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What are your responsibilities if you are in a collision?

Published in Collision Responsibilities 5 mins read

If you are involved in a collision, your primary responsibilities revolve around ensuring safety, fulfilling legal obligations, and documenting the incident thoroughly. It is crucial to act calmly and systematically to protect yourself and others involved.

Immediate Actions After a Collision

The very first step after any collision is to ensure the safety of everyone involved and to comply with legal requirements.

Prioritize Safety and Legal Obligations

Immediately after a collision, your safety and the safety of others are paramount.

  • STOP Your Vehicle: It is a legal requirement to stop immediately at the scene of an accident. Failing to stop can lead to severe penalties, including charges of "hit and run," which carry significant legal consequences.
  • Check for Injuries: Assess yourself and any passengers for injuries. If anyone is injured, even if it seems minor, medical attention may be necessary.
  • Call 9-1-1 Immediately: To report the collision and request emergency services if there are injuries or significant damage, call 9-1-1 immediately to report the collision to the police or California Highway Patrol (CHP). They will dispatch law enforcement and medical personnel if needed.
  • Move Vehicles (If Safe): If the collision is minor, there are no injuries, and it's safe to do so, move your vehicle to the side of the road or a safer location to prevent further accidents and clear traffic. Many states require this to keep traffic flowing. If the vehicles cannot be moved, activate your hazard lights.
  • Secure the Scene: Use flares or reflective triangles if you have them to warn oncoming traffic, especially at night or in low visibility conditions.

Documenting the Scene

Thorough documentation is vital for insurance claims and legal proceedings. Gather as much information as possible while at the scene.

Gather Essential Information

Collecting specific details from all parties involved can significantly streamline the claim process.

Information Category Details to Collect
Other Driver(s) Full name, contact number, driver's license number
Other Vehicle(s) Make, model, year, color, license plate number, VIN
Insurance Insurance company name, policy number, agent contact info
Witnesses Full name, contact number, statement if possible
Police Report Officer's name, badge number, department, incident/report number
  • Take Photos and Videos: Use your smartphone to take clear pictures and videos of the accident scene, including:
    • Damage to all vehicles involved (close-ups and wide shots).
    • Skid marks, debris, and road conditions.
    • Traffic signals, signs, and surrounding landmarks.
    • The position of the vehicles before being moved (if not moved).
    • Any visible injuries.
  • Note the Location and Time: Record the exact date, time, and location of the collision, including street names, intersections, and mile markers.
  • Never Admit Fault: While at the scene, do not apologize or admit fault, even if you think you were to blame. Stick to the facts. Let the police and insurance companies determine fault.
  • Exchange Information: Ensure you exchange the necessary details with all other drivers involved.

Reporting the Collision

Beyond the initial 9-1-1 call, there are further reporting requirements.

  • Police Report: Ensure that law enforcement arrives and files an official accident report, especially if there are injuries, significant damage, or if traffic laws were violated. Obtain the report number for your records.
  • DMV Report: Depending on your state's laws, you may be required to file a report with your state's Department of Motor Vehicles (DMV), particularly if the damage exceeds a certain threshold or if there are injuries. For example, in California, you must report collisions to the DMV within 10 days if there was an injury, death, or property damage over $1,000. For more information, consult the California DMV.

Notifying Your Insurance Company

Promptly inform your insurance provider about the collision.

  • Timely Notification: Contact your insurance company as soon as possible, ideally within 24 hours of the incident. Provide them with all the details and documentation you've collected.
  • Do Not Delay: Delaying notification can sometimes complicate your claim or even lead to its denial, depending on your policy.

Understanding "Hit and Run" Implications

Leaving the scene of an accident without stopping and fulfilling your responsibilities is a serious offense known as a "hit and run." This can result in severe legal consequences, including:

  • Felony charges, especially if there are injuries or fatalities.
  • Significant fines and jail time.
  • Suspension or revocation of your driver's license.
  • A permanent criminal record.

Someone could be injured and need help, and failing to stop denies them that critical assistance.

Practical Insights and Tips

  • Stay Calm: Collisions are stressful, but maintaining composure helps you make rational decisions.
  • Carry an Emergency Kit: Keep a kit in your car with items like a first-aid kit, flashlight, pen and paper, and a disposable camera (or ensure your phone is charged).
  • Know Your Policy: Familiarize yourself with your auto insurance policy before an accident occurs so you understand your coverage and responsibilities.

By following these responsibilities, you can navigate the aftermath of a collision more effectively, protect your rights, and comply with the law.