What to do in the case of an accident

Screeching tires, crunching metal, it happens in a split second. And with ice and snow on the roads, this time of year is prime for fender benders and major collisions. If you’ve ever been in a car accident, even a minor one, you know how upsetting it can be. It’s hard to think straight and know what to do.

Let’s review what you should do in case of an accident:

• You should always stop. Leaving the scene of an accident is considered a crime, even if it’s not your fault. Hit and run penalties can be fairly severe, possibly resulting in steep fines, loss of your driver’s license or even jail time.
• Call emergency services, if necessary, as soon as possible. Tell the operator if medical or fire help is needed. Perform first aid if you are able.
• Warn other motorists by putting out flares, using your flashers or lifting your hood.
• Always attempt to file a police report.** It’s tempting to skip this if everything seems to be ok. But without a police report, the other driver can say whatever s/he wants about the accident later, and you’ll be without an objective report to help defend yourself. (** Note: We say “attempt” because a 2009 Illinois law requires drivers to file a police report only if someone is injured or if the estimated damage exceeds  $1,500. If it’s a minor accident, the policy may choose not to respond, or they may tell you there’s no need to file a report.)
  
• Discuss the accident only with the police. Emotions are strong after an accident and we naturally want to talk about it. Don’t do it! And never admit fault or guilt to anyone, including the police officer. Sometimes we may feel at fault, but in the eyes of the law, the other party may be responsible.
• Give the officer the facts truthfully. For example,  “I was going thirty miles an hour” vs. “I wasn’t speeding.” Remember, anything you say to the officer or anyone else can be used against you.
• Write down the officer’s name and ID number and ask how you can obtain a copy of the accident report.
• Get the facts on the driver and owner of the other vehicle, including the following: name, address, phone number, date of birth, driver’s license number and expiration date, insurance company and policy number, the vehicle make and model, the vehicle license plate and the vehicle identification number (VIN). (Most insurance companies will track the vehicle by VIN vs. license plate.)
• Ask witnesses, including passengers, to wait for the police. If they can’t wait, ask for contact information and request that they write a brief description of what they saw. If someone refuses to leave their name, write down their license plate number so the police can track them down later if necessary.
• Call your insurance agent or your insurance company as soon as possible.
• Call or see a physician if you think you may have been injured.

We hope that you never have to use this information, but remember, you’re always welcome to contact us if you have any further questions—especially as it relates to repairing your car after a crash. That is a matter for a different blog post.

Read the Illinois Rules of Road.

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