Accident Tips for Consumers

SCREECH! CRASH! BANG! You have properly heard these distinctive sounds at one time or another and have turned your head to see what created those noises. But how many of you have had to slam on your brakes, hearing the squeal of your tires and bracing yourself for the inevitable sound of crunching metal and breaking glass? Although the collision event is over in fractions of a second, you will undoubtedly be confused as to what you should or need to do after it. Following a collision event, no matter how minor, most people are confused, disorientated and unsure of what to do. Many times, they have no one they can turn to. We all know that after a collision event, everybody you know becomes an expert lawyer, body man and insurance agent, usually offering partially — or completely — wrong information. The following article should be used as a guide with some helpful tips to help your consumers through this type of traumatic event.

1. Think of your safety first.

You might think safety is paramount in a more serious crash, but minor collision events can be just as dangerous. In many states, the law requires you to stop after a collision, but it is important to pull safely out of any driving lanes and onto the side of the road, even if traffic behind you is stopped. This is to avoid a secondary collision from some driver paying more attention to the collision (known as "rubbernecking") than the road, as well as to avoid impeding the flow of traffic.

If your vehicle has been rear-ended in a collision event, motion to the other driver and have him or her follow you to the closest area with enough room for both of you to pull over safely. If you are parked in the breakdown lane or can't move your car out of traffic, be sure to stay in your vehicle — with your seatbelt on — and call 911. No matter where you are stopped, turn your hazard lights on or put out flares or an emergency triangle if it's safe to do so. Never exit the vehicle. Wait for the police and/or first responders (generally the Fire Department) to arrive and secure the collision area. Once the police arrive and the collision area is secured, you can exchange information with the other driver(s) and assess the damage.

2. Check for injuries.

Even in a relatively minor collision, people can be injured. First, check yourself and look at yourself in the rearview mirror if possible. Though your adrenaline will be pumping, stop and think about if any part of your body hurts or if you are dizzy, short-of-breath or have other symptoms of an injury. Once you decide you are unhurt, ask any of the passengers in your vehicle and any of the others involved in the collision event if they are injured. If anyone is injured or even seems like they might be, call 911. Unless you have first aid training, don't move anyone who is injured unless they are at risk of further injuries because of their location (such a situation would be if the vehicle[s] are on fire or there is the presence of thick black smoke).

3. Consider calling the police.

Generally, in most states, if no one is hurt, the vehicles involved are not blocking traffic and the damage is under $1,000, reporting the accident to the police is not required (New York and Massachusetts are two such places); however, you or the other driver(s) may choose to call the police and have a police report taken. If you think getting a report of the accident would be helpful in establishing fault or because you suspect fraud, then certainly make the call to request police assistance. Sometimes, in highly-populated areas, officers are busy responding to calls of injuries and lawbreakers. The police may not respond quickly to a request for a minor accident. Even if they don't respond, you may be required to file a report yourself, generally through the Department of Motor Vehicles (DMV). If anyone was injured, or if the damage exceeds a certain amount, check with your local police department, DMV or insurance company as to the law. Keep in mind though that in many states, if a police report is filed, your insurance company will be notified of the accident, which could derail you if you have plans to keep the accident quiet. Also keep in mind that not reporting an accident is illegal in many states.

4. Look for eyewitnesses.

Take note of any eyewitnesses to the collision event; they can provide important information as to who may be at fault or they may be called at a later time if some of the involved parties were injured in the collision event. Go to the eyewitnesses as quickly as possible to get the full name, street address, day, evening and cell phone numbers for each of the witness. Even if no police report is taken, you can provide this information to your insurance company.

5. Make a plan if your car is being towed.

If the damage to your vehicle is severe enough that it needs to be towed, take a few minutes to make a plan for your next steps. Where do you want your vehicle to be towed? Having it delivered to a dealer, mechanic or body shop you trust is ideal, even if you need to pay a little more to have it towed further away. If your car is taken to the towing company's yard or other nearby location and you'll want it to go somewhere else later, you will generally be responsible for additional costs and fees, such as a second tow to your choice of location, storage charges and other charges. In some states and on certain roadways, the local municipality has laws in place that only allow certain tow companies to remove the vehicle(s) from the scene of the incident. Generally this is known as a "Ro-Tow" Program, short for Rotation Towing Program. Ro-Tow Programs are generally instituted to ensure that a tow company will respond quickly to remove the damaged vehicle(s) from the scene to free up traffic and clean up any debris that may have been left at the scene.

