John S. Buzas and Samuel E. Gabriel

What Should I Do If I Have An Auto Accident?

• If I am in an auto accident, do I have to stop?

Yes, California law says you must stop - whether you are in an accident that involves a pedestrian, a moving car, a parked car or someone's property. If you drive away, you are guilty of "hit and run" - even if the accident is not your fault and even if the only damage is a small dent in a parked car or a neighbor's fence.

Hit and run penalties are severe. If the accident causes only property damage, you can go to jail for as long as six months or pay a fine of up to $1,000 or both. If someone is injured or dies, you can go to prison for up to three years or be fine $10,000 or both. Your license can be taken away, too.

If you hit a parked car, try to find the driver. If you cannot, the law says you may drive away only after you leave behind your name, address and an explanation of the accident. If you are driving someone else's car, you must leave the owner's name and address, too. Write the information on any paper handy and put it where the driver of the damaged car will find it easily.

If you hit a parked car and cannot find the owner, you must notify the local police or California Highway Patrol (CHP) either by phone or in person.

Call the police or CHP, too, if the accident caused a death or injury. An officer who comes to the scene of the accident will make a report. If an officer does not show up at the scene, you must make a written report within 24 hours. You can pick up a report form at the police department or highway patrol office.

• What should I do if someone is injured?

The law requires you to give "reasonable assistance" to injured persons. For example, you may need to call an ambulance, take the injured person to a doctor or hospital, or give first aid - if you know how. If you think you will get in trouble for being a good Samaritan, you are wrong. California law says that you are not "liable" or responsible if you act in a reasonable way. In fact, you could be liable if you did not give reasonable aid.

If someone is badly hurt and you are not trained in first aid, do not move him/her; you might make the injury worse. However, if the person is in danger of being hurt worse or killed, you should move him/her even if you do make the injury worse. For example, suppose a woman is thrown from her car onto the middle of the highway. Since she is almost certain to be hit by another car, you should move her carefully to a safe place.

To avoid additional conditions, try to warn other motorists that an accident occurred. Place flares on the road, turning on your car's hazard lights and lifting the engine hood are good ways to warn oncoming traffic.

• What information should I gather at the accident scene?

The law says you must show your driver's license to the other driver, if he/she asks to see it. And the information on the license - name, address, telephone number and driver's license number - must be up-to -date. You also should be prepared to give your car license number and vehicle registration, the year and make of your car and the name and address of you insurance company. If the car is not yours give the name and address of the owner as well.

Be sure to get the same information from the other driver. Ask to see the person's driver's license and vehicle registration and copy of the information from both front and back. Get the names and address of any passengers in the car, too.

If there were witnesses to the accident, you need their names, addresses and phone numbers. Ask them to stay at the scene of the accident to talk to the police officer. If they insist on leaving, ask them to tell you what they saw, and write everything down.

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?

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.

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 geta 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.

If you and the other driver both have car damage or injuries and both are at fault, California has a "comparative negligence" system that may let you collect from the other driver or his/her insurance company - even if you were partially to blame for the accident. At the same time, the other driver also may be able to collect from you - even though the other driver was partly at fault. How much each of you will collect from the other will depends on the amount of your damages and on how much each of you is at fault.

Collision. Your collision insurance covers damages to your car, minus the policy deductible, no matter who is at fault. Collision insurance does not cover personal injuries or damages to another car involved in the accident.

• What happens to me if the other driver does not have insurance?

If you have collision insurance, damages to your car will be covered, no matter who is at fault. However, suppose the other driver caused the accident and does not have insurance that will cover your personal injuries. In this instance, you can collect from your own policy if it has an " uninsured motorist" clause. If you do not have uninsured motorist insurance or if your damages are more than the policy limit, you can sue the other driver. However, even if you win the case, you cannot be sure the other driver has the money to pay for the damages he/she has done.

• What if someone sues me?

You should contact your insurance agent and/or your lawyer right away.

• What if I want to sue someone?

If your expenses for personal injury or car damage are more than the other driver's insurance company offers to pay, you may want to sue. Also, you could be entitled to payment for other expenses or losses, such as lost wages. You can sue for pain and suffering, too.

If you want to sue you will need your own lawyer. Do not delay, there are time limits for filing various types of claims, sometimes as little as 100 days.

Many lawyers take auto accident cases on a "contingent fee" basis. If you and the lawyer agree to a contingent fee, you will not be charged lawyer's fees if you lose the case. If you win, you pay the lawyer a percentage of the money you are awarded. Win or lose, you may have to pay court cost. Most lawyers suggest a percentage based on how difficult the case is. Usually, the percentage is less if the case is settled out of court or before the lawyer does all the work necessary to go to trial. Be sure you understand exactly what the lawyer's percentage will be and how it might vary. Ask if the percentage is taken from the amount you are awarded before or after court costs and expenses are subtracted. Also, ask whether you must pay court cost directly or if the lawyer will pay and bill you later. Be sure to ask your lawyer to put the fee agreement in writing.

Gabriel & Associates
801 Pacific Avenue
Long Beach, CA 90813
Phone: 888-726-6942
Phone: (562) 436-9292
Fax: (562) 436-3131
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