Tort Reform
What To Do In Case Of An Automobile Accident
Accidents Will Happen
Even the best drivers can be involved in automobile accidents. Therefore, we should all know what steps to take immediately following an accident to protect the lives, property and legal rights of those involved. Doing the right thing at the right time may save a life; and it can often avoid legal problems.
If you are involved in an accident with another vehicle, other property or a pedestrian, take the following steps:
Stop Your Car
If you are the driver of a vehicle involved in an accident, never leave the scene. No matter how slight the collision, if you fail to stop you may be subject to criminal prosecution even if the accident was not your fault. There are also legal requirements relating to reporting the accident and providing information to other parties of which you should be aware.
Stop your car as soon as possible without further endangering any person or property and without obstructing traffic. Do whatever you can to warn oncoming traffic in order to prevent further accidents. If possible, station someone in a position to warn approaching vehicles. At night, use flares, reflectors or a flashlight if available.
Give Aid to the Injured
If any person has been hurt, call a doctor or ambulance immediately. Until help arrives, do all you can to help the injured but be careful. Unless you are proficient at rendering first aid, don't try it. You may make matters worse instead of better. Try to make the injured person warm and comfortable, but do not move him or her unless it is absolutely necessary to protect from further injury.
Notify the Police
Notify, or have someone notify, the police, sheriff or safety patrol as soon as possible. Some city ordinances require an immediate report to the police by the quickest means of communication. When law enforcement officers arrive, they will handle any injury or other emergency and investigate the accident. Their investigation and report may be helpful to you later if a lawsuit arises from the accident.
Identify Others Involved; Make Notes
The law requires that you furnish other parties your name, address, driver's license and vehicle registration. You should also obtain this information from the other party or parties. Make notes of the names and addresses of any witnesses, including passengers in other vehicles.
Don't Comment on the Accident
Don't comment impulsively on the accident to anyone. Keep your notes and information to yourself. Do not comment on the cause of the accident, and do not admit fault even if you think you were in the wrong. You may discover later the other driver was equally or more to blame.
See Your Doctor
If you have any doubt about your own condition or that of your passengers, see your doctor immediately and ask your passenger to do likewise. Some of the most serious injuries do not immediately result in pain or bloodshed, and what at first may seem a minor injury may later be quite serious. The time lapse before you see a doctor may damage your claim. Make sure you relate to your doctor that you are seeing him or her because of an automobile accident. Be very thorough in describing your injuries.
Reports Are Required
If anyone is killed or injured in an automobile accident, or if the apparent damage to either or both vehicles is $500 or more, the drivers of the vehicles involved are required to report the accident to the Nebraska Department of Motor Vehicles within ten days. The necessary forms can be obtained from the Safety Patrol, the sheriff, a police officer or your insurance company. The information called for on this form is confidential and cannot be used against you later in court. Your lawyer, if you employ one, should approve the report before you send it in, and you should keep a copy for future reference.
You should also notify your insurance company as soon as possible. Failure to make a prompt report could jeopardize your insurance coverage.
Pay Nothing
Make no offer to pay anything to the other party or parties involved in the accident without first consulting your lawyer. Such payment might be at your own cost because your insurance company may not repay you. The other persons involved cannot compel you to make any payment without taking legal action against you, nor can they hold your car without legal action.
Watch Out
Call our Law Firm before you talk to any insurance adjuster. Be cautious in dealing with insurance adjusters offering to adjust or settle your claim, or anyone seeking to hurry you into a settlement. Once you settle a claim, it is settled no matter what happens down the road. Often times, injuries are not even discovered until long after settlements have been made. Do not sign anything or make any statement without the advice of your attorney.
If you have any questions or are in need of assistance, feel free to e-mail or call
6790 Grover Street, Suite 200 • Omaha, Nebraska 68106-3612
TEL: 1-402-391-4000 • TOLL-FREE: 1-800-642-1242 • FAX: 1-402-391-4039
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