STEP GUIDE on WHAT TO DO if you are IN A CAR ACCIDENT

Almost all of us will have the unfortunate experience of being a participant in a car accident in our lifetimes. Whether we are at fault or not, it is important to know what to do if you find yourself in a car accident. Here is a six-step guide suggesting what to do if you find yourself in such a situation.

Check on Safety

If possible, try to move your vehicle to a safe location. Check on the safety of your passengers and the other persons involved in the car accident.

Call the police

Whether it is a small fender-bender or a major accident, it is important to have the police come to the accident scene so they can document the scene as a neutral party. The officers will likely speak to each of the drivers/passengers and other witnesses and will help document the scene.

Exchange information

Get the name, address and insurance information (insurance company and policy numbers) of the other driver(s). You should also get contact information for the other driver(s), passengers, eye-witnesses, first responders and anyone else assisting with the scene.

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Document the scene

Do not rely on the police officers to document the scene on your behalf. If you have a cell phone, take pictures of all the vehicles involved that show the damage to the vehicle as well as pictures of the scene from various angles. You also want to take pictures of any injuries you or your passengers may have suffered in the accident.

Contact your insurance agent

Regardless of fault for the accident, you should give immediate notice of the accident to your insurance agent to make sure the claim is reported. North Dakota is a “no-fault” car insurance state, which means your own car insurance policy will likely pay for your medical expenses and lost wages up to a combined total $30,000, regardless of whether you were at fault for the accident. Minnesota is also a “no-fault” state, which provides up to $20,000 for medical expenses and $20,000 for lost wages. “No-fault” does not pay for property damage such as damage to your vehicle.

Step

Request a copy of the police report

If a police officer (or other law enforcement officer) came to the scene, it is likely the officer prepared a report, which will contain contact information for parties/witnesses and will also provide information on the scene/accident. You should reach out to the law enforcement department and request a copy of the police report as your insurance company and/or attorney will likely want a copy.

Doing these six steps will help you protect your rights in case you need to make a claim to your insurer or in the court of law.

IAN R. MCLEAN

This article was prepared by Ian McLean, an attorney with the Serkland Law Firm in Fargo, North Dakota. McLean practices in the areas of general commercial litigation, insurance defense litigation, estate litigation, legal malpractice and education law. For more information, call 701-232-8957, email at imclean@serklandlaw.com or visit serklandlaw.com.

This article should not be considered legal advice and should not be relied upon by any person with respect to his/her specific situation.