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FAQs | Simple facts about Auto Accidents

A. Do I have stop after an auto accident
It is mandatory that one stop after a car accident; this is the law and there is no excuse. Anytime you hit another car, pedestrian or property, then you must stop. If you do not, you will be charged with a hit and run even if the accident was not your fault. Hit and run penalties are serious and can involve a monetary fine, jail or both. Some people even end up losing their license.
At the scene, you must exchange your name, address, license number, vehicle number plates and car insurance with the other driver. If you have any insurance than it must be reproduced and the policy number written down for the other party.
If you have hit a parked car and can’t find the driver, the law says you can leave as long as you leave behind your name, address and explanation of what happened. Moreover, you must also notify police either by telephone or in person as soon as possible. The last thing you want is the other party to call the police and charge you with a hit and run.
If there has been any death or injury, then you must call law enforcement. The office will conduct an investigation and make a report. If an officer fails to show up, make a report yourself, take pictures if possible and go to the police station to report the incident.

B. What if someone is injured?
The law always states safety first and reasonable assistance is given to all who are injured in a car accident. For example if you know how to administer first aid or need to drive the person to the hospital, then do so. But wait a few minutes for the ambulance to arrive. If you are not trained to do provide first aid, just stay calm and wait. You can make things worse and get charged for causing more harm. To prevent additional car accidents, warn other motorist, switch on your hazard lights or place flares on the road. Ask nearby passers to call for help and don’t panic.

c. Whom should I call for help?
Today most people carry a mobile phone and 911 should be the first number to call. Explain the situation, location and ask for an ambulance or fire engine if you need one. Do not hang up and remain with the operator until the operator says it is okay. You may even want to ask passing motorists for help or make a phone call for you.

D. What type of information should I collect at the accident scene?
Remember the department of motor vehicles will not divulge any information to you about the car accident because of various secrecy laws and confidentiality. So the onus is on you to write down all about the accident. Besides the other driver's name and vehicle registration, things that you should write down include:
• Other driver’s name, address, date of birth, telephone number, driver’s license number and expiration date, and insurance company.
• Other car’s make, year, model, license plate number and expiration date, and vehicle identification number.
• Names, addresses, telephone numbers and insurance companies of the other car’s legal and registered owners—if the driver did not own the car.
• Names, addresses, dates of birth, driver’s license numbers and telephone numbers of any passengers in the other car.
• Names, addresses and telephone numbers of any witnesses who were present at the car accident. Make sure you ask the witnesses to talk to the police and write down everything they say
• Identify people at the car accident scene or get their number plates. The police can later track them down and talk to them if needed.
• Get the name and badge number of the police officer at the scene of the car accident. Remember to ask the officer which precinct he/she is from and where you can get a report of the accident.
• Make a simple sketch of the accident. Mark positions of both cars before and after the accident. Any other items like broken mirrors or skid marks should also be recorded. Presence of red light, stop sign, cross walk, trees or buildings should also be marked. Remember the drawings are sketches; do not stand in the middle of the road and endanger yourself from passing cars.
• If you have a camera, take as many pictures as you can from several angles
• If the accident occurred at night, check if the street lights were on. Try and guess the speed of both cars and locate where the actual accident took place.
If you have been injured in a car accident, motorcycle accident, truck accident or whiplash injury in the following cites: Norton , Massachusetts; Please call Dr. Linda Katz D.C. of the Fayetteville and Atlanta Chiropractor, Spinal Decompression and Car Crash and Whiplash Accident Center.
Now 770-461-2225

e. If it is my fault, what should I tell the police?
The first thing one should not do is lie. Lying will always get you into more trouble. So just state the facts and say the bare minimum. Do not admit guilt to anyone. Just a simple yes and no to most questions. The more you say, the greater the likelihood that the other party may make a big deal about the facts later on.
Do not blame anyone or accuse the other driver. Do not fight or argue. The first thing after the accident is to talk to your insurance company, attorney or both.
Remember anything you say even to the police can be used against you in court. Never sign any paper unless it is a citation and never ever speak to the other driver's insurance agent. Cooperate with the police but do not lie.

