What should you do if you are involved in an automobile accident?
If you are involved in an accident, California law requires that you stop and exchange information with the other driver or party. This includes your name, address, driver's license number, vehicle identification number, license plate number, name and address of owner of the vehicle if not your vehicle, your insurance company, insurance policy number, and-or any other evidence of financial responsibility such as a bond posted with the Department of Motor Vehicles.
If someone is injured you are required to give reasonable assistance such as calling an ambulance and even rendering first aid if you know how.
If you need help you should call 911 for emergency assistance.
You should gather and exchange information at the accident scene and obtain from the other driver his or her name, address, date of birth, telephone number, driver's license number, insurance company, make of the other vehicle, license plate number, vehicle identification number, insurance policy number, registered owner's name and address if different from the driver. You should also obtain the name, address, and telephone number of any witness. You should ask the witness to stay and speak with the police or CHP. You should also obtain the name and badge number of any officer who comes to the scene, and ask the officer when and how you can obtain a copy of the accident report. You should also prepare a simple diagram depicting the names of the street or streets, or other accident scene information.
If you believe that the accident is your fault, do not volunteer any information about fault. It is always better to speak with your insurance agent, and attorney, or both before any admission about fault is made. It could be that you are not at fault or that the other party is also significantly at fault.
California law mandates financial responsibility for anyone who owns or operates a motor vehicle upon the highways of this state. Typically, this requires that you have liability insurance. Evidence of financial responsibility is most often an insurance card issued by your insurer.
You should get a physical check-up or examination after an accident if you have any concerns about your health. Often times, you do not know that you are injured immediately following an accident and sometimes injuries are not noticed for a day or more.
You have to report any accident wherein there is any injury to any person or if there is property damage of more than $750.00.
The party responsible for the accident should pay for your property damage and other damages and expenses, including your injuries. However, somethimes the other driver or his or her insurance company disputes liability or fault. In other situations, the responsible party or his or her insurance company dispute the amount of the damages. Protecting you from these disputes often requires that you obtain competent legal counsel.
If the other responsible driver or owner does not have liability insurance, you are able to pursue a claim with your own insurance company if you have uninsured motorist coverage with your personal automobile insurance carrier. In effect, your insurance company insures the uninsured motorist through the additional premium that you have paid for this coverage.
If the other responsible driver or owner does not have liability insurance limits that are as high as the uninsured motorist limits that I have on my policy, you may pursue an under-insured motorist claim. Your insurance will insure or cover the difference between the other party's insurance limits and your uninsured or under-insured motorist limits. Thus, if you had a claim that was worth $100,000 or more and you had uninsured motorist limits of $100,000, and if the other responsible party only had minimum coverage of $15,000, you could puruse an under-insured motorist claim with your insurance company for the difference of $85,000.00.
Kim James Kakadelas, Esq. has handled numerous claims of all types, including a multi-coverage under-insured motorist claim wherein he collected for his Client the minimum $15,000 liability limits of the responsible party, and additional $85,000 from the owner of the vehicle he was driving (the uninsured motorist limits on the vehicle were $100,000), and another $150,000 from his Client's insurance carrier where he had uninsured/under-insured motorist limits of $250,000.00.