What information should I obtain after an auto accident?

It is important that you seek immediate medical attention if you are seriously injured in an automobile accident. After everyone is out of danger and police help has been summoned, obtain the following:

• The full names of the drivers of the vehicles involved
• The driver's license numbers and addresses of all of the drivers
• If any of the driver's appear to be under the influence of alcohol or drugs, notify police or other emergency personnel immediately
• The full names and addresses of any passengers in any of the vehicles
• The full names and addresses of any pedestrian's or other parties involved
• The full name, address and phone number of any witnesses to the accident.
• Did any person involved in the accident report any personal injury shortly after the accident?
• Was medical assistance rendered at the scene of the accident?
• What personal injury did the injured person report? Did anyone say "I'm not hurt?"
• In what direction were the vehicles traveling just prior to the accident?
• At what time of day did the accident occur?
• What were the weather conditions at the time of the accident?
• Was there anything wrong with the vehicles before the accident such as a broken
• Was there any damage to the vehicles as a result of the accident? What parts of the vehicle were damaged?
• Who are the registered owner of the vehicles (names and addresses)?
• Were all vehicles involved in the accident insured? What are the names of the insurance companies and the policy numbers?
• Did any of the vehicles need to be towed from the scene of the accident?
• How did the accident occur?
• Did anyone accept responsibility for the accident, or make a comment such as "It was my fault, I am sorry/ I was speeding/ not paying attention/ not wearing my glasses/ distracted/ tired/ late for work/ in a hurry/ my coffee had just spilled/ I should have seen you but I was on my cell phone/ I've been taking these pills/ my eyesight isn't what it used to be after dark, etc."?

As much basic information as possible should be gathered immediately after the accident occurred. As time passes, memories tend to fade and new versions of the chain of events are created. Putting the basic information down on paper helps later when liability for the accident begins to be examined.

Who do I contact after an auto accident? Top

Depending upon the nature of the accident and the extent of the damages and injuries involved, a series of auto accident reports must be filed. Sometimes the reporting of an auto accident is mandatory, sometimes it is voluntary. Reports typically must be filed with two organizations:

Police (law enforcement agencies) - The law of the state where the accident occurs may require a police report to be filed. However, as there are many variations in state and local laws -- and even local practices -- we can not address them all. Generally if any personal injury occurs in an auto accident, a police report must be filed. A police report generally also is required when property damage exceeds a certain dollar amount (often $200 to $500). The manner of making the report also varies. Some local police only take certain auto accident reports over the telephone, some require a trip to the station house. To be safe, at least a telephone call to local police should be made shortly after an auto accident to determine local practice and the information you are required to provide.

Insurance company - Most auto insurance companies require their policyholders to promptly report every auto accident. The insurance company will want to gather all of the basic information concerning the accident for its records. Sometimes the insurance company will want your authorization to make a recorded statement concerning the accident. We suggest that if you or your passengers were injured in the accident, or believe the insurance company will try to claim "you're not covered" or you have any concerns about the adequacy of your coverage, you should contact an attorney before you go much further, and certainly before you give the insurance company permission to record your conversation. However, bear in mind that failure to provide information to your insurance company on a timely basis -- your policy will set out how quickly you must notify the company (and it can be a VERY short time frame). Failure to comply could result in loss of coverage for the accident, without it constituting bad faith by the insurer.

Should I get medical treatment immediately after a car accident?  Top

Yes. Many people who are involved in an automobile accident are too embarrassed to seek medical treatment. The initial bumps and bruises do not seem serious or the onset of the symptoms does not immediately occur.

After an accident, an initial evaluation at a local emergency room is recommended. X-rays can be performed which will generally rule out broken bones or fractures. Muscle relaxers and anti- inflammatory medications can be prescribed to address muscle strains or pulls.

Of course, not every accident produces injury. However, if the onset of a serious injury is delayed, the failure to have a medical complaint recorded can affect your chances of recovery. Back and neck injuries like herniated disks are not always immediately determinable. They are often initially diagnosed as "soft tissue" injuries before an MRI or CT scan reveals a disc injury. Normal x-ray film is generally not diagnostic of disc injuries.

The mechanism of injury may not always be obvious to a person injured in an automobile accident. For instance, there are many documented cases of carpel tunnel syndrome caused by a person tightly clenching the steering wheel during an accident. Since the wrists may not have slammed into a part of the car, the person involved in the injury may not associate this problem with the car accident until it is too late to make a claim.

