WHAT TO DO AFTER A CAR ACCIDENT
In Mississippi you are not required to report an auto accident to the Department of Public Safety as long as all the parties involved in the accident agree about the circumstances of the accident and the responsibilities for repairs. However, it is always a good idea to call 911 and report the accident.
If you and the other driver make a verbal agreement to let the insurance company handle things and not report the auto accident to law enforcement ask yourself these questions? Is their auto insurance up to date? Do they have auto insurance? Do they have any expired driver’s license? Do they need medical attention? Remember it never hurts to call the local law enforcement and report what happened. USA Today reported that as many as one in seven drivers have no car insurance and in Mississippi 28% of drivers are uninsured. Many drivers are skirting the system by carrying an expired or fake insurance card.
NEVER leave the accident scene as you could face criminal charges. Regardless of whether a wreck looks serious, you always have to stop, check on the other person involved and exchange insurance information. In Mississippi you must report it to the law enforcement if someone has been injured or there has been a death or the accident resulted in $500 or more in damages to the vehicles or property. If someone is injured call an ambulance as soon as possible.
If you have called the police once you have filed an accident report ask for a copy of it. If you do not get a police report documenting your accident, what proof do you have that it happened? And you insurance company will want a copy of it for your claim.
When dealing with the other driver you should always ask them as soon as possible, “Are you all right?”
Do not yell, do not lay blame on anyone and always be polite. Never admit liability or in any way say it is your fault. If you do, you are legally admitting liability, which could expose you to a law suit.
Take some deep breaths and stay as calm as possible as you need to assess the situation and document it. Be sure to collect the names, addresses and phone numbers of any witnesses or others involved in the accident. If possible, take photographs to document skid marks, vehicle damage, road obstructions and injuries. Document what you were you doing just before the crash? Where were you going and what street were you on? When did you see the other driver enter into the picture? You’ll need to have a consistent and accurate account of the accident to give to the law enforcement and your insurance provider.
Make sure that you get the other driver’s name, address, and insurance company name and policy number. Then make notes of the make, model and color of vehicle they were driving and their license plate number. If there were any witnesses get their names and phone numbers too.
If there were severe injuries or a death has resulted from the accident you should contact a lawyer as soon as possible. All too often valuable evidence disappears, witnesses move, memories grow dim and the ability to prove your case may diminish.
An experienced Personal Injury attorney can provide you guidance if you are being treated by a physician, guidance with your our medical care and help you deal with unpaid bills. Legal advice can also be useful if you have questions about the settlement value of a claim, your insurance policy’s terms, or suspect bad faith on the part of your insurance company. It is a good idea to consult with a personal injury attorney before providing any other information to the insurance company.
Hopkins, Barvié & Hopkins, P.L.L.C., focuses on representing individuals and their family members in personal injury and wrongful death cases, such as those often involved in auto accidents. Contact us and we will evaluate your case at no cost or obligation. With more than 66 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.
Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.
