A car accident can be a traumatic and frightening experience, so it can be difficult to know what to do after an accident occurs. It is important to act quickly to ensure everyone involved is safe and all legal steps are followed. Knowing how to act after a car accident can also protect you from ridiculous lawsuits and ensure you receive appropriate compensation for any physical injury or damage to your car.
Step
Part 1 of 3: Ensuring Safety
Step 1. Take time to cool off
You may feel anger, fear, surprise, guilt, or a mix of these emotions after the accident. The calmer you are, the better you will be able to handle the situation. Take a few deep breaths or count to ten to stabilize yourself.
Step 2. Stay on the scene
Leaving the scene of an accident, whether you or someone else caused the accident, can result in serious criminal penalties. The penalty for leaving an injured person at the scene varies depending on the region and the severity of the injury, but in general a person is required to pay a maximum fine of IDR 75,000,000 and a prison sentence of up to 3 years, in addition to civil damages. Leaving the scene even after minor damage may result in the SIM being held.
Step 3. Make sure there is no wound
The most important thing to do immediately after a car accident is to determine whether or not there have been any injuries to you or the driver and other passengers. Ensure your safety, then check with others involved and, if necessary, call an ambulance immediately.
If a person is unconscious or has neck pain, moving him/herself can be a serious hazard. Keep him in place until medics arrive, unless leaving him there would put him in danger (eg lying in traffic, his car on fire, etc.)
Step 4. Call the police
Even for seemingly trivial circumstances, it's still a good idea to contact a medical professional. That way, you'll have an official crash record, which will help you in case someone else sues you or questions your version of the accident details. The police can also send assistance in case of a serious accident.
- Stay in touch with the police by phone until they arrive or tell you to hang up. Many 119 operators can provide safety instructions.
- Ask for a police report to be made. This report will be useful when filling out insurance claim forms and in the event of a lawsuit. In some areas, the police will only make a report if there is an injury. In this case, file a local vehicle accident report, which is available at the police station or the Department of Motor Vehicles website.
- Get the name and badge number of the police arriving at the scene, in case your insurance agent or attorney needs to contact them.
Step 5. Move your vehicle, if possible
If you can drive your vehicle safely, move to the side of the road and then get out of the lane full of passing vehicles. This will keep you a safe distance from traffic while exchanging information with other motorists and make it easier for police and ambulance officers to reach the crash site.
Step 6. Turn on the emergency light and install a cone or incandescent light
Especially on the highway, anything that can be done to notify oncoming cars that there is a damaged vehicle on the road will improve safety.
Step 7. Stay in the car by fastening the seat belt
Don't try to cross traffic with the aim of getting out of the way, and don't stand next to a car that's stranded on the road or on the shoulder of the road. People who get out of cars are more likely to die or be injured than people who stay in their cars.
However, if you smell gas, get out of the car immediately. This could signal a fuel leak that could cause a fire or explosion
Part 2 of 3: Gathering Information
Step 1. Exchange information
Get the names and phone numbers of all other drivers involved in traffic accidents. Write down the manufacturer, model, year of manufacture and license plate number of each vehicle. Be sure to obtain all insurance information including company name, license plate number and contact information of insurance agents that can be provided by the driver.
- Be polite, but don't apologize. If you say, "I'm so sorry I bumped into you," you may be admitting legal liability for the accident. Try not to admit guilt unnecessarily like this, as it may not be known for certain who was at fault right after the accident.
- Beware of identity theft. Criminals sometimes engineer minor accidents to obtain needed information with the aim of stealing the identities of other motor vehicle owners.
- Never share your ID number or let other drivers take your driver's license. For security reasons, do not share your home address either.
Step 2. Talk to the witness
Obtain the names and contact information of all accident witnesses. Write down the accident details of what happened and make sure they agree in case your lawyer or insurance agent calls and questions them. They may be helpful if other drivers dispute your version of the crash details.
Step 3. Take a photo
Photograph the damage to the car and other vehicles involved in the accident. Also take photos of the crash site and the people involved. This will help document the loss when filing an accident claim with the insurance company. It will also help protect you if another driver sues for more serious injury or car damage than actually occurred.
Part 3 of 3: Dealing with Files and Lawsuits
Step 1. File an insurance claim
Report car accidents immediately to the insurance company. Also share information about other drivers with the insurance company. Filing a claim immediately will speed up the car repair process and secure a rental vehicle, if needed. Do not lie when stating the facts of the accident, as this may result in a denial of your insurance coverage.
Other motorists may advise against filing a claim in the event of a minor accident, as filing a claim will increase your premium rate. However, making a claim to protect yourself is always a good idea. Other motorists may change their minds and file claims at a later date, even admitting to injuries that were not apparent at the time of the incident. You need to make sure your insurance company has your version of the accident details as soon as possible
Step 2. Consider hiring a lawyer
Especially if someone is injured in an accident, hiring a lawyer is a good idea. Lawyers can help maximize your rewards in the event of an injury, or defend you if another rider is injured.
Step 3. Document medical treatment
Keep records of all hospital visits, prescriptions, or other expenses that arise as a result of a car accident. This information will be needed by your insurance company and attorney.
Step 4. Record compensation for physical pain, suffering and loss
If an accident affects your life to the point where you decide to file a personal injury claim, you can file a claim for compensation for mental and physical harm and/or loss, as well as medical treatment. Keep a journal of how the injury affected your life, including missed workdays, routine activities you couldn't do, and changes to your family life.
Step 5. Get the loss calculation result from the insurance company
This will determine how much your insurance company or other motorists are willing to pay to replace or repair the car, if it is at fault. If you think the number is too low, get your own estimate and discuss it with the loss assessor.
Step 6. Protect yourself from insurance companies
Obviously other motorists' insurance companies, or perhaps your own insurance, may not really think about your interests.
- If another motorist's insurance company contacts you, politely decline the invitation to discuss the accident, and suggest contacting your own insurance company or attorney.
- If your insurance company offers an early settlement, don't sign it until you're sure you'll be compensated for any injuries sustained. Some injuries-particularly the back and neck caused by a crash-may not be noticeable or reach their highest level of pain until weeks or months after the accident.