F. Will I get a ticket hen I am involved in an auto accident?
In many cases, the police officer may give you a ticket. Do not argue and just sign it. The ticket does not mean you are guilty or innocent. The only thing the ticket means is that you have to appear in court where you can contest the citation. Remember if you do not sign the ticket, you can be arrested.
If you feel strongly that you were not at fault and received a citation, talk to a lawyer afterwards. Do not simply got to court and plead guilty- the consequences can be severe.
Citations are usually given for
• Driving with a blood alcohol level of >0.08 percent or higher (or any level if you under the age of 21). Penalties for drunk driving are severe and there may be a fine or jail time.
• Not wearing a seat belt on you, your child and passenger. Moreover children under the age of 6 must be in a car seat and protected at all times. Children must be in a safety seat in the back of the car in most cases. Young children (< 12 months or weighing less than 20 pounds) are not allowed to sit in the front seat with an active air bag for fear of injury.

G. Does one always need auto insurance?
Driving a car without insurance is against the law. Every individual state has mandatory rules about car insurance and all drivers must have proof of vehicle ownership and valid car insurance when they drive. Even if you do not have the official insurance card, have the insurance policy number on a paper and the name of the insurance company with a phone number.
Failing to reproduce evidence of car insurance can mean an immediate citation and your car can be impounded. Moreover, there will be more legal hassles later on. If you ever get into a car accident and have no car insurance, you may end up losing your driving license for up to 4 years. The law is clear about car insurance.
• Most drivers must have liability insurance that affords at minimum $5,000 coverage for property damage for one accident. The sum is $15,000 for one person injured or killed in a car accident, and $30,000 for two or more people injured or killed. In rare cases, low-income drivers in certain counties may qualify for state-sponsored, low-cost liability insurance that has lower coverage amounts.
• If you do not have car insurance than you can deposit $35,000 in cash with the DMV.
• Another option if you do not have car insurance is a bond issued by the DMV. The DMV also will accept a bond for $35,000, issued by a Every individual state-licensed surety bonding company.
• A DMV-issued certificate of self-insurance may also be a substitute for some drivers.

H. Should I see a doctor after a car accident?
In most cases, a visit to the doctor is a great idea for both you and your passengers. Remember if you do develop pain or disability later, the other party will claim that you never saw the doctor and you will lose out. Go to your family physician or to an emergency department and get a copy of the report. In many cases, your car insurance policy may cover some of the medical bills.

I. Do I have to report the car accident?
Well, a common sense attitude is needed. A simple scratch on the car does not need to be reported. But anything major must be reported to the police. At the accident scene, call the police. After the accident is over, the first thing you should do is call your insurance company- as always there will be lots of forms to fill. Finally both you and the other driver are responsible for notifying the department of motor vehicles within 10 days if (1) the damage to either car exceeds $750 and (2) if there was a fatality or injury as a result of the car accident. The SR-1 form has to be completed is readily available at most DMV offices or your insurance agency.

J. Who will pay for the damages after a car accident?
In general the driver at fault is responsible for all the payments. This also depends on the driver's insurance and the type of coverage. There are two principle types of car insurances- liability and collision
Liability: If you are at fault for the accident, your liability insurance will ensure payment for the other driver’s property damage and personal injuries as per your policy limits. If you are not at fault, the other driver’s liability insurance will pay for your personal injuries and car damages up to the policy limits.
In the state of Every individual state, if both you and the other driver were involved in car damage and sustain personal injuries, then both of you are partly responsible for the auto accident. Depending on the circumstances, both of you may be able to receive some money for your damages but this is never 100%. The amount collected will depend on the polices (or assets if the other party has no insurance), degree of damage and to what degree each one of you was at fault. If you had loaned your car to someone and this resulted in an accident, your insurance company may help pay for damages depending on whose fault it was.
Collision. When you have collision coverage, you are covered no matter who is at fault. However, collision only pays for car damages and does not cover any medical expenses.
Other subcategories of insurance policy coverage include supplementary health insurance. This coverage may help pay your medical bills for both you and your passenger(s) up to the limits mentioned in the policy.