If your car is being towed, make sure to get all of your personal belongings out of the vehicle. If these items are stolen, they may not be covered under your auto insurance, plus many of these items may be things you need later (such as your E-Z Pass, garage door opener and phone charger).

6. Make notes.

In addition to the contact information of any eyewitnesses, take a moment to write down the date and time of day of the accident, the name of the street or highway where the collision event occurred, the road conditions, the nearest cross-street, intersection or exit, the speed limit sign, traffic signals, the weather conditions and if there was any road construction. This is helpful to have recorded, since your insurance company may ask you for these types of details. It is also a good idea to note the results of the collision event — such as skid marks — since your insurance company may ask for that type of information as well.

7. Take pictures.

If you have a camera, or even a smart-phone, take pictures of all the damage (or lack thereof) of all the vehicle(s) involved, as well as any pictures that may help your insurance company better understand how the collision event occurred and possibly determine who is at fault. If the authenticity of the damage becomes a question, these photographs can assist in a potential fraud investigation. If possible, photograph each car by standing at an angle from each wheel, so one side and either the front or rear of the car is visible in the picture frame. Additionally, take close-up pictures of any vehicle damage (from this accident or a prior incident) and, if appropriate, any people involved. You might also want to photograph the items you took notes of.

8. Double-check the other party's information.

Everyone knows the importance of exchanging information, but do so by writing down the information yourself. Copy it from the person's driver's license and insurance card versus having him or her write it down for you. A better idea is to photograph all the documentation, if you have a camera with you. As you copy the information, ask if it is correct — for example, verify the person's current address and compare the vehicle description, including the 17 alpha-numeric Vehicle Identification Number (VIN) from the insurance card. Compare it to the public VIN, which can be seen through the lower left side of the windshield, on the driver's door or on one of the pillars. Make note of any discrepancies, if any.

9. Call your collision repair professional and your insurance company.

If you have a collision repair professional that you know and trust, you should give them a call. Most collision repair professionals handle hundreds of jobs a year and know the process of how to report a claim to your insurance company. They can explain your rights under the law. After talking with your collision repair professional, you are going to want to call your insurance company (and, in some states, you may be required to). Repair costs for even a new bumper and taillight can easily exceed a low deductible. Many times, seemingly minor damage to a vehicle's exterior can reveal underlying damage once a body shop disassembles the vehicle and inspects the vehicle more thoroughly.

Be very cautious if you opt to try to handle the repair costs between the parties involved (out of pocket). Check your state laws on this and decide in advance how to handle it if your vehicle repair costs go up, if more extensive damage is discovered once the vehicle has been completely disassembled or if a person later decides they are injured.

10. Consider visiting a doctor.

Even if you are not seriously hurt, it's wise to see a doctor right after the collision event. If you are experiencing any soreness and/or stiffness, this could be a sign of a more serious injury. This should be diagnosed and treated promptly. While it's not right to take advantage of the system, it is appropriate to ensure that any medical issues that are a result of the accident are taken care of by the at-fault party. You don't want to wait until months later to discover that a lingering problem you have is a result of the collision event.

Feel free to copy this article into a brochure with your company logo and information on it. Give a copy to your customers and tell them to keep it in their glove box, just in case they ever need it. Do not hesitate to contact us at any time if you have any questions.

Larry Montanez, CDA is a founding member of IACDA, former I-CAR instructor and co-owner of P&L Consultants with Peter Pratti Jr. P&L Consultants work with collision repair shops on estimating, production and proper repair procedures. P&L conducts repair workshops on MIG & Resistance Welding, Measuring for Estimating and Advanced Estimating Skills. P&L also conducts investigations for insurers and repair shops for improper repairs, collision reparability and estimating issues. P&L can be reached by contacting Larry (office: 718-891-4018; cell: 917-860-3588; fax: 718-646-2733; e-mail larrygoju@aol.com).

Jeff Lange, PE is a founding member of IACDA and is president of Lange Technical Services, Ltd. of Deer Park, NY (www.LangeTech.net). Jeff is a Licensed New York State professional engineer who specializes in investigating vehicle and component failures. Lange Technical Services, Ltd. is an investigative engineering firm performing forensic vehicle examinations and analysis for accident reconstruction, products liability and insurance issues. Jeff can be reached at 631-667-6128 or by e-mail at Jeff.Lange@LangeTech.net.