If you have recently been in an accident, reporting the incident—both to the right parties and within an adequate time frame—is of the utmost importance for auto accident claims. Properly reporting your accident not only lays the foundation for your claim, but can save you from a number of damaging consequences that can follow an unreported collision.
Nonetheless, I’ve found that many of the people who contact me for a consultation don’t know who they need to call, how long they have to make those calls and how to report their accident in a way that will ultimately improve their chances of receiving an adequate settlement. In this article, I want to tell you what I tell all my prospective clients about reporting an accident.
Who and when to call:
The Police
If a police officer came to the scene of your accident, then it’s not necessary for you to file a police report. The officer has already done so. However, if neither you nor the injured driver called the police at the time of the accident, doing so may not only be a good idea in terms of your legal claim, but may also be mandated by law.
As I’ve alluded to, there are two reasons to file a police report following an auto accident. Though a great many people don’t know this, the first is that you are legally required to report the accident to the police if the incident meets certain conditions. State law requires a police report if anyone was injured or if the property damage from the accident exceeds a certain monetary threshold.
Second, filing a police report allows you to create an official record of the incident from your perspective. The police report is a critical document in personal injury cases. Questions about who was at fault and the extent of your injuries may ultimately be answered by this account of what happened. If, for example, the report indicated that you were able to walk under your own power after the accident, the insurance company may use this to challenge your claim for compensation to pay for medical bills. (Of course, this challenge is made out of a willful denial of the fact that many injuries don’t become symptomatic until some time has passed.) That’s why I tell prospective clients not to pass up on this precious opportunity to turn their version of the accident into an official record.
The DMV
State law may also require that you contact the Department of Motor Vehicles following an accident. In California for example, one of states in which I practice law, you must contact the DMV if the accident met one or both of the following conditions: if property damage as a result of the collision exceeded $750 in value, or if anyone was injured, no matter how slightly. The law of your state may provide only a short window of time in which to submit the proper forms to the DMV. California drivers have only 10 days.
What if you fail to report the accident or if you wait too long to do so? Unfortunately, you may face a suspended driver’s license. And ignorance is no defense, trust me. I’ve talked to drivers whose licenses have been suspended because they weren’t aware of this legal obligation.
Your Insurance Company
An auto insurance policy is basically a contract in which both you and your insurance carrier agree to take certain actions in the event of an incident that falls under the terms of the contract. By purchasing this policy, you are agreeing to promptly report any auto accident you experience while you are covered. What’s more, your policy may dictate that you have only a very short time in which to notify them of the incident.
Though you clearly must contact your insurance company, an important note of caution is needed here. Unlike the police and the DMV, your insurance company has a vested interest in the outcome of your case. The problem is that it may not be clear at first whether this interest runs for or against you. In many cases, your insurance company will be on your side, hoping to hold the other driver’s insurance carrier financially accountable for whatever damage resulted or injuries you sustained. However, this isn’t always the case.
When talking to prospective clients, I will offer this rule of thumb: be very careful when speaking to someone whose job it might be to undermine your claim before it even starts. A representative from the other driver’s insurance company certainly fits this description. However, a friendly voice from your own insurance company may also turn out to have been coming from just such a person.
I hope you have found this information of value, and that it underscores the benefit of a free consultation with an experienced personal injury attorney.