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What to Do if You've Been Involved in an Auto Accident
You are driving along, paying attention to your driving when all of a sudden, you hear a screeeech and then you feel it--BOOM. What just happened? You were hit and now you are one of the parties involved in a motor vehicle accident. Now your life has just become complicated. What should you do now?
First, make sure you are okay and the health of any other people in your vehicle. Before leaving your vehicle, your car should be in a safe place and check the traffic. Check on the other driver and anyone else involved in the accident. If you do not want the police involved, exchange car insurance information, driver's license information, the description of the other vehicle and the license plate number and then the contact information of any witnesses. Taking pictures of the scene of the accident with the vehicles in place would be good for documentation purposes. Then report the accident to your insurance company.
If you do want a police and/or EMT presence, then dial 911. Do not discuss the accident or who was at fault with the other driver. Discuss the accident with the police. If the cars are blocking traffic or is in an unsafe area, move the vehicles to a safer place. It would be a good idea if you can take some pictures of the accident and of the car positions before moving the vehicles.
Getting Your Car Repaired
If the accident WAS NOT your fault: You can get the vehicle repaired using your own insurance if you have comprehensive or full coverage. If there is a deductible, it would be your responsibility in paying that. Then your insurance company would be reimbursed for the cost of the repairs from the at fault's insurance company. You can submit your deductible expense to the other insurance company to also be reimbursed. If you decide not to use your own insurance, then you would go through the at fault's (liability) insurance. It used to be that you would have to take your vehicle in to a repair shop that would prepare an estimate, but now the insurance agents write or prepare their own estimates. Some insurance companies will then write a check for the estimate to you. You can take this check to the repair shops to get the repairs done. If the estimate is too low, then the repair shop can submit an amendment for the repairs. Or some people will keep the check instead of using it for repairs.
If the accident WAS your fault: Hopefully you have comprehensive or full coverage that will cover the repair costs in getting your vehicle fixed. If you have a deductible, then that would be your responsibility in paying it. If you do not have full coverage, then you are personally responsible in the repair costs in fixing your vehicle.
If this is a Hit and Run accident or the other driver does not have insurance: This is when your Uninsured Motorist coverage comes into play. You would need to report the accident to your insurance company and open this coverage. The cost of the repairs are determined by your Uninsured Motorist policy limits.
Seeking Medical Care
If the accident WAS NOT your fault: There are several options for you. If you have Medical Payment Coverage (Med-Pay) on your insurance policy, then you can use that to pay for your medical care up to the policy limits. If you do not have that then you can use your health insurance for care. If you do not have that, you would then need to seek care from doctors who accepts 3rd party payment, the insurance (liability) company of the at fault party. But know that sometimes the liability company may not pay the doctor directly, instead, the insurance company may send you payment for your medical bills, which then makes you responsible in getting your medical bills paid.
If the accident WAS your fault: There are three options for you. You can use your Medical Payment Coverage up to the policy limits, if this is in your policy. If not, then you can use your health insurance. If you do not have Med-Pay or health insurance, the costs for care would be your responsibility and it would need to be taken care of out-of-pocket.
If a Hit and Run or other driver does not have insurance: Same thing as above-if you have Med-Pay, then you can use that. If you have health insurance, you can also use that. If not, then you can open up your Uninsured Motorist coverage, which will then start paying for your medical care up to the policy limits.
Is an Attorney Necessary?
An attorney is not necessary. If you were responsible for the accident, most attorneys would not accept your case because there would be no one to sue or go after. But the passengers in the at fault vehicle can sue the driver's insurance company for the cost of their medical care. If you were not responsible for the accident, you can handle the case on your own or you can get legal representation. Although, having an attorney might make your life a little easier. They are there to speak to the liability insurance on your behalf so you are not bothered by them. They also handle the settlement of your accident case, which in some cases, the settlements are higher due to your attorney's work. But they also do expect a percentage of your settlement as their fee.
Disclaimer: This site and its services are for informational purposes only and are not a substitute for professional advice, examination, diagnosis or treatment. See full disclaimer.
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