ALT-1 Protecting your Interests after a Traffic Collision
When a traffic collision occurs time feels as though it stops, and all immediate thought attempts to absorb what has just happened. Since it is not an everyday incident, there is a certain "wow factor" involved - you can't believe it, you wonder if anyone is injured, and you may wonder who was at fault. Being locked in the moment, rarely is there an instantaneous thought as to the legal ramifications of the collision. After assessing the well-being of those involved, take a minute and regain your composure, it will be in your best interest in the long term.
Believe it or not, the most important step in safeguarding your interests after a collision is to watch what you communicate, both verbally and in writing. There is a tendency to have unrestrained verbalization with the other driver, because you both just dodged the same bullet, so to speak. Neither accept or place blame on the other driver, even if the cause is obvious, as it will all come out in the wash. If Police arrive cooperate fully and honestly, failure to do so may not help your cause. Fill out any police reports completely, and give as detailed an account of the collision as possible.
When exchanging information with the other driver, be thorough and make certain you have all of the necessary information before either of you leave the scene. If you miss something like a drivers license number or license plate number, it's too late once you depart. If you are certain the other driver was at fault, look around for any witnesses that may have seen the collision. If you find witnesses, point them out to the police officer so they can take a statement. Even if the police officer says you are at fault, never admit it. The police officer is not a judge, they're cops, and as long as you don't admit guilt a good lawyer can present a decent defense if the collision should result in a lawsuit.
If you or anyone in your vehicle is injured, request medical attention immediately. If you wait 3 days after the collision to seek medical care only to find something seriously wrong it will hurt your chances for monetary recovery.
After going home from the collision, call the automobile insurance company to report the accident. You may be asked to give a tape recorded statement over the telephone to both involved insurance companies. Again, tell the truth, but choose your words carefully and do not make embellishments or grandiose statements.
Having an automobile collision is sort of like being arrested in the sense anything you say can and will be used against you in a court of law. You are dealing with insurance companies and police departments that are experts in dealing with automobile collisions, you are a novice. To remember that fact is to protect you interests in a collision.
