What To Do After A Car Crash

As an attorney who represents those injured in car collisions, I am often asked questions about what to do in the aftermath of a crash.

The choices made at the scene and immediately thereafter may affect your right to recover. Here are the top 10 questions that I am asked by clients following car crashes.

Question 1: What do I do in the event of a collision?

Answer: No matter how minor a collision may be, you must stop. Failure to stop may result in serious criminal penalties. In the event of a minor non-disabling collision, you should stop your vehicle nearest to the point, without obstructing the flow of traffic. In the event of a more serious collision, vehicles should not be moved.

Question 2: Who should I call first?

Answer: If you or anyone is injured, you should perform first aid to the extent that you are qualified. A doctor and ambulance should be called immediately. An injured person should not be moved in any way that might aggravate an injury. You should call a state or local police officer. They are trained in collision investigation and their expertise may be crucial to establishing an accurate record.

Question 3: What information should I obtain from the other driver?

Answer: Gather as many facts as you can. Do not trust your memory. Write down the name, address, telephone number, license plate number, driver's license number, date of birth, owner of the vehicle (if different from driver), employment information (if other driver is working), insurance carrier, with policy number, and any other available information with respect to the other driver. The law requires that a driver's license, vehicle registration and insurance carrier information be shown by persons involved in a collision. Make sure to obtain the name, address and phone numbers of any witnesses. A copy of the police report number, if any, will be most important. If circumstance allows, photographs of the scene, vehicle and your injuries should be taken.

Question 4: What should I say at the scene?

Answer: Obviously, you should cooperate with the police investigation. However, do not admit responsibility, even if you think the collision was your fault. Through additional investigation, you may later learn of other facts, suggesting that the other driver was at fault. Statements made in haste may be misconstrued or later misquoted by others. Discuss the collision only with the investigating officer, your health care provider, your insurance company and your attorney.

Question 5: When should I see a doctor?

Answer: Serious injuries do not always result in broken bones and bloodshed. Go to the hospital or consult with your doctor if there is any chance that you may be injured. Due to the shock and trauma of the collision you may not be able to immediately assess less-obvious injuries. With muscle and ligament injuries, it is not uncommon to feel fine at the scene and to first experience the onset of pain 24 to 48 hours later.

Question 6: When do I call my insurance company?

Answer: You should call your insurance company as soon as medical emergencies have been addressed and once you have consulted with counsel. Failure to promptly notify your insurance may affect your coverage and leave you without insurance for damages resulting from a collision.

Question 7: When do I call my attorney?

Answer: If you have been injured in a collision, or if you are facing trial on a traffic violation, the sooner your attorney is advised, the better. Your attorney will be helpful in handling matters with your insurance company and the other driver’s insurance company. Your attorney will be able to obtain necessary evidence, such as statements from witnesses while memories are fresh, the crash report, photographs of the scene and vehicles, medical reports and bills, and lost wage documentation. It is important not to discuss matters with the other driver's insurance company because any statement made will be used against you later. An attorney will also be of assistance in collecting benefits under your own personal injury protection (PIP) coverage.

Question 8: What if the party at fault is uninsured?

Answer: Uninsured or underinsured motorist coverage is provided to all Maryland drivers. If the other driver is at fault, an attorney may be helpful in negotiating a settlement or, when necessary, filing suit in order to ensure that your insurance carrier pays for all of your losses including medical expenses, lost wages and non-economic damages, such as pain and suffering.

Question 9: Won't my premium go up if I file a claim?

Answer: Under Maryland law, premiums may not be increased when you make an uninsured motorist or PIP claim.

Question 10: How much will I recover?

Answer: The law provides for reimbursement for out-of-pocket expenses.  These include lost wages (even if you have disability pay or take sick time from your employer), medical expenses (even if you have health insurance), other out-of-pocket expenses and non-economic damages, such as pain and suffering, disability, inconvenience and disfigurement. Married couples may recover for loss of consortium; that is the detrimental effect the collision has on the marital relationship.

If you or a loved one is the victim of a careless driver, you will have many questions. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions. David Diggs is an experienced and auto tort lawyer, recognized as a leader in the area. If you need further information regarding this subject, contact the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 204, in Millersville. Call 410-244-1189 or email david@diggslaw.com.