Involved in an Accident

Spanish Version

AUTO ACCIDENTS

Car accidents happen unexpectedly and they can happen to anyone.  Therefore, it is important that you know what to do to protect your legal rights should you be involved in an accident.  This pamphlet will provide you with some steps you should take if you are involved in an accident.

STOP YOUR CAR

Never leave the scene of an accident.  You may be subject to criminal prosecution if you leave the scene.  Our pamphlet titled: "What To Do If You Are Stopped By The Police" provides you with a summary of steps you can take to protect yourself, should a criminal situation arise as a result of the car accident.

REMAIN CALM

It is very important that you remain calm.  Auto accidents are frustrating for anyone involved. Do not argue as to who is at fault with other drivers or with police at the scene.  Should there be a question of liability your attorney will help you determine who is at fault.  Remaining calm will help you to gather all the necessary information and assist anyone who is injured.

PROTECT THE SCENE

Try to leave your car as close as possible to the location of impact without obstructing traffic.  If you sustained serious injuries stay in your car, if it is  safe to do so, until medical assistance arrives.  Do not obstruct traffic and avoid additional collisions.  You may warn other drives by raising your hood, using your car's hazards and placing flares or reflectors on the road.

CONTACTING POLICE

You must contact the police especially if you are injured.  Do not admit responsibility for the accident, even if you think you are at fault.  Responsibility for the accident will be determined after all the operators and witnesses are interviewed.  If you receive a traffic violation it does not mean that you are responsible for the accident.  You can appeal any ticket that you are issued.

GATHERING ALL THE NECESSARY INFORMATION

It is important that you collect the following information:

a.   Other drivers': name, address, phone number, and license's number; color, year, make and 
      model of the car; name of insurance company and policy number and indicate if they are injured. 
b.   Passengers- (include your passengers) name, address, phone numbers and indicate if they are injured.
c.   Witnesses- names, address and phone number.
d.   Owner (if not same as driver )-name, address, phone number, name of insurance company and policy number.

If one of the vehicles involved is a commercial vehicle make sure you write down all company names and numbers printed on the vehicle.

Also note the time of the day, weather conditions, road conditions, street lights and length of the skid marks.  Make a diagram of the accident, as soon as possible, noting the street names, location of vehicles, cross walks and traffic controls.

You will be required to provide your information to other drivers and to the police.  If you are not the owner of the vehicle, make sure you have access to the registration of the vehicle, which provides you with all the necessary information.

TOWING

If your vehicle is not drivable or if you are transported by ambulance from the scene of the accident your vehicle will need to be towed to a garage.  You can ask the police officer at the scene for the name of the garage where your vehicle will be towed.  Also, you can call the police department and they can tell you the location of your vehicle.  IF you have towing and storage on your policy your insurance company will pay for the towing and storage of your vehicle.

OPERATOR'S REPORT

M.G.L. c. 90 § 26 requires you to file an Operator's Report within five days when you are involved in an accident in which people are injured and/or if there was property damage estimated at more than $1,000.00.  Your license may be revoked or suspended for failing to complete the Operator's Report.  You can get an Operator's Report form from the police department or your insurance agent.  Keep a copy of the report for your records.

NOTIFY YOUR INSURANCE AGENT

You an call your insurance agent and advise them of the accident.  Have at hand your Coverage Selection Page, which tells you what your policy covers (towing, storage, rental, etc.).  You should also have the information you gathered at the scene and the location of your vehicle.  Failure to promptly notify your insurance company may affect your benefits.  It is best to contact your attorney prior to any direct communications with any insurance company.

NO-FAULT INSURANCE

Most Massachusetts policies carry no-fault coverage also known as Personal Injury Protection Benefits (P.I.P.).  Under this provision most policies will pay you up to $2,000.00 or $8,000.00 in medical expenses for both you and your passengers no matter who is at fault in the accident.  Your P.I.P. limit should be stated in your Coverage Selection Page.  If you waived your P.I.P. coverage at the time you purchased your policy, the insurance company will not be required to pay you or your passengers for medical expenses.

GETTING TREATMENT

If you received any injuries as a result of the accident, you must contact a doctor.  To file a claim against the responsible party Massachusetts law requires that your medical expenses reach a threshold of $2,000.00.  You should not settle any claims from the accident until you have received all the necessary treatment.

IF YOU ARE A PASSENGER

If you are a passenger in an auto accident, make sure you have the name, address, telephone number, name of insurance company and policy number for the vehicle in which you were traveling and all other vehicles involved.  Inform your driver and police if you are injured.