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AUTO ACCIDENT ATTORNEY ADVICE
BEFORE THE ACCIDENT
- GET LIABILITY INSURANCE. If you don't have it, get it. And keep proof of it
in your car at all times.
- BE PREPARED. Keep paper and pencil, a cheap, loaded camera,
flares/reflectorized road markers, a good first aid kit and fire
extinguisher in your car. Each could come in handy. As could a cell
phone.
- WEAR YOUR SEATBELT/SHOULDER HARNESS. And keep your kids
belted in and away from any active airbag. In the event of an accident,
your own conduct will be scrutinized. Your case will not be helped if
your injuries are worsened by your own carelessness.
- DON'T DRINK AND DRIVE. There are several reasons why this
is a good rule to follow (besides the fact that driving while
intoxicated is illegal and can get you in jail and cost you your
license and insurance, if not your car itself). If you were under the
influence at the time of the accident, your recovery is limited to
doctor bills, lost time from work and property damage. Assuming your
drunkenness didn't cause the accident in the first place. The law makes
it illegal to drive under the influence of drugs or alcohol OR to drive
with blood alcohol content (BAC) in excess of 0.08%. If you're under
21, you're busted with a BAC of 0.01%. So, in theory, any alcohol in
your system can get you in trouble.
- MAKE SURE YOUR CAR WORKS. You don't want your vehicle stalling out in traffic
or not stopping.
- KNOW HOW TO DRIVE YOUR VEHICLE. This sounds obvious, but the
explosion in the popularity of sport utility vehicles (jeep-like four
wheel drive truck-like station wagons) has introduced a population that
grew up on cars to the challenges of driving vehicles with much higher
centers of gravity.
- DON'T EAT AND DRIVE. And drink and drive. And call and
drive. And consult your Thomas Guide and drive. They distract way too
much. AT THE TIME OF THE ACCIDENT
- STAY THERE. Don't leave, even if you intend to come back or
if you have to get to work. Only a medical emergency or imminent threat
of bodily harm can excuse you from the scene.
- MAKE SURE ALL INVOLVED VEHICLES ARE TURNED OFF and their hazard lights/flashers
are on.
- USE YOUR FIRE EXTINGUISHER IF YOU CAN. If there is a small
fire in or near the engine or in the car's interior, use it. If the gas
tank is involved, don't attempt it. And don't use water to put out
gasoline or electrical fires.
- CALL 911 IF the crash was serious, vehicles are left
immobilized in the middle of the street, there is blood or broken
bones, or if you believe alcohol was somehow involved.
- EXCHANGE INFORMATION. Get the other driver's/drivers' name,
address, drivers' license number, car license number/VIN and his
insurance company and policy number. And vice-versa.
- GET WITNESS INFO. Take down the name, address, phone number and any other contact
info on each and every witness you can find.
- DO NOT PLAY DOCTOR. Unless it is an extreme emergency
involving an imminent explosion or fire, don't move anyone who is
unconscious or is complaining of a back or neck injury. Render only the
first aid you are trained to render, with all precautions you are
trained to take.
AFTER THE ACCIDENT
- CALL YOUR INSURANCE agent or carrier and report what happened to
them. Cooperate with your own insurer. If you don't they can deny
coverage for the accident.
- TAKE CARE OF YOURSELF. If injured, see a doctor. Document
your injuries and steps taken to ameliorate them. Keep a diary of your
aches and pains.
- REPORT THE ACCIDENT TO THE DMV. Even if you were not at
fault and the police took a report at the scene, You have to file a DMV
SR-1 FORM and send it in right away. Failure to do so may cost you your
license.
- IF THE OTHER DRIVER WAS UNINSURED, prove it. If you have
uninsured motorist benefits and you need to make a claim on your policy
for them, your insurer wants definitive proof the other driver was
uninsured. The best, and almost always only, way to prove it is to get
a certificate from the DMV saying that person did not have insurance.
To do that, you need to submit a DMV SR-19C form to, well, the DMV.
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