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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