No matter how careful we are, auto collisions still happen and they can throw our lives into chaos. When the collision is caused by another person’s carelessness, you should be compensated for any resulting damage caused by the auto collision, including, medical expenses, missed pay from your job, a rental car while your vehicle is being repaired, and for any other damages caused by the collision. The aftermath of an auto collision can be overwhelming, but there are a few things to keep in mind which may help.

STOP YOUR CAR – Never leave the scene. If you fail to stop, you could face criminal prosecution even if the collision was not your fault. Stop your car as soon as possible without endangering any person or property and without obstructing traffic. Also, turn on your hazard lights to warn oncoming traffic in order to prevent further collisions.

CALL AN AMBULANCE – If you or your passengers are in a significant amount of pain or have experienced a black out, you should ask someone to call an ambulance.

CALL THE POLICE – Police officers are trained to handle auto collision situations. When police officers arrive, tell them the basic facts of what occurred. Get their information and ask them how to obtain the Traffic Collision Report for the incident.

GATHERING INFORMATION AT THE SCENE – You should not attempt to gather information at the scene if you are seriously injured; but, if you are physically able to, you should. People tend to rely on the police to do this, but critical witnesses may leave before the police arrive or the police may not take pictures. It might also take weeks before a copy of the officer’s report is available which can delay opening a claim for damages against the at-fault driver. For these reasons, it’s a good idea to keep a disposable camera, a small notepad, and a pen/pencil in your car at all times.

Driver/Vehicle/Insurance Information – Under California Vehicle Code Section 16025, the other driver must give you the following information or face a fine of up to $250.00 dollars: Driver’s name and current residence address, driver’s license number, vehicle identification number, current residence address of registered owner; the name and address of the insurance company and the number of the insurance policy for the vehicle involved. In addition, ask for the drivers’ and registered owner’s phone numbers and the automobile insurance policy numbers for the vehicles involved.

Witness Information – Obtain the names, addresses, and phone number of anyone who saw the auto collision and all passengers in all cars involved in the accident. If possible, try to get a statement from witnesses while at the scene as to what happened and ask them to write a description of what they saw. Sometimes, a driver who is at fault will tell a different story to their insurance company and a witness to the auto collision can be helpful in establishing the true facts.

Pictures – Take pictures of: your vehicle, other vehicles involved, and the scene where the auto collision occurred.

IF YOU ARE INJURED, GET MEDICAL TREATMENT IMMEDIATELY
If you are injured, do not refuse help at the scene of the collision. Remember that serious injuries are not always immediately evident because the body “numbs” injured areas immediately after a trauma. Get medical attention as soon as possible after an auto collision and ask your passengers to do likewise.

CONSULT WITH AN ATTORNEY
It is recommended that you speak to a lawyer before giving any statements. Until the victim of an automobile accident retains an attorney, the insurance company generally knows that the person they are dealing with is not currently prepared to take their case to court, and they are unlikely to offer fair compensation. Be careful if you are offered a quick settlement from an insurance company. You may want to consult with an attorney before signing any documents. Unfortunately, many people settle their case with the insurance company before they learn the full extent of their injuries.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Atty. Amo is licensed only in California and handles catastrophic personal injury, automobile collisions, products liability, and other plaintiff’s civil litigation cases.

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