Clueless after a crash?

Alia Malik, Sentinel Staff Writer
July 7, 2008

Maybe you're driving on the highway when it happens. The sound of screeching tires, the loud thud and the impact that throws you against your seat belt.

You never thought you'd be in an accident, so you never prepared for this moment. Where do you go from here?

As obvious as it may sound, the first thing to do is stop, said Kim Miller, a spokeswoman for the Florida Highway Patrol.

"A lot of people, especially young people, panic, and they actually get charged with leaving the scene of a crash because they don't know what to do," Miller said.

As many as one-third of the crashes the highway patrol handles are hit-and-runs, Miller said. Sometimes drivers will stop farther down the road or drive home before calling police, but state law requires you to stop as close to the scene as possible or face felony charges.

That doesn't mean you should leave your car right where it is if you're blocking traffic. In fact, state law also requires you to "make every reasonable effort" to move your vehicle out of traffic's way.

"People think they need to leave their car at the location where it was struck so that police can re-create the accident," said Winter Park-based attorney Richard Troutman. But law enforcement officials can look at damages to both vehicles and debris in the roadway and take witness statements to determine who was at fault.

The next step is to help anyone who might be hurt. State law mandates that you help the injured in any way you can and help arrange their medical treatment by calling 911 if necessary.

Even if you don't call an ambulance, you are usually required to report the accident to police; give your name, address and registration number to officers; and show your license upon request. If anyone injured by the crash, in a damaged vehicle or looking after damaged property requests that information, you have to give it to them as well.

Though you might not think you're seriously injured, tell the police if you feel any pain so they can note it in their report. You might need it to prove injury later in court, said Michael Sutton, an attorney for Morgan & Morgan in Orlando.

"You may not feel anything at the scene except a tightness in your neck or your back, and the next day you can't walk," Sutton said. "That's common."

If nobody has been hurt or needs a tow, damages do not reach $500 or more, and the accident did not involve a drunken or hit-and-run driver, you don't have to call the police. But there is a form you can fill out to report the crash to your insurance company. You can get it on the Florida Highway Patrol's Web site.

Although not enforced by law, there are things you can do at the scene to make your life easier when you have to file a claim to your insurance company. Always get the other driver's name, address, license number and insurance information. Also describe the other car and where the damage is.

Taking photographs at the scene can also help insurance agents and lawyers determine who's at fault. It's perfectly legal to snap pictures of an accident, Miller said.

Call your insurance company and give them the facts, even if you're to blame. If you're caught in a lie, the company could refuse to honor your claim.

If no one can agree who's at fault, you might end up in court. If you're injured, your auto insurance will pay 80 percent of your medical expenses and 60 percent of lost wages, to a limit of $10,000, under state law. But if you're thinking of suing for the rest of the money or for pain and suffering, call a personal injury lawyer who will likely give you a free consultation.

Take advantage of the consultations because insurance is complicated and companies sometimes don't play fair, said Glenn Klausman, an attorney for Jacobs & Goodman in Altamonte Springs.

"I represent lawyers who do other kinds of law," Klausman said. "They come to me and say, 'What am I entitled to?' They're lawyers, and they have no idea."

Alia Malik can be reached at amalik@orlandosentinel.com or 407-418-5924.

This article originally appeared in the Orlando Sentinel on July 7, 2008

Original Article: Clueless After a Crash?