AL H. THOMAS & ASSOCIATES Law Firm	100 N. Main Bldg., Suite 2901 Memphis, TN 38103 tel: 901 526-0000 - fax: 901 526-0046

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What To Do If You Are In A Vehicle Accident If you are in a vehicle accident you must stop: The law says you must stop - whether the accident involves a car, a pedestrian, a parked car or property damage. If you leave you can be charged with hit and run - even if the accident is not your fault. You must call the police: An officer who comes to the scene will make a report. If an officer does not show up, you and the other driver must report the accident to the State Police within 48 hours if: - the damage to either car is more than $50 or - anyone is injured or killed in the accident Get a Report of Traffic Accident Form from your local DFA office or insurance commission. If you hit a parked car: Try to find the driver. You must leave behind your name, address and an explanation of the accident with the driver or with a note left on his car. If someone is injured: Try not to panic. The law requires that you give assistance to injured persons. Call an ambulance for injured persons - give first aid only if you know how. Do not move someone who is badly hurt as you might make the injury worse. However, you should move someone who is in danger of being hurt worse or killed - even if you do make the injury worse. For example, if someone is thrown from a car onto the road, carefully move the person to a safer place. Warn other motorists. Turn on your car's hazard lights and lift the engine hood. If you have flares place them on the road. Get help: Call 911. Explain the situation and give your exact location. Tell them if you need an ambulance or a fire engine. If you don't have a phone - flag down a passing car and ask the driver to call 911. If the driver does not have a phone ask them to go for help. Information to gather at the scene of the accident: Be sure to get as much correct and complete information as you can at the scene. Many records are confidential under law, and you may not be able to obtain the information that you want from the Department of Motor Vehicles. You and the other driver should show each other your drivers' licenses and vehicle registrations. Make sure to write down: The other drivers - name - address - date of birth - telephone number - driver's license number insurance company The other drivers car - make - year - model - license plate number - vehicle identification number If the driver does not own the car, the car owners - name - address - telephone number - insurance company The passengers in the other cars - names - addresses - telephone numbers The witnesses - names - addresses - telephone numbers Ask them to stay to talk to the police. If they insist on leaving, ask them to tell you what they saw and write everything down. The law officer who comes to the scene's - name - badge number Ask the officer where and when you can get a copy of the police report. Draw a diagram of the accident Draw the positions of both cars before, during and after the accident. If there are skid marks on the road, determine how long they are. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or street lights. If you have a camera with you - take pictures of the scene. The time and place of the accident. Make notes on the weather and road conditions. If the accident happened after dark, say whether street lights were on. Estimate your speed and the other driver's speed. If you think the accident is your fault: Cooperate with the police officer, but do not volunteer any information about whose fault the accident was. Anything you say to the police or the other driver can be used against you later. (You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are.) You should talk to your lawyer. Do not agree to pay for damages. Do not sign any paper except a traffic ticket until you check with your lawyer. If you get a ticket: Sign it. A ticket has nothing to do with your guilt or innocence. When you sign, you promise to appear in court. If you do not sign the ticket, the police officer can arrest you. Talk with your lawyer before you pay a fine or plead guilty to the charges. If you plead guilty, you may hurt your chances of collecting damages from the other driver later. Or, you may help the other driver to collect damages from you. Drunk driving. Driving with a blood alcohol level of 0.02% or higher can be illegal, and penalties for drunk driving are severe. Seat belts. You and your passengers can be given tickets for not wearing seat belts. Children under 3 years old must be protected by a special safety seat. You need auto insurance: A police officer may ask you to prove that you have auto insurance. You must show the officer your insurance company's name and your policy number. If you are not insured, you will be fined, and perhaps your vehicle will be impounded. Then, you must prove that your are financially responsible or you could lose your license. If you tell the officer that you have insurance when you do not, you can be fined, sent to jail or both. And your license will be suspended. Get a physical check-up after the accident: You and your passengers should get a check up, even if you feel fine. You could be injured and not know it right away. Your automobile insurance may pay your health care bills. Report the accident to your car insurance company: Ask your agent what forms and reports you need to fill out on the accident. If you are injured or your car is damaged: The person who pays depends on: - who is at fault - whether you and the other driver have insurance - what kind of insurance you have There are two major types of insurance: liability and collision. Liability. If you are to blame for a car accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy's limits. If you are not at fault, the other driver's liability insurance pays for your car damage and/or personal injuries. If you and the other driver both have car damage or injuries and you both are partly responsible for the accident, you and your passengers may be able to collect. If you loan your car to someone who has a accident, your insurance pays for the damages - just as it would if you had been driving. Collision. No matter who is at fault, your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible. You may have other insurance too. Your health insurance, for example, may pay your medical bills. Also, your automobile insurance may have medical payments coverage. If so, it will pay the cost of your medical treatment. This coverage can be used in place of your other health insurance or in addition to it. If the other driver does not have insurance: If the other driver caused the car accident and is not insured, your own policy will pay for your personal injuries - if you have uninsured motorist coverage. If the other driver's insurance is not enough to pay for all of your damages, your own insurance may pay the difference - if you have underinsured motorist coverage. It is highly recommended you purchase both uninsured and underinsured coverage! If you do not have these kinds of insurance or if your damages are more than the policy's limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. If you have collision insurance, it will pay for damage to your car, no matter who is at fault. If you have Medical Payments coverage, you can collect the amount of your medical bills only, up to the policy amount. If someone sues you: Contact your insurance agent and/or your lawyer right away. Generally, your insurance company will assign a lawyer to handle your case. But, if you are sued for more money than your policy covers, you may need your own attorney too. Also, insurance company lawyers do not handle traffic citations or criminal cases, such as hit and run charges. If you want to make a claim for your injuries: If the other driver was at fault, you may be entitled to compensation - for your personal injuries, pain and suffering, car damage, and other expenses, such as lost wages or the cost of a nurse needed after the accident. If you plan to make a claim do not delay. There are time limits for filing various types of claims - so act quickly. You will need your own lawyer. An insurance company lawyer cannot represent you if you are the person who is making the claim.