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Wednesday, March 16, 2011

Crash: You're in a Car Accident. What are you supposed to do next?

According to the U.S. Department of Transportation, there were an estimated 5,505,000 police-reported traffic crashes in the United States in 2009.  While you hope to never be involved in crash, you know that no matter how careful and attentive a defensive driver you may be, you can't control whether others obey the rules of the road.

So if you do find yourself as one of the millions of people who are in an accident every year  it's good to follow these simple rules:

1.  Safety First. If you're able to move your vehicle out of harm's way do so immediately.  If not, turn off your engine, put on your hazard lights, keep your seat belt on, call an emergency or police number, and wait for emergency personnel to arrive.  Allow medical professionals and emergency personnel to assist you, and if you experience pain or discomfort after the accident seek medical care.

2.  Call the Police.  Even in a minor accident it is good to have a police officer create a crash report.  In Texas, the reports look like this.  Make sure to get the police officer's name, badge number, and an incident or case number.  To formally request a copy of a police report in Texas you can complete and send to the Texas Department of Transportation this form, known as Form CR-91, Request for Copy of Peace officer's Crash Report.

3. Exchange information with the other driver.  You will want to get the other driver's name, driver's license number, license plate number, the make and model of the other car, and the other driver's insurance information including the name of the insurance company, the policy number, and a phone number for filing an insurance claim.  It's important to ask if the driver is also the owner of the other car -if not ask for the owner's name and insurance information as well. Some people keep a blank "accident form" in their glove box along with other accident materials like a disposable camera, pen, and paper.  Here is a sample accident form.

4. Document the Accident.  If you are able, you will want to use your cell phone camera or another camera to take pictures of both your car and the other car from a series of angles including the front, back, sides, and views that look at each corner of the car. If there are any witnesses you should get their name and contact information as well.

5.  Contact Insurance.  As soon as you are able, contact your insurance company and the other driver's insurance company.  Some people prefer to have a personal injury trial lawyer make this contact on their behalf.  If you decide to hire an attorney to represent you in your claim you should investigate the attorney and their firm to see if they have experience in handling insurance claims for property damage and personal injury. Also remember that if you are injured you will in all likelihood not know the full extent and lasting effect, if any, of your injuries immediately after the accident so be careful not to agree to a quick settlement with an insurance company before you've received appropriate medical treatment.