Most people who are involved in car accidents underestimate the peril they are in financially and legally. These are subjects that should be a top priority for any driver, especially if they haven’t yet had a car accident. Leaving aside the possibility of injury and property damage, the potential for litigation, insurance premiums increasing and even criminal penalties should be enough to wake any driver from their reverie and alert them to this vital advice.
It goes without saying that any driver involved in a car accident will do whatever it takes to avoid unnecessary expense, but what about the driver determined to avoid responsibility even if they may share the blame or be the one at fault? How should you respond if you find yourself in a traffic accident with such a driver? Believe it or not, there are ways to protect yourself, and it starts the very moment you emerge from your car.
Remain Silent
In any situation where you face even potential criminal liability, you have an absolute right to remain silent. Unless compelled, you should exercise this right without exception. The alternative is to create doubt about your role in causing the accident, and that can put your financial and personal situation in extreme peril.
Presume nothing other than the fact the other driver will do whatever is necessary to foist blame on you. In the meantime, do not engage the other driver in any discussion of fault. Provide identification and insurance information as required by law. Notify police if required by law.
Make no statement at the scene, even if asked. Take special precautions to avoid talking to police at the scene regarding fault, the details of the accident or anything else that might later be used to cast doubt on your testimony. You are under no obligation to speak to anyone aside from identifying yourself, so don’t.
Gather Facts
As strident as your interlocutor may be regarding who was or was not at fault in the accident, facts always overcome opinion, especially in a legal proceeding. This is why it is important for you to obtain reliable and documented information about the accident to use later when fault is being assessed.
Make sure you identify the other drivers. Obtain their licenses, license plate numbers, vehicle VIN numbers and insurance information as quickly as possible. In almost every state, drivers are required to provide this information whether or not there are any accident reporting requirements.
Once you’ve covered the basics, get the rest of the story. If there are witnesses, get their contact information. If there are cameras in the area, contact their owners to obtain the footage. Make sure you have the names and IDs of all the emergency personnel including the tow truck drivers. What may seem to be unimportant now may be the key to everything four months later when you are litigating the outcome.
Get an Attorney
Yes, attorneys can be expensive, but so can car accidents, especially if you end up being blamed because you didn’t take steps to protect yourself. Consider your insurance company. Knowing full well your policy is nineteen pages of legal-speak and your insurer certainly has buildings full of lawyers ready to pounce on the slightest detail to avoid paying a settlement, do you honestly believe it is unreasonable for you to at least consult an attorney before making a statement about your accident?
The truth is you need professional counsel as you navigate the thicket of regulations, policy disclosures and legal requirements surrounding just your insurance claim, to say nothing of your potential liabilities elsewhere. The small amount you spend to get good advice is unlikely to figure prominently in your personal wealth status. It may, however, help you avoid a massive liability disaster later.
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