Don't Let an Accident Ruin Your Record


February 11, 2008
By Stephen G. Rodriguez, Attorney at Law on February 11, 2008 12:04 AM | | Comments (6)

Drivers experience bad luck from time to time, either allowing momentary distraction to cause an accident or finding an overanxious jogger late at night. However, hit and run accidents can cause major damage to ones driving record. They can be deadly, and lead to intense penalties.

Here are some tips for both ends of the accident, the offender and the victim:

For the Offender:

Do not leave the scene of the accident until you have spoken to the driver and, potentially, to the proper authorities. If the driver leaves the scene he or she can be penalized with up to six months in jail and a $1,000 to $3,000 fine.

Call the police if at all possible. A simple bump on the freeway may not necessarily warrant a 911 call, but when the driver of the other vehicle claims whiplash and sues your insurance company (thus driving your insurance costs through the roof) you'll wish you'd spoken to the police and had the accident documented.

Take the information of the person whose car/person you've damaged. This may come in handy for legal and/or insurance purposes.

Do not file a false claim with the police/insurance agency. Insurance fraud is a criminal offense, as is lying to the police. Should the matter escalate, jail time may be in order over a simple fender bender. If you find yourself however not following these tips, and in potential trouble with the law, you should consult a criminal defense attorney.

Victim

If at all possible, get the information of the automobile that has hit you and/or your vehicle. Get the license plate number, the type of vehicle (make, model, color, etc.) and if possible ID the person who was driving (as it may be a stolen vehicle, friend of the owner, etc.). Immediately write down every last bit of information in case you forget.

Keep a pen and paper in the glove compartment should you need to write down the information of a car quickly.

Talk to witnesses who may be able to help should there be a criminal investigation. Get names, telephone numbers and even ask them to write down their account of what happened. Should there be a "he said, she said" situation with police or insurance investigators, this will be a major asset.

Make sure you have collision coverage through your car insurance company. If you're the victim of a hit and run and your vehicle is totaled, you will only be covered on your car (and the loan if you are financing) if you have collision insurance.

Select your insurance company wisely. Don't just settle for cheap coverage so you have something to show the police should you get pulled over, instead make sure to review your policy, research your company and know exactly what you're covered for in the case of an accident.

6 Comments

This is a great explanation of the steps to take in case you are involved in an accident. Leaving the scene of an accident should NEVER be an option. If you are the one at fault, stand up and take responsibility!

Great tip!But how about if you hit somebody while driving but the one you hit was the one who ran away from the scene?

A very comprehensive blog cover many aspects of criminal law. Written in simple lanugage and easily understood.

I like the points you make. Another useful tip might be to use your mobile phone to photograph the actual positions of the cars and the general conditions at the time such as snow and ice.

Absolutely for the victim side get all the information, I got rear ended this past year and - luckily the cops showed up because I completely forgot to get his insurance info. Definately get as much information as you can!

Wow, I recently heard that a woman was driving around 1:00 a.m. on the freeway and "bumped" into something. So she called 911 and said she bumped into something but didn't see what it was. The news reports tells us that it was a man whose car had broken down on the freeway in the opposite direction but he had hopped the divider and apparently got hit and killed by this woman's car. However, the officials are declaring this as an accident. Is that right? Would she still need to inform her insurance company and does the insurance company keep that information on her file?