your own insurance company or the other driver’s. Of course your own insurance adjuster will want to know if you were injured and will ask for details of your injury and treatment, but they are only responsible under your policy for paying your medical bills up to your policy limits. They do not, however, pay for your lost wages, or your pain and suffering unless you live in a no-fault state.

If, however, you are talking to the other driver’s insurance company, their job is to keep your claim as small as possible. Why? If their insured was at fault for the accident, they may be responsible for paying not just for your medical bills and the damage to your vehicle, but your lost wages, other expenses you incurred or will incur in the future, and general damages which include your pain and suffering. Since they could be on the hook for a lot more money than your own insurance, you may find some skepticism when being questioned and you have to be careful. They may try to get you to state that you have no injury, or they may try to minimize your injury claim, and get you to sign a Release and Waiver before you know how serious your injury really is. If you sustained more than just a minor injury, you may want to speak to an attorney before talking to the other driver’s insurer so you avoid saying or signing the wrong thing which could hurt your chances of making an injury claim or getting paid what you deserve down the road.

Some additional questions the other driver’s insurer may ask:

* What part of your body was injured?
* Have you had any injuries or treatment to that body part ever before?
* When was the last time you were treated for an injury to that body part?
* What was your doctor’s diagnosis at that time?

Be careful when answering this line of questioning. Suppose your lower back was injured in the accident. Most people have had some back problems at some point in their lives. If you tell them that 10 years ago you injured your back at work, even if it’s been fine for the last 9 years, they may try to say this was just an aggravation of the old injury and assign it less value. This is why talking to an attorney first may be your best bet to protect your rights, and be certain you will get a fair settlement.