Moreover, many insurance adjusters will refuse to pay claims when there has been a delay in receiving treatment or when large gaps in the treatment have occurred. Even though there are explainable and legitimate reasons for the delay or gap in treatment, victims may end up either uncompensated or under-compensated.

It is not uncommon for accident victims to leave the scene of the accident feeling that they were uninjured and wake up the next day or two later with extreme soreness, tightness or muscle spasm. In these instances, immediate medical attention should be sought from your doctor.

Again, documentation of the onset of injury is important in establishing a causal link between an accident and an injury.

If an injury has been diagnosed by your physician, make sure you keep your appointments and scheduled treatments. Insurance adjusters will argue that you must be well or feeling fine if you do not go to the doctor. This is true even if all the physician is doing is examining you and prescribing new medications which do not seem to be working. Documentation of your pain and suffering is essential to successfully pursuing a claim.

Moreover, unsuccessful conservative treatment will eventually lead to your doctor becoming more aggressive to seek a treatment or diagnosis which will help your recovery.

How do I make a claim against an insurance company? Top

The decision to make a claim against an insurance company generally should be based upon the fault of the other driver and the extent of injuries and damages you suffered as a result.

Of course, not every auto accident will or should result in a claim. This is especially true in the situation where the thought process is to collect a few thousand dollars as part of some nuisance-type settlement.

When claims are made, they can be discovered in any subsequent litigation and could potentially hurt an otherwise legitimate case. Thus, the decision to pursue the claim should be made only when an injury and medical expenses have been sustained.

Once the decision to pursue the claim has been made, the next determination is how to go about making the claim. The answer to this question may depend on which insurance company you are attempting to make a claim against, yours or the other driver's.

When an accident occurs, the police are called to the scene and the investigating officer will fill out an accident report. The officer will then give to both drivers a copy of the item number or accident report number so that the accident report can be obtained when he/she is finished completing it.

The report will contain the names of the other driver and insurance company. It also usually contains the policy number under which the other driver is insured. Virtually all insurance companies have toll free numbers for reporting claims which can be used to report the accident. Of course, you will need the name of their insured, policy number, date of accident and item or accident report number. They may also seek information about your insurance. Then a claim number will be assigned to your claim which you can use for future communications or for reference when checking on the status of the claim.

Most of the time the other driver's insurance company will contact you before you can contact them. This assumes that the other driver has reported the incident to his insurance company, which is not always the case. If they contact you, make sure you tell them that you want to know the claim number they have set up to process your claim against their driver.

It is also important to report the accident to your own insurance company even if you are not at fault in the accident. You may have certain coverages that will immediately pay for your property damage and medical expenses without having to wait and see if the other insurance company will accept or deny your claim. If your own insurance company pays you, they will then seek to recover their money from the other insurance company. This is called subrogation. Be careful when discussing the accident with an adjuster for the other driver's insurance company. Avoid giving statements or recorded testimony about how the accident occurred. Those details are usually contained on the accident report which can easily be obtained by the adjuster. If the accident report is accurate, simply refer the adjuster to it.

Adjusters frequently try to elicit a statement from the opposing party in an attempt to minimize your damages or deny your claim. Give only the information that is absolutely necessary and contact an attorney if you have any doubts or questions about what information to provide.

What sources of compensation can be pursued after an auto accident? Top

The answer to this question depends on your specific state laws and the circumstances surrounding the accident. Typical sources of compensation for damages sustained in an auto accident include:

"Out-of Pocket" - When the damages sustained are minor and cause no real financial setback, paying for the loss "out-of-pocket" should be considered. There is no third party getting involved when you pay for your loss yourself, no continuing investigation, no actual change in your insurance, and generally less "hassle" overall. When your losses exceed what you can comfortably handle from your current resources, other sources of compensation must be explored.

