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1.
STOP AT THE SCENE
State law generally requires that a vehicle involved in an accident wherein
a person is injured or damage is done to some property shall immediately
stop at the scene of the accident or as close to the scene as possible
without obstructing traffic more than is necessary. After stopping, remain
at the scene of the accident to aid the injured, protect the scene, report
to the police, and gather information.
2.
ASSIST THE INJURED
If someone is injured, give first aid if you are qualified and call for
an ambulance. Remember to note the location of the accident before you
call. You must give the ambulance dispatcher the name and number of the
street as well as the direction in which the cars were travelling at the
time of the accident. Do not move the injured person unless you know what
you are doing. Good intentions on your part may result in further injuries.
3.
PROTECT THE SCENE
Warn approaching vehicles by raising the hood of your car and using your
hazard warning lights. In addition, for nighttime accidents place flares,
reflectors, and/or flashlights on the road.
4.
CALL THE POLICE
Call the local Police or the State Highway Patrol immediately so that
an officer can investigate the accident. An official police report may
greatly assist you later with any insurance claim or liability claim.
Ask the officer how to get a copy of the accident report and note the
officer's name and badge number.
5.
EXCHANGE INFORMATION
Exchange information with the driver of the other vehicle. Virginia law
requires only that you give your name, address, driver's license number,
and vehicle registration number. However, you should give and receive
all of the following information: Name, address, phone numbers, driver's
license number, date of birth, social security number, occupation, vehicle
make, model, registration number, and tag number, name of insurance company
and policy number. If the driver of the vehicle is not the owner, make
sure you also get all of the above information for the owner.
6.
IDENTIFY PASSENGERS & WITNESSES
Obtain the names and addresses of all passengers and witnesses as soon
as you can -both eyewitnesses and all others who might have some information
about any of the circumstances of the accident. After writing down their
names and addresses, attempt to obtain from these witnesses a statement
as to what happened and have them, if they will, write it down at the
scene. Always have a pencil and paper, as well as a copy of this Web Page,
in the glove compartment of your car.
7.
DO NOT ADMIT RESPONSIBILITY
While exchanging and gathering information about the accident, it is extremely
important that you do not admit responsibility for the accident. Keep
your own notes and comments strictly to yourself. Admit nothing and sign
nothing even if you think you are in the wrong. Your emotions at the time
of the accident may deceive you.
8.
ASSIST THE OFFICER
Remain at the scene, unless injured, until the officer arrives. Cooperate
with the officer by advising him of the basic facts of the accident only.
Remember: no one can force you to give an opinion as to the cause of the
accident at the scene, at police headquarters, or elsewhere. You have
the right to consult a lawyer before making any statement. If it is a
serious accident, consult a lawyer as quickly as possible. Any statement
made may be used as an admission, so it is important that you contact
a lawyer as soon as possible before making any statement. If you receive
a traffic ticket, it does not mean that you are guilty of a traffic offense
or that you are responsible for the accident, and when you go to court
you should never plead guilty. Before going to court, always consult your
lawyer.
9.
MAKE A DIAGRAM OF THE ACCIDENT SCENE
Make your own written notes on all significant circumstances concerning
the accident. Show position of cars after the accident. Step off exact
distances of skid marks and other important distances. Be certain that
you can at a later date point out on the road where the vehicles collided
and where they came to a stop. If you or someone else has a camera at
the scene, take pictures to preserve skid marks, position of cars, and
other physical evidence that will disappear after the accident.
10.
TOWING
Before you allow a tow truck driver to pick up your car, be sure to ask
the driver how much it will cost and tell the driver where to take your
car. Get the name, address and telephone number of the driver and the
towing company.
11.
WHEN TO LEAVE THE SCENE
Unless your injuries compel you to do otherwise, do not leave the scene
of the accident until you have, as outlined previously, assisted the injured,
protected the scene, called the police and briefly explained the facts
of the accident, identified the other driver, obtained the names, addresses,
and statements of all witnesses, made notes, and filled out the Accident
Information form and diagram at the end of this pamphlet.
12.
SEE A CHIROPRACTOR OR OTHER QUALIFIED PHYSICIAN
Serious and costly injuries do not always result in immediate pain, broken
bones, or bleeding. You may not be aware of your injuries until hours
or even days after the accident. If you start developing any neck or back
pain, soreness, headache, or other similar symptoms at anytime after the
accident, go to a chiropractor or other physician as soon as possible,
preferably within 24 hours. Chiropractors are particularly skilled in
treating the types of injuries suffered in most automobile accidents,
and can generally see new patients without significant delay. Your Automobile
Insurance Medical Payment Coverage, if available, will pay for your chiropractic
examination and treatment, as well as any other medical services, and
you should always make use of this insurance coverage regardless of who
is at fault in the accident.
13.
INFORM INSURANCE COMPANY
Call your insurance company's claims department as soon as possible after
the accident, regardless of who caused the accident. Failure to make a
prompt and correct report may affect your rights. Follow up your phone
call with a written notice and save a copy for your files. The written
notice should contain only the date, time and place of the accident, along
with the names, addresses and telephone numbers of the other drivers,
injured persons, passengers, and witnesses. You should also file a claim
as soon as possible with the other driver's insurance company. Do not
give any oral or written statement to any insurance representative until
you have consulted with your attorney.
This Web site
provides general information only. Laws develop over time and differ from state
to state. This Web site does not provide legal advice about specific legal problems.
Let The Law Firm of Evan H. Farr, P.C. advise you about your particular situation.
Copyright
(c) 1995-2004 The Law Firm of Evan H. Farr, P.C. All Rights Reserved
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