What To Do . . . If You Are
Involved In An Auto Accident
Sooner or later, just about everyone has a traffic accident. According to the National
Highway Safety Administration, the average motorist will have an automobile accident once
every ten years.
Even minor accidents can make you anxious or angry. However, if you have an
accident, you must behave logically and calmly. To help you do so, we have prepared this pamphlet.
Print it and keep a copy in the glove compartment of your vehicle.
Stop!
No matter how minor the accident is, you must stop as close as possible to the
scene of the accident, without obstructing traffic. Failure to stop can result in a fine and
even a jail sentence.
Render Aid
Maryland law requires you to give reasonable assistance to anyone injured in the
accident. If that person requests medical treatment, or it is apparent that medical
treatment is necessary, you must arrange to get the person to a doctor or hospital. You
can get emergency aid by calling "911."
Protect the Scene and Those Involved
From Further Damage or Injury
If your accident has obstructed the roadway, take steps to warn approaching drivers.
Many times secondary accidents, when approaching vehicles strike stopped or immobilized
vehicles, are even more serious than the primary accident.
Call the Police
Police officers can be enormously helpful at the scene of an accident. They can
provide or get emergency medical care. They can protect the accident scene. They can
investigate the cause of the accident.
Except in the case of minor "fender benders," do not move the vehicles until the officer arrives. Encourage witnesses to stay. If
there are injuries, the officer must write a report. Make sure that all the witnesses and
evidence are in place when the officer arrives.
You can get a copy of the accident report by contacting the police agency that
prepared it. Be sure to note the name of the officer and the police agency that he or she
represents.
Gather Information and Write It Down
If the cars are damaged, or people are injured, there may later be legal claims.
Under the Maryland fault system, the driver who caused the accident must pay other
drivers, passengers or pedestrians for their damaged cars and injuries. Thus, to be paid
for your injuries and other losses, you must be able to prove that another driver caused the
accident.
In Maryland, you also must be able to show that you were not a cause of the
accident. Any carelessness by you -- called "contributory negligence" -- can completely
defeat your claim against the other driver. Therefore, carefully recording important
information concerning your accident will protect your rights.
Don't rely on your memory. Over time, you will forget details which could be
important. At the scene of the accident, or as soon afterward as possible, write a narrative
description of the accident. Include all the details that you can recall. Make a diagram of
how the accident happened. Take pictures of your damaged car. If you can, take pictures
of the other car.
Get the other driver's name, insurance company and insurance policy number. By law, each driver must give this information to any other person involved in the
accident.
Be Careful What You Say
Statements made at the scene of an accident may be affected by the emotion of the
moment, and may not be accurate. Even if accurate, others may later misquote them or
misconstrue them. Accordingly, make no admissions of fault at the scene. Discuss the
accident only with the investigating officer, and, later, with your attorney and your insurance
company.
Get Necessary Medical Care
Not all serious injuries result in immediate pain or bloodshed. You may not be
aware that you have been injured until later. One reason for this is that your body
produces a pain killing hormone called endorphin when you are in an accident. Endorphins
mask the pain until later.
Seek medical attention as soon as you have symptoms of an injury. Do so no
matter how slight your injury seems. You could be injured more seriously than you think.
Prompt medical attention could be important.
Continue to see your doctor until you are released from treatment. Each visit not
only gives you needed treatment, but the doctor's records of the visits are also evidence
which verifies the nature and duration of your injuries. This verification can be very
important if you later make a claim for compensation.
You must be completely open and truthful with your doctor when discussing your
injuries so you can receive the best possible treatment. However, your conversations with
your doctor are not "privileged" in Maryland. They can be used in court.
Inform Your Insurance Company
Your insurance policy requires you to report any accidents to your insurance
company. Failure to report the accident promptly may allow your insurance company to try to
void your policy, leaving you without insurance coverage for the accident. Therefore, notify
your insurance company of the accident and cooperate completely with it. If claims are
made against you as a result of the accident, your insurance company will defend you. If
you are sued, they will hire a lawyer to represent you.
On the other hand, a claims adjuster or investigator for another driver's insurance
company may contact you. The adjuster may come to see you and ask you to give a
written statement. More likely, the adjuster will call you and ask you to give a recorded
statement over the telephone. DO NOT GIVE A STATEMENT, at least not until you have
had a chance to sort out your thoughts about the accident, talk to your insurance company
and get any legal advice that you want. Politely tell the adjuster that you do not want to
give a statement or talk about the accident. Your initial silence will not be held against you
in resolving any claims that you may later make.
Report the Accident to the Motor
Vehicle Administration
If an accident results in personal injuries, a report must be filed with the Motor
Vehicle Administration within 15 days after the accident. Unless a police officer has filed
an accident report, you must do so. You can get Accident Report forms from your local
police or the MVA.
To learn more about what you should do if you are involved in an auto accident
contact us.
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