K. what are the steps I should take if the other party has no car insurance?
In many cases, if the other driver was not uninsured, then your car insurance will cover some of the costs for your personal injuries- that is if you had a prior policy covering an uninsured driver or a medical injury coverage.
In some cases, the other driver’s policy may not be enough to cover all your expenses, then the difference will be paid by your own insurance as long as you had an uninsured coverage in your policy.
If you did not have any of these polices, then you may have to sue the other driver to pay for your personal injuries. However, one should be aware that even if you win such a case it is hard to collect money if the other party has no money/assets or is bankrupt. If you do have collision coverage in your policy, then it will pay for the damage to your car no matter who was at fault- mind you the money will be less the deductible.

L. What should do I do if I get sued after a car accident
Anytime you get a letter saying that you are being sued, contact your insurance company or the insurance agent. If you have a lawyer, speak to him/her right away. In most cases, your insurance company will assign a lawyer to your case. However, if the law suit is for more money than the coverage of your insurance policy then you may need to speak to an attorney. In addition, it is very rare for insurance company lawyers to handle other car accident issues like citations or criminal cases like a death or a hit and run.

M. How do I make a claim with my insurance company?
After the accident, contact your insurance company. The agent will get the information and start the process of compensation. The amount of compensation will depend on the extent of your injuries, damage to the car or any other personal property that was in the car. In addition, you may also be allowed to collect for lost time at work, doctor visits or additional medical care. Moreover you may also be able to collect long term disability for any pain and suffering. In most cases, your insurance company will contact the other insurance company and start the negotiations. However, if you are not happy with the amount, you can always speak to an attorney and sue. Because of time limits, lawsuits must be filed early. If you plan to go to a small claims court, remember you can sue for more than $7,500. In a small claims court, you can’t have a lawyer with you but you can certainly seek advice before hand. The State bar association has a fair amount of information for the consumer.

If you have been injured in a car accident, motorcycle accident, truck accident or whiplash injury in the following cites: Norton , Massachusetts; Please call Dr. Linda Katz D.C. of the Fayetteville and Atlanta Chiropractor, Spinal Decompression and Car Crash and Whiplash Accident Center.
Now 770-461-2225

N. how do I sue for large sums of money?
If you plan to sue for a larger sum of money then you need to get a lawyer to help you. Many accident lawyers take cases based on contingency fee basis. This simply means that you do not pay anything upfront. You only pay if you win. The lawyer and you agree to a percentage of your win and you do not pay if you lose. If the case is settled prior to a trial, then the lawyer will charge a small fee. All the paper work is done by the lawyer. In your contract the lawyer will write down the specific of the case, costs and related fees.

O. How can I find an auto accident lawyer?
The first thing to do is check the yellow pages or ask someone. Every individual state state bar has a comprehensive list of attorneys in all parts of the state. You can also check out the standing of your lawyer with the Every individual state state bar.
If you have internet, go online and search under accident lawyers in your area. Most auto accident lawyers do charge a small fee for the initial consult to determine the merits of your case.
Before you speak to a lawyer ask what the charges are and how you have to pay. Find out the exact details about the cost. If you are not sure, talk to several lawyers as the fees do vary significantly.

What if I do not have money to hire a lawyer?
It is understandable that some people may not have money to afford a lawyer. In such a case, one should seek free or low cost help. You individual state state bar does have names of lawyers who offer free legal advice for people with low income. These lawyers may also offer assistance in helping you find a local attorney and additional resources in your area.
If you have been charged with any type of crime following a motor vehicle accident, speak to the local county public defender’s office. People who have low or minimal income often qualify for free legal assistance

The following FAQs are only designed to provide general information when you get involved in a car accident. These statements are not meant as concrete advice or steps that you should undertake when involved in a car accident. If you want legal advice, then it is best to seek the help of a car accident attorney.

If you have been injured in a car accident, motorcycle accident, truck accident or whiplash injury in the following cites: Norton , Massachusetts; Please call Dr. Linda Katz D.C. of the Fayetteville and Atlanta Chiropractor, Spinal Decompression and Car Crash and Whiplash Accident Center.
Now 770-461-2225