Tis the season to slip, slide and swear. During the winter season there are so many accidents that can be prevented if we just give the car in front a little extra room. However there are so many cases where we do everything that we can and still end up hitting somebody or getting hit. This month I am addressing the parties that get hit. All too often, I get a call from a client explaining that they were just hit, but nothing serious happened. They exchanged driving information and went on their way. Later, as time goes on the same client calls in frustrated that the other insurance company is dragging their feet. In the same call, they also ask if it would be better or quicker to file a claim on their own car to speed the process up. With cases like these, I can tell you that unless all parties are honest with what happened this accident is not going to be easily resolved. Why? There are several reasons. Here are a few of them as well as what you can do.
1) If there is an accident and all you do is exchange information and there are no witnesses, you have almost immediately shot yourself in the foot. At that point once you drive off, you have given the other party the freedom to creatively add to their alibi as to why they might not be completely at fault. Unless you don't care what happens to you or your car, CALL THE POLICE. Despite how honest and friendly the other party may seem, I can promise you that will end when you both drive off. There are exceptions and that is exactly what they are....exceptions. Out of 100 accidents where no police are involved I would say 15% are resolved without too many problems. 5% of those are because the car in the accident isn't worth fixing, and the other 10% are the honest people that fess up to what really happened. Since there are always two sides to every story, why give the other party more room to work with, by leaving the scene?
2)If there are no witnesses you will have a really tough time pleading your case. Your insurance company will of course take your side and the other insurance company will take their clients side. Is that justice? Of course not!! But do you have proof that shows otherwise? There will always be the case where the other person honestly thinks that they are not to blame. That is prevalent in many of the accidents. If this is the case, staying put until the police arrive is the best decision. Whether or not it is clear who is at fault, the best way to fight for your case is at the scene of the accident. Now with all that said what can you do to prevent this mess. 1) If somebody hits you and they take off, write down the license place number and call the police. 2) Keep a camera (disposable if you want) in the car. Some police officers can make mistakes. Pictures tend to tell it how it is. There are several accidents where the officer can be so ambiguous with his report that both insurance companies might think the other is responsible. (By the way that happened with one of my clients. It was a simple accident, 1 car read ended the other and it became an issue due to the officer's report.) With pictures, pleading your case might be a little easier. They might not even be necessary, but if they were, I am pretty sure that you would be happy that you had them.
3) Compose yourself and be well spoken. Of course your upset, somebody hit you. Take a breath and describe what happened in detail. "That guy hit me!!" Doesn't really explain what happened. "I was sitting at the red like for a good 15 seconds and WHAM I was hit from behind." That simple statement still leaves a lot of questions, but still sums up your position of what happened, where you were, and if you were moving or not.
4) In one year, I had the misfortune of dealing with several clients that were involved in accidents with friends, family or extended relatives. I can't stress the tips mentioned above enough. Witnesses and police are key to helping resolve your damaged car and injured passengers. As a side note: None of the claims involving the "friends" ended happily. The claims involving immediate family for the most part weren't too bad.
There is far too much to cover, but I hope that this is helpful in resolving any current or future issues.
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