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AUTOMOBILE ACCIDENT OCCURRENCE CHECLIST
This checklist is intended to provide you a list of things that you should think about when you are involved in an accident. Although not exhaustive, this list will cover most of the basics.
FIRST AND FOREMOST: BE SAFE
1. Put your emergency brake on so that your car does not move and more damage and/or injury to another property and/or person.
2. Turn on your hazard lights and put down emergency cones and/or warning triangles, or flares to let other people and/or cars that an accident has happened.
3. Check to see if you, your passengers are injured. Do the same for the other driver and if need be, assist those with most severe injuries first.
4. Call 911 as soon as soon as you determine medical assistance is appropriate.
5. Do not move anybody if you think that it may make their condition worse.
6. Get yourself and everyone out of the car and away from the car(s) so that you are not in danger of being hit by other vehicles or oncoming traffic.
7. Take stock of where you are making sure you know the date, time, street and cross-streets, the makes and models of the cars involved, how many people involved, the type of damage you can tell and call the police to report the accident
PRESERVE EVIDENCE:
1. Write down for each car’s the make, year, model, license plate number, and vehicle identification number, color and the kind of damage each car suffered.
2.
3. Write down each potential witness’ name, address, telephone number, the car they were in, and how they can help your case and what they would have seen.
4. Write down the driver's license and insurance card information for the other driver showing the driver’s name, the owner’s name, the insurance company and policy number for the other car.
5. You should do the same if the other driver asks
6. If the other driver cannot produce this information you should make sure that the police interview him before he leaves the scene of the accident.
7. Take photos as soon as possible before that type of evidence is taken away. Most cell phones can take photos and/or videos, so take Photographs and/or video of:
o the scene of the accident,
o each car,
o skid marks, any other kind of marks that show the path the car traveled before or after the accident and
o possibly driver of the other car.
CREATE A DIAGRAM
When possible try to create a diagram of the accident scene that provides an outline of the street, cross streets, driveways, crosswalks, stop signs, traffic light and street lights. Show where the vehicles came to rest, any other markings like skid marks, scratches, damage to the road way or physical objects.
SPEAK TO THE INVESTIGATING POLICE OFFICER
Make sure you are polite and cooperative with the police officer. Obtain the police officer's name and badge number. You may provide a statement, but stick to the facts (what you saw, heard or felt). Do not speculate about what happened, what other people must have clone or thought, or who was at fault. Assist the officer in obtaining each witnesses' information and in obtaining witness statements from as many people as possible.
SEEK MEDICAL CONSULTATION
It is important to seek medical assistance if you have injuries from the motor vehicle incident. Go immediately to either the Emergency Room or your personal physician. A failure to seek meclical assistance may be used against you if you seek compensation for your injuries. If emergency personnel suggest that you be taken to a hospital, you should not refuse assistance or transportation. When possible take photographs of your injuries, including scrapes, bruises and lacerations. It is often helpful to keep a medical diary in order to keep track of the pain that you are feeling. Try to include the location of the pain, a description of the pain, and what activities increase, decrease or change the pain that you are experiencing.
LEGAL OBLIGATIONS:
YOU MUST STOP
Every person involved in an automobile accident must stop at the scene of the incident. Failure to stop may result in being cited for a hit-and-run violation.
YOU MUST CONTACT THE AUTHORITIES
You must notify the local police or California Highway Patrol (CIIP) and the Department of Motor Vehicles (D*1v[V). Every motor vehicle accident must be reported if there is any injury or the damage exceeds $750 (DMV SR-t Report: ofTraffic Accident). You should always tell the truth and should only provide a statement to the police officer. You are not required to speak to anyone nor are you required to give a statement to anyone. It is common practice for insurance company representative to insist that you provide a written or recorded statement. There is no obligation for you to provide a statement and it should only be clone after consultation with an attorney who specializes in motor vehicle cases.
YOU MUST EXCHANGE INFORMATION
Every person at an accident scene is requited to exchange personal information with the other individuals that are involved, including name, address, driver's license number, vehicle identifications number, name and address of the car owner, name and address of insurance company along with the insurance policy number. Note: If you have struck a parked car or physical item and the owner is not present, you may not drive away. You must leave in a conspicuous place your name, address, and an explanation of what happened.
YOU MUST HAVE AUTOMOBILE INSURANCE
Every driver must have a policy of automobile insurance or other proof of financial responsibility in order to drive a vehicle. Failure to have insurance may affect your legal rights and what compensation you may receive for your injuries.
YOU MUST PROVIDE REASONABLE ASSISTANCE TO THE INJURED
If you are not a trained medical professional then you should limit the assistance you provide so that you do not make a person's injuries worse. You should provide reasonable assistance that is commensurate with your knowledge and training in first aid
and medicine.
CONTACT AN ATTORNEY
It is important to contact an attorney as soon as possible regardless of who was at fault for causing the motor vehicle accident. An attorney should advise you regarding what topic areas are appropriate to discuss and who you should speak with about the facts of the incident. It is often better to have an attorney speaking for you and/or making statements for you. You should never make a written or recorded statement without first being advised by an attorney.
CONTACT WITH YOUR INSURANCE COMPANY
You should contact your insurance company as soon as you are able. You will need to provide the insurance company representative with your insurance policy information. You should provide only basic information regarding the date, time, location of the incident, vehicles involved, people involved and basic facts of how the incident occurred. When possible you should speak with an attorney before you contact your insurance company. Remember the insurance company representative does not represent you, she/he represents the interests of the insurance company.
CONTACT WITH THE OTHER DRIVER'S INSURANCE COMPANY.
You will need to provide the insurance company representative with your insurance policy information. You should provide only basic information regarding the date, time, location of the incident, vehicles involved, people involved and basic facts of how the incident occurred. It is common for insurance company representatives to insist on receiving a written or recorded statement. You are not required to give a statement. Remember the insurance company representative knows the law and you likely do not. When possible you should speak with an attorney before you contact the other driver's insurance company. The insurance company representative does not represent you, she/he represents the interests of the other driver's insurance company.