Stockton Car Crashes

What do I do if I've been in an accident?

Make sure you're not injured

The first thing you need to do if you've been in an accident is make sure that you and your passengers are all right. If anyone has been hurt, call 911 or seek medical attention immediately.

Exchange Information

Once you're assured that everyone is okay, you can exchange information with the other driver. However, make sure to simply exchange information and not provide details that could impact your degree of fault or chances of recovery such as "I wasn't paying attention," or "I was on the phone" or "It was my fault."

You should try to gather as much information you can about the accident such as:

• The names of the other driver(s) and passengers. If possible, get their phone numbers, driver's license numbers, and addresses.
• The names, phone numbers, driver's license numbers, and addresses of any witnesses.
• The exact location of the accident. Gather any information you can about the specific location of the accident, the direction each car was traveling, and what lane each car was in when the accident occurred.
• The time of day did the accident occurred.
• A general description of the weather conditions at the time of the accident. Was it sunny? Rainy? Foggy?

Will the insurance company pay my claim?

The extent of your coverage will be determined based on your specific insurance contract. Although differences exist from contract to contract, most clauses are standard and your rights under the contract should be fairly easy to determine.

Typically, once the insurance company has paid your benefits, you transfer the "Subrogation Rights," i.e. the right to bring a claim against the party for negligence to the insurance company. The insurance company will then determine whether to pursue damages from the responsible party.

If you're the party being charged with causing the accident, your insurance company must provide your defense for any claims covered under your policy. If the claims are not covered under the policy, you insurance company will not be responsible for these damages. Often, the company will send a "Reservation of Rights" letter notifying you that although the company will handle your claim, not all losses are covered by your policy.

Further, you are required in most instances to provide "prompt notice" of a loss or accident. Delays in reporting may result in the insurance company paying less than the full value of your claim, or not at all.

Do I need the help of an attorney?

If you've been in an accident, it's best to hire an attorney. Often, insurance companies ignore or delay processing claims filed by individuals without attorneys. Having an attorney represent you may convince the insurance company of the seriousness of your claim. Further, some injuries take weeks, even months to show up. Its important to have an attorney who can present evidence of the extent of your injuries and ensure you receive full compensation.

For more information and to determine your rights, it's best to contact an attorney familiar with insurance. Contact the Law Offices of Frederick J. Sette for a free consultation and to determine your rights under your insurance contract and how to proceed with your claim.