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WHAT TO DO IMMEDIATELY AFTER AN ACCIDENT
Depending upon the nature of the accident and the extent of the damages and injuries involved, a series of auto accident reports must be filed. Sometimes the reporting of an auto accident is mandatory, sometimes it is voluntary. Reports typically must be filed with three sets of organizations:

(1) Police (law enforcement agencies) - The law of the state where the accident occurs may require a police report to be filed. However, as there are many variations in state and local laws -- and even local practices -- we can not address them all. Generally if any personal injury occurs in an auto accident, a police report must be filed. A police report generally also is required when property damage exceeds a certain dollar amount (often $200 to $500). The manner of making the report also varies. Some local police only take certain auto accident reports over the telephone, some require a trip to the station house. To be safe, at least a telephone call to local police should be made shortly after an auto accident to determine local practice and the information you are required to provide.

(2) Insurance company - Most auto insurance companies require their policyholders to promptly report every auto accident. The insurance company will want to gather all of the basic information concerning the accident for its records. Sometimes the insurance company will want your authorization to make a recorded statement concerning the accident. We suggest that if you or your passengers were injured in the accident, or believe the insurance company will try to claim "you're not covered" or you have any concerns about the adequacy of your coverage, you should contact an attorney before you go much further, and certainly before you give the insurance company permission to record your conversation. However, bear in mind that failure to provide information to your insurance company on a timely basis -- your policy will set out how quickly you must notify the company (and it can be a VERY short time frame). Failure to comply could result in loss of coverage for the accident, without it constituting bad faith by the insurer. Click for a helpful article on how insurance adjusters work and how they think.

(3) Department of Motor Vehicles ("DMV") - Some state DMVs maintain auto accident reports. The requirement for these reports differ between the various states (for example, California requires every operator of a vehicle involved in an accident to file a "SR-1" whenever there is an accident with personal injury or property damage in excess of $500). Typically this report must be filed within 5 or 10 days of the accident. Failure to file such a required report could lead to suspension of your driving privilege. In other words, your driver's license could be taken away from you, regardless of fault, if you do not promptly file a report with your state's DMV. If you or someone was injured, it may make sense to speak to a lawyer BEFORE filing that report!

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