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If a police officer comes to the scene of the accident, write down the officer's name and badge number. Then ask the officer where you can go to get a copy of the accident report and when will it be ready. As soon as you can, make a simple diagram of the accident. Draw the position of both cars before, during and after the accident. If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights. Make note, too, on weather and road conditions. If the accident happened after dark, say whether streetlights were working. Try to estimate your speed and the other driver's. Be sure to note the exact time and place the accident happened. If the accident caused a death or serious injury, ask the police officer to take photographs. If I think the accident is my fault, should I say so? |
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| Gabriel
& Associates 801 Pacific Avenue Long Beach, CA 90813 USA phone: (562) 436-9292 fax: (562) 436-3131 voice: (800) 801-7221 email:info@gabriellaw.com |
Do
not volunteer any information about whose fault the accident was. You
should talk to your insurance agent, your lawyer or both before taking
the blame. 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. Anything you say
to the police or the other driver can be used against you later.
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You should not agree to pay for damages or sign any paper except a traffic ticket without first checking with your insurance company or lawyer. However, you certainly should cooperate with the police officer investigating the case. But stick to the facts; do not give opinions. Be as specific as you can without guessing. What if I get a ticket? Sign it. A ticket has nothing to do with your guilt or innocence. When you sign, you merely agree to appear in court. If you do not sign the ticket, the police officer can arrest you. While it is okay to sign the ticket, do not plead guilty to any charges until you speak with your lawyer. If you do plead guilty, you may hurt your chances of collecting damages from the other driver later. Should I see a doctor after the accident? You do not have to go see a doctor, but it may be a good idea to get a checkup. You could be injured, even quite seriously, and not know it right away. If you are in doubt, it is best to at least call your doctor. The same is true for passengers in your car. Do I have to report the accident? Yes. First of course you need to call the CHP or local police. Second, report the accident to your insurance company. Ask your insurance agent to help you make other necessary reports on the accident. Third, both you and the other driver(s) must report the accident if to the DMV within 15 days if: the damage to either car is more than $500 or anyone is injured or killed in the accident. You can get the right form, called the Report of Traffic Accident (SR-1 form), from you local DMV office, local police, or insurance company. What happens if I do not have insurance? If you do not have insurance that covers the accident or another way of proving that you are financially responsible, the DMV will suspend your license. The law says that you must prove financial responsibility even if you are not to blame for the accident. Who pays if I am injured and my car is damaged? That depends on whether you and the other diver have insurance - and on what kind of insurance you have. There are two major types of insurance - liability and collision. Liability. If you are to blame for an accident, your liability insurance will pay the other drivers. It covers his/her property damage and personal injury up to the policy limits. If the other driver is at fault, his/her liability insurance pays for your car damage and/or personal injury.
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