The severity of car accidents varies and at the very least they are always a major inconvenience. With an ever increasing amount of traffic on the road, even careful drivers are likely to have some sort of car accident during their lifetime. Even despite these troubling odds, however, many people remain uncertain of how to respond should they get into an accident. Simply being armed with good information is very helpful in times of crisis, and moreover, understanding how to handle a car accident will eliminate much of the undue stress surrounding the situation.
What should I do if I have a car accident?
a. Individuals who get in a car accident should obtain a statement from witnesses and other drivers.
It is always wise to be as thorough as possible when documenting the facts surrounding an automobile accident. The following is an example of a witness statement to have executed in the event of an accident:
List all witnesses (even if police have the names):
Police Officer______________ Badge No.__________
Name____________________ Address_____________
Phone: Home _____________ Work_______________
Name____________________ Address_____________
Phone: Home _____________ Work_______________
Name____________________ Address_____________
Phone: Home _____________ Work_______________
Describe what you saw. Please sign and date your statement.
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
Accident Facts and Diagram
Date____________ Time_____________
Location__________________________
Weather Conditions________________
1. Identify all other drivers involved:
Driver Name______________________
Driver Address____________________
Driver Phone_____________________
Driver’s License #_________________
Social Security #__________________
Employer(s)______________________
Company Name Address
2. Owner(s) of other car(s) if not the driver:
Name____________________________
Address__________________________
Phone___________________________
Driver’s License #_________________
3. Passengers:
Name____________________________
Address__________________________
Phone___________________________
4. Insurance (other drivers & owners):
Company_________________________
Policy No.________________________
Name/Address of Agent______________
Agent’s Phone_____________________
Is there Med-Pay Coverage? _________
5. Identify other cars and damage:
Plate#____________ Make___________
Color_________ Year_____ Model_____
Show Damage:
| Front
Rear
|
6. Describe the Accident: _____________
___________________________________
___________________________________
___________________________________
b. Individuals who get in a car accident should make an insurance claim.
Generally speaking, those who are in traffic accidents should give their insurance carriers a personal statement. In doing so, individuals should provide enough data to portray an accurate and detailed description of what occurred. When speaking with the other driver’s insurance carrier, on the other hand, individuals should be cautious about how much information they divulge. Because of the inherently adversarial nature of the situation, individuals should discuss the facts with an attorney before speaking with the other driver’s carrier.
c. Individuals who get in a car accident should collect damages.
Collectable damages for a traffic accident may include compensation for:
- Car repairs
- Car rentals
- Loss of wages
- Medical bills
- Pain and suffering
- Permanent injuries
- Scars
- Future health care
- Damage to a spousal relationship
Ascertaining a monetary value for damages is complicated and often times gives rise to litigation. As such, it is important to document expenses and save all records, bills, wage-loss information, etc. A qualified attorney will be a great asset when it comes time to review these records and collect damages.
d. Individuals who get in a car accident should have car repairs covered.
After an accident, individuals can have their car towed to any service center or dealership. Collision coverage will cover 100 percent of repair costs, minus the deductible. The policy holder’s insurance carrier is then obligated to pursue recovery of the deductible from the other driver. Alternatively, individuals can demand payment from the other driver’s insurance carrier, and thus avoid using their own policy and paying the deductible.
Motorists should be careful when submitting a claim with another driver’s insurance because the carrier can try to deduct from the damages owed a percentage of fault for the accident. This is called “comparative negligence,” and it can be negotiated. For instance, if the repair estimate by either insurance company is too low, the policy holder is entitled to get a second and third estimate. An attorney can be of great assistance in negotiating with insurance carriers about the comparative negligence assigned in an accident.
e. Individuals who get in a car accident should have a rental car covered.
Rental car coverage is generally controlled by the language in the policy. The other driver’s carrier is not obligated to provide a rental up front – but most will if provided with the police report and there is no dispute about who is at fault for the accident. Individuals should keep rental car receipts and submit them as part of a claim for damages.
What types of insurance coverage are available?
Bodily Injury Liability: Provides essential protection against financial loss incurred if the policy holder’s car injures or kills somebody and is found liable. It covers bail bond expenses, defense of lawsuits and court costs. The policy will state the maximum amount available under this coverage.
Medical Payment Coverage: Provides coverage for medical, dental, hospital and funeral expenses for the policy holder, household relatives and guest passengers injured in an accident. It also protects the policy holder and household relatives if struck in another vehicle or as a pedestrian. Medical payment can be collected regardless of who is at fault, but many of these policies claim a right to reimbursement from the driver found at fault.
Uninsured Motorist Coverage: Provides coverage for damages that the policy holder, household relatives and passengers in the insured vehicle are legally entitled to recover because of bodily injury or death caused by uninsured or hit-and-run motorists. The policy will state the maximum amount available under this coverage.
Underinsured Motorist Coverage: Provides coverage for damages that the policy holder, household relatives and passengers in the insured vehicle incur as a result of accidents with motorists who have insurance coverage with limits lower than the actual damages. The policy will state the maximum amount available under this coverage.
Property Damage Liability: Provides coverage for damage to the property of others caused by the policy holder’s vehicle. Coverage is provided for up to a specified limit plus any legal expenses.
Comprehensive Coverage: Provides coverage for loss or damage to the policy holder’s vehicle caused by fire, theft, vandalism, hail, windstorm, riot, falling objects, flood, etc.
Collision: Provides coverage for loss or damage to policy holder’s vehicle caused by collision with another object or by upset. Payment is made on an actual cash value basis for the amount of each loss above the deductible.
What is a deductible?
A deductible is the amount of money that a policy holder must pay out-of-pocket before the insurance carrier’s coverage plan begins. When purchasing an insurance policy, individuals typically decide between plans having deductibles of $1,000, $500 or no deductible. Generally speaking, plans with lower deductibles have higher premiums.
