Even though hit-and-run accidents are a crime in California, they are more common than you may think. Because car accidents can be very startling and unexpected, you need to know in advance exactly what to do if someone hits you.
1
Be Prepared
You can start by being prepared. The most careful and responsible drivers always carry: their driver and insurance information, a disposable camera, pen, paper, and their lawyer’s contact information in the car. A camera can come in very handy if someone later tries to accuse you of being at fault. People often change their story when they discover just how much they will have to pay for your repairs. So be diligent. After calling the police, the first thing you should try to do is to take pictures from as many different angles as possible. Take pictures of the other car, the driver, any witnesses or license plates of cars on the scene. Also check to see if there are any dangerous road conditions (slippery roads, obstructed signs, tree branches or objects on the road, etc.) you should document.
2
Call 911 and document the facts
Always call the police and never leave the scene of the accident, no matter how minor the accident is and how friendly the other driver behaves. Leaving may result in hit-and-run charges even if the driver is not at fault. Moreover, it is not uncommon for “friendly” drivers to later accuse you of fleeing the scene or try to place the blame on you. Immediately after the accident, always quickly write down the license plate and the description of the car and the driver. This, again, can help track him down if he drives off.
3
Be polite and cooperative
Talk to the other driver and the witnesses, but never volunteer that you are at fault. Very often, people mistakenly think they had caused the accident, only to discover through the police report and witnesses’ recollection that it was the other driver’s fault. Admitting fault can lock you into having to pay for all the damage, so do not say anything until you talk to the police. At the same time, try not to get angry and not to accuse the other driver – tell the police what you know, and let them resolve the issue. Also, when talking to the police, remember that your job is to share the facts, and their job is to investigate what these facts mean. Calmly explain what happen, and do not sign anything unless it is for the police.
4
Locate witnesses
It will help to have witnesses to the accident who are not connected to you or the other driver. Ask other drivers and pedestrians to leave their contact information with you, even if they do not want to wait until the police arrives. If they tell you it was the other driver’s fault, ask them to write down what they saw. Likewise, if the other driver admits fault, ask him to write what happened on a piece of paper. This will save you from a major headache later on, if the driver tries to change his story. Again, never sign or promise anything yourself.
5
Contact your insurance company
Call your insurance company to report the accident. But do not agree to speak with the representatives of the insurance company for the other driver until you talk to your lawyer. If at all possible, try to contact an attorney shortly after the accident – while your memory of the events is still fresh.
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