At the scene of your car accident, be careful what you say when talking to the other driver about the cause of the accident, even if you are certain that the accident was your fault.
Statements made by the drivers at the scene can have a huge impact on the “Who pays” decision. If you blurt out, “I’m sorry, that was totally my fault, I didn’t see you,” you just volunteered to take on the financial consequences of the incident and eliminated other potential causes or responsibility for the accident. While you may feel you did cause the collision, there may be other circumstances that you are not aware of that also need to be considered.
Maybe you didn’t see the other driver, but maybe that was because the other driver:
- Ran a red light
- Didn’t have the vehicle’s headlights on
- Was driving too fast for you to react and avoid the collision
Under any of these circumstances (and there may be others yet), there may be a very good reason why you “didn’t see” the other driver. The possibility exists that the other driver may be culpable, all or in part.
You May Be Wrong
As illustrated in the example above, the main reason you should be careful of what you say at the accident scene is because you may simply be incorrect about the events. Your nervous system is under terrific stress immediately after an accident; you may be in physical pain and not thinking clearly. So, watch what you say, and to whom you say it. Only talk to the police officer about how the accident happened, and stick to the facts, not your opinion.
Your Statements May Be Misunderstood
While your statements at the scene could be correct, there is a large chance that even your perfectly correct statements could be misunderstood or misinterpreted by others. Witnesses can misunderstand what you say, and later claim that you said something different. Even a simple statement like “I was paying attention” could be heard as “I wasn’t paying attention.” A simple “I’m sorry” can be interpreted as an admission that you caused the accident (when all you meant to say was you are sorry that the accident itself happened, no matter who caused it).
Your statements at the accident scene can protect you or hurt you. It’s best not to say anything to anyone until a law enforcement officer arrives on the scene.
What To Do At The Scene Of An Accident
Check yourself for injuries. Your body’s adrenaline can mask pain in stressful situations so be sure that you and your passengers are uninjured. Injuries suffered in accidents often take 24-48 hours to manifest, so do not discuss your physical condition with anyone.
If you are uninjured and your car can be safely moved, as in a fender bender type incident, move your vehicle to the side of the road.
Call 911 to report the accident.
If there were any witnesses, obtain their name(s) and contact information.
To the extent that you can safely do so, take photos of the damage to both vehicles. Even if you are at fault, photos taken at the scene can assist adjusters in determining how much damage you caused versus any pre-existing damage. They can also help prevent your insurance company from paying for damage unrelated to the accident.
Obtain the other driver’s insurance information, contact information and driver’s license number. If possible, photograph their license plate and driver’s license. In the event that you are given a phone number, call it before leaving the scene to verify accuracy.
Please don’t hesitate to contact us with any questions or concerns you may have. We’re always happy to help, whether you’re a current client or not.