Your Auto Insurance Company - Whether your insurance will compensate you for your loss depends on your contract with your insurance company. In many insurance contracts, there is both first party (you and your auto) and third party (passengers, other motorists and their property) considerations. Some contracts have medical coverage for personal injury of the insured (you) and your passengers in the vehicle. Your insurance contract may provide for collision damage repair and possibly for a car rental while yours is being fixed. Before making a claim (which is different than providing a report) with an insurance company, many people consider whether it will be less expensive for them to pay for the loss "out-of-pocket" before relying on the insurance since the actual loss under the insurance contract could result in an increase in your insurance premium in the future. The potential of an increase in your insurance premium must be balanced against your ability to pay "out-of-pocket", (including any deductible under the insurance contract). The smaller the damages, the more likely you will pay out-of -pocket; the larger the loss, the more likely you are to seek recovery from your insurance company.

Your Health Insurance Provider or HMO - You may have private health insurance or belong to a Health Maintenance Organization (HMO). In the event of a personal injury sustained in an auto accident, you could ask your own health insurer to pay for medical treatment. Sometimes, private health insurance plans or HMOs require you to seek recovery from your auto insurance company (as a primary carrier of the risk) before it will pay/provide for your medical treatment.

Other People Involved In the Accident - In addition the three sources above, you may be able to seek recovery from the other people who were involved in the accident. Your ability to recover from a third party, such as another driver, may be limited by the laws of the state in which the accident occurred. States can either have a "no-fault" law, which leaves those involved in an accident to provide for their own compensation, or a "fault" law, where the law generally makes the party who is "at fault" or "caused" the accident to occur to pay for all the damages incurred. If you are "at-fault" for an accident that occurred in a "fault" state, contact your insurance company (if you are sued, you will tender the defense and possible settlement of the lawsuit to your insurance company).

What happens if I am involved in an auto accident with an unlicensed driver? Top

Generally, the owner of a vehicle is not liable for damages which occur when another person is operating the vehicle. However, numerous exceptions to this rule exist where (i) the driver is on a mission for the owner of the vehicle; (ii) when the driver is an agent or employee of the owner; and (iii) when the owner himself is negligent in entrusting the vehicle to an incompetent driver.

Under the negligent entrustment theory, the lender of a vehicle is not responsible for the negligence of the borrower unless he knew or should have known that the borrower was physically or mentally incompetent to drive. For instance, when an owner of an automobile knowingly entrusts the vehicle to an intoxicated, otherwise incompetent driver, the owner is responsible for the harm resulting from the incompetent operation of the vehicle.

Some courts have determined that a reasonably prudent person has the clear duty to recognize the manifest danger of making a long-term, open-ended loan of a vehicle to someone they know or should know is an habitual abuser of alcohol and is prone to drive the vehicle while under the influence of alcohol. A prudent person should recognize that under these circumstances it is highly likely that serious injuries or death will reasonably result.

Statutory law provides that unlicensed drivers are prohibited from driving and that drivers are prohibited from allowing unlicensed drivers to drive. The intent of this type of statute is to protect the public and the unlicensed driver by preventing inexperienced drivers from operating vehicles on public roads.

However, in most states, the violation of a criminal safety statute does not usually, in and of itself, create civil liability. Most states require that to constitute actionable negligence, the violation must be encompassed within the scope of the risks that the statute was designed to protect against. The violation must also be a cause of the accident. Thus, if a driver is competent and experienced, although unlicensed, then the risk of allowing him to drive may be outside the scope of the risks contemplated by the criminal safety statute which requires a driver's license.

Violation of a criminal safety statute may provide a presumption of negligence in some cases which will require the offending driver to prove that the violation was not the cause of the accident.

How do I know if I have appropriate insurance? Top

The best way to know if you have the proper automobile insurance is to call the law offices of Keller and Keller and let us review and evaluate all of your policies. Our attorneys will be willing to perform this service for free.

It is best to determine whether you have the proper insurance before you get into an accident because it is too late to change your coverages for that accident. Since the laws and rates affecting insurance companies change frequently in each state, you should make sure that you have all of the coverages to protect yourself and your family. It is not a good idea to rely solely on the advice of your agent since he may have certain incentives to not provide coverage you really need.

Do I need uninsured motorists coverage? Top

Yes. In fact, in some states, you automatically have uninsured motorists coverage up to the limits of your liability limits unless you specifically waive such coverage.
This coverage is the only way to protect yourself and your family if you are involved in an automobile accident with someone who either has no insurance at all or who has minimal coverage. We recommend that you maintain at least $100,000 worth of uninsured motorists coverage on all of your vehicles.

