Knowing what to do, and where to turn to, are the most important things if you are in an auto accident. It doesn't matter if you are the person being sued or if you are the person bringing a claim. The difference between doing things "right" and waiting or making "mistakes" can be costly. In this article, the author explains what you should know if you or a loved one are in an auto accident.
Most of us have, at one time or another, collided with another vehicle while driving. Here are some tips that every driver needs to know.
Stop at the Scene
California law makes it a crime, punishable by imprisonment, if you don't stop at the scene of an accident and identify yourself. This law applies even if the accident only caused auto damage.
Identify Witnesses
It's unfortunate, but many accidents result in claims by one person against another. Everyone knows to get the name and address of "the other guy" but drivers often forget to identify witnesses. Witnesses to the accident, especially witnesses not connected with either car (so-called "independent witnesses") will be critical later on. If you're going to present a claim, you'll want them in order to prove your case by corroborating your side of the story. If a false or exaggerated claim is presented against you, they're the best protection you could ask for.
Identify Insurance
Three types of insurance apply to an auto accident. (1) The insurance policy covering the other car (the owner's policy); (2) If the other driver isn't the car's owner, they might have their own policy of insurance which will usually cover them while driving someone else's car; (3) Your own policy of insurance.
Look at the other driver's auto registration, If the car's owner is different than the driver, get the names and policy numbers for each person's insurance. Later on, check with your insurance agent. If you have a claim which exceeds the other side's insurance limits, you'll need to know if your policy covered "Uninsured Drivers" (situations where the other guy didn't have insurance) as well as "Underinsured Drivers" (situations where the other driver's insurance isn't enough to cover the size of your claim). In either of these situations, your insurance company actually "steps into the shoes" of the other driver and pays you on their behalf.
No Fault Insurance
If you or any of your passengers is injured, check with your insurance company to find out if you had "Medical Payments" coverage. This insurance is actually no fault in nature. Your company will pay your medical bills regardless of whether or not the other guy had coverage and regardless of whose fault the accident was. It usually covers you from the first dollar of medical expenses.
The Other Car’s Insurance Company
Some drivers identify themselves but refuse to give out the name of their insurance company. Here's how to get it. Ask your insurance company to file an "SR-1 Form" with the California DMV, this filing triggers an automatic investigation. DMV will contact the other driver and ask for proof that they were in compliance with the state's financial responsibility laws at the time of the accident. If the other driver fails to provide DMV with proof of insurance or similar coverage, their driver's license is automatically suspended for a full year. In order to avoid this penalty, drivers will give their insurance company's name and policy number to DMV. That information, in turn, is available to you as a driver involved in the accident. Simply wait 30 days and request an "SR-30 Form" from DMV.
