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Car crash? Here’s what you have to do

July 30, 2008

By Steven H. Heisler

If you’re ever in a vehicle accident in Maryland, take these seven steps immediately!

1. Write down the other driver’s tag number.

Write the number in lipstick on a cup, scribble it in pen on your arm, ask the paramedic to write it on his notepad while you’re being loaded into the ambulance. Failure to get it could be fatal to any claim you pursue.

If the other driver is at fault, he or she is responsible for your car’s repair and your medical treatment. Unfortunately, some give false information about their insurance company or a fake address and phone number. Getting their tag number ensures you can run a tag check through the Maryland Motor Vehicle Administration (1-800-950-1682) or online companies to get their name, address, insurance company and policy number.

2. Call the police.

Next, call 911. Many people freeze up or become incoherent. Others don’t call the police because they’re in a hurry, not seriously injured, their vehicle isn’t totaled, or they think they just don’t need the police.

Here’s why you MUST call the police: To get compensated for injuries and property damage you must have accurate information about the defendant. The police direct traffic and call for an ambulance if necessary, and make sure both parties exchange information. If the accident is more than a fender-bender, the police write a report that contains the personal and insurance information of the other driver and of the vehicle’s owner, a description of how the accident occurred and who was at fault.

If the police don’t write a report, they’ll often at least get the personal and insurance information you need on a document that has a police letterhead and the officer’s badge and phone numbers.

3. Get the other driver’s information.

Make sure your vehicle is out of harm’s way, then, watching for traffic, approach the other vehicle. Calmly ask for the driver’s license and insurance information even if you’ve called the police.

Copy the name, address, date of birth, and license number, and the insurance company’s name and the policy number. Thank the driver and go back to your car. Write a description of the driver in case court papers must be served.

If the driver refuses, back off and wait for help.

4. Get information from witnesses.

Act fast to get contact information from witnesses. Insurance companies, judges and juries usually decide who’s at fault by what witnesses say. Ask them to wait for the police. Getting contact information will enable you to reach those who leave.

5. Seek medical attention.

If you have any pain, tell the police right away. The officer will call for an ambulance and include in the report that you were injured. If the police fail to show, tell the other driver you’re hurt and go to an emergency room.

Even if the pain is minimal, get checked as soon as possible. People walk around with severe injuries without knowing it.

Insurance companies won’t pay a penny unless you prove you’re injured. Hospital or doctor’s records provide that proof.

6. Consult with a lawyer.

You’re doing yourself a disservice if you fail to at least speak about evidence, compensation and dealing with the other driver’s insurer with a lawyer who concentrates on accident cases.

7. Notify your insurance company.

Call your insurance carrier, even if the crash wasn’t your fault. Why?

• The quicker you do, the quicker it can authorize your vehicle’s repair and, if you have collision coverage, a rental car.

• If your coverage includes Personal Injury Protection or Medical Payments, the sooner you alert your insurer, the sooner you’ll likely get medical attention. Increasingly, Maryland doctors and physical therapists want a PIP claim number before giving treatment. Your carrier will forward application forms to you or your lawyer. In Maryland you have one year to submit your PIP form to your insurer.

• If the other driver is uninsured, file an uninsured motorist claim. Maryland requires insurance companies to provide uninsured motorist benefits to drivers even if all they buy is liability coverage. {EXA}

Steven H. Heisler practices injury and disability law in Baltimore. He can be contacted at sheisler@injurylawyermd.com.

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