What is medical payments coverage? Top

This coverage is a type of coverage designed to pay for your medical expenses if you are involved in an accident in your vehicle. This coverage applies regardless of the fault of the parties and must be automatically paid if you present proof of medical expenses incurred as a result of an accident in which you were involved in your own vehicle.

What is the difference between collision and comprehensive coverage? Top

Collision coverage applies when you have had an accident or damaged you car without the involvement of another vehicle. For instance, if you back into a pole or hit a tree, your collision coverage would pay for the damage to your vehicle. It usually comes with a deductible before the coverage pays for such damage.

Comprehensive coverage applies to flood damage, vandalism or theft of your vehicle by another person. Again, it does not involve an accident with another vehicle unless it occurs during the theft of your car. It too usually comes with a deductible. However, it does not cover any of the contents which may be stolen from your car.

Should I have my homeowners insurance to cover my vehicles and if so how? Top

Yes. The more coverage you have available, the more likely it is that you will receive all of the compensation to which you are entitled if you are involved in a serious accident. Homeowners insurance can apply to you car by purchasing an umbrella or excess policy.
An umbrella policy in the amount of $1 million is usually available for a few hundred dollars extra per year and will entitle you to have additional coverage that applies to the liability and uninsured motorists coverages of your auto policy. It also gives the same protection to your homeowners coverages.

Should I contact my own insurance company if I have been involved in an automobile accident that was not my fault? Top

Yes. Your own insurance company has certain obligations to you even if you are not at fault. One of these obligations is to pay to fix your car quickly and then go after the other driver's insurance company to get reimbursed.

If you have medical payments or rental car coverages, they may also be obligated to immediately pay for you to rent another car while yours is in the shop and to pay for your medical expenses. Make sure you contact your own insurance company immediately following any accident, however, please seek the legal counsel of an experienced attorney as well. The law offices of Keller and Keller will be able to advise you on the proper steps to take to ensure that your rights are protected.

Who pays for my medical bills and car repairs? Top

If you are not at fault in the accident, the other driver's liability insurance will pay for your personal injuries and car repairs. If the other driver does not have insurance, then your own insurance company will pay for your personal injuries and repair expenses only if you have uninsured motorists coverage and/or medical payments coverage.

If you are at fault in the accident, your liability insurance will pay for the injuries and property damage of the other driver. Your collision coverage will pay for your vehicle damage and your medical payments coverage will cover your medical bills.

What if the other driver does not have insurance? Top

Most states have laws which make automobile liability insurance mandatory for any person owning a car. Various penalties and fines may be levied against any person failing to carry insurance in at least minimal amounts. This does not help pay for your medical expenses, lost wages and property damages.

The only way to protect yourself in the event the other driver is either uninsured or underinsured (does not have enough coverage), is to purchase uninsured motorists coverage. Make sure you have this important coverage on all of your vehicles.

Does my uninsured motorists coverage apply even if I am injured in another person's vehicle? Top

Yes. Under most policies, your uninsured motorists coverage follows you to every vehicle in which you are an occupant or driver. Thus, if you are riding with a friend and get involved in an automobile accident with a driver who was at fault, but who does not have either any insurance or enough insurance, your uninsured motorists coverage will pay for your damage up to the policy limits.

Will my insurance company drop me if I make a claim? Top

Generally, if you are not at fault in the accident and you make a claim against your medical payments coverage or your uninsured motorists coverage, your insurance company will not usually drop your coverage. This is because the accident was not your fault.

If you are at fault and another driver makes a claim against your liability coverage, your insurance company may drop or increase your coverage.

Do most automobile accident cases settle before I must file a lawsuit? Top

Generally the answer is yes. However, if there are severe injuries and the coverages involved are high, a lawsuit will usually be necessary. This is because there is too much information and too much money at stake to justify an early settlement.
An early settlement may also depend on whether your injuries and your treatment are completely known before the time to file suit. It may also depend on how short the statute of limitations is in your state. If there is a short statute of limitations and your injuries are not well healed, you may have to institute suit.

If you or a loved one has been injured in an auto accident, the law offices of Keller and Keller are available to you for a free, confidential consultation with an attorney from our firm who is experienced in handling auto accident claims. You can either contact us by phone at 1-800-2KELLER or through the use of our Free Case Evaluation submission form below.

Should you decide to retain our services after the initial consultation, we will work on a contingent fee basis. This means that our offices will only be paid for our services once we make a recovery on your behalf from the insurance company.