YOU JUST GOT INTO A CAR ACCIDENT, NOW WHAT?

You were driving along peacefully on your daily commute or to a weekend getaway, when the unexpected happened - you've been struck by another driver. So, what do you do now? This article will help clear up what you should do to protect yourself and any type of claim by providing some general guidelines.

#1 - Make Sure That You and Other Drivers are Safe.

The very first thing that you want to do is ensure the safety of yourself and others. Oftentimes people get so caught up in the accident that just happened, they do not think about the hazard or danger they could be in as a result. The last thing you want is for a minor accident to turn into a major one by having your car remain in the lanes of travel and being hit by a second driver. In fact, Arkansas statute currently requires that you remove your vehicle from the roadway so long as it is not disabled and there is no apparent injury to an persons involved. A.C.A. § 27-53-102.

So, assess the scene, and if your vehicle is not disabled and you are not injured, move your vehicle from the roadway in order to protect yourself from any further dangers.

#2 - Call the Proper Authorities.

Once you have put yourself and other drivers in a safe position, it is time to alert the proper authorities. Depending on the severity of the accident this could change. According to Arkansas Law if you are the driver of a vehicle involved in an accident resulting in injury to or death of any person or there appears to be three thousand dollars or more of property damage, you are required to notify the police. A.C.A. § 27-53-202. Further, even if you are a passenger, you may be required by law to notify the Police if your driver has been incapacitated.

You want to notify the proper authorities as soon as possible for a couple of reasons: First, they might take a while to respond to the scene of the accident, depending on their availability, and the last thing you will want to do after an accident is sit around and wait; Second, an accident report that is prepared close in time to the accident has a higher likelihood of being accurate; Third, Injuries that are unapparent to you might be observed by those who deal with accidents more often; Finally, the authorities can help protect your rights, if someone's information is invalid you would have no way of knowing but the police have tools unavailable to you that can help them verify that information so that there is a better chance that the other driver does not become a ghost in the wind.

#3 - Gather Information.

You have alerted the police of your accident, and the dispatcher has told you that they are on their way, now what? Now you can take some time to gather information. You should exchange information with the other driver or drivers involved, you should get their name, a good contact number, their driver's license number, their license plate, and their insurance information. If at all possible, you should take photos of each of these pieces of information so that you have a backup for that information so that you do not have to rely on your memory or on not losing some paper. It is vitally important that after you take the photos you make sure the information in them is readable.

You should also gather as much information as you can about the accident itself. Takes note of all the damage to your vehicle and the other vehicles involved, take pictures and try to make sure those pictures are an accurate depiction of the damage. Taking multiple angles of the same damage can help with that depiction. You should also take note of location of the accident, were you at an intersection, the downslope or upslope of a hill, the more information you can get the better.

Finally, were there any witnesses to the accident that have let you know they saw what happened? If so, gather their contact information as well.

#4 - Get yourself checked out.

You have gathered information, given a statement to the police and made it safely back home, that should be everything right? Well, almost. If you are feeling any type of pain or discomfort in the days following the accident, at all, you should go seek the appropriate medical attention. Whether you felt immediate pain at the scene of the accident or the pain started to creep in the following morning, the best thing you can do to protect your rights is to get checked out.

It is fairly common for people involved in accidents to not feel any discomfort at the scene due to adrenaline and then wake up the next day and be in extreme discomfort or pain. The last thing you want to happen is for you to ignore that pain hoping that it goes away and have it linger. Even if you are uncertain of the benefit medical treatment could provide, at the bare minimum it will provide you with some peace of mind, and it will protect any potential claim you may need to make.

#5 - Make your claim.

This final step brings closure to the accident. Its possible that the only thing damaged in the accident was your vehicle, and the other driver has graciously offered to either cover it themselves out of pocket or have their insurance cover it. They may even offer to cover your medical costs. However, if they do not accept responsibility, you may be required to make a claim against them and seek compensation from their insurance or potentially your own.

You can make that claim against the insurance yourself but you may want to consider getting the help of a professional. If so, your best bet would be to find an attorney in your area or enlist the help of a local law firm. An experienced attorney will be able to help guide you through the process and make sure that your claim is protected.

If you are located in Arkansas or the Texarkana area and would like to discuss your potential claim with a professional, Tinger Law Firm can be contacted at (949) 402-4857.