112th Precinct Community Council

Do you know what to do if you are in an automobile accident ?

STEPS TO FOLLOW

Do you know what to do if you are in an automobile accident ?
By Heidi Harrison Chain


I hope that you never need this information. Unfortunately, many of us are in car accidents. If it happens to you or a member of your family– you will be better prepared if you know what to do and what to expect. Here is the information that you need and the steps that you should take.
STEP ONE : Immediately determine if anyone needs medical assistance. If so Call 911 and report the accident and the injuries. If you call 911 you should be able to tell the operator your location, the number of people who are injured. This will enable our first responders to have the resources for the number of people who need help.
In the event that someone is injured , New York State Law requires you to notify the police. The DMV Website indicates: You must call the police. The website states in part: If a person is injured or killed, immediately notify the police. All the involved drivers and the police must file an accident report with the DMV. It is a crime to leave the scene of an accident that causes personal injury or death.
If no one is injured you still may need to call the police to the accident scene
STEP TWO : Determine if the cars can be moved to the side of the road .
This is very important to avoid the possibility of another accident while you are exchanging information with the driver of the other vehicle.
If you can not move your vehicle because of the damage to your car - then do not stay inside- but be sure that you go to the side of the road, and put the flashers on your cars.
STEP THREE: Stay at the scene . Whether or not the accident is your fault, you must not leave the scene of an accident. You must then exchange information with the driver of the other vehicle(s).
The Department of Motor Vehicle website indicates : If you are in an accident, you must stop and exchange information with the involved drivers. If the accident caused property damage only, then exchange information about your driver license, insurance, and registration with the involved drivers. If a parked vehicle or other property is damaged, or if a domestic animal is injured, you must locate the owner or contact the police
STEP FOUR: If anyone has indicated that they witnessed the accident you should obtain their name, address and phone number immediately.
You should give this information to the police when they arrive to take a report.
STEP FIVE: As you may need this information later for the reporting requirements – you may want to record the following information: where the accident occurred, the time of the day, the weather conditions, any road conditions, if there is a traffic light or stop sign at the location, and what you think happened. You will also be asked to report on the direction that each vehicle was going prior to the accident.
STEP SIX : Notify your insurance company of the accident.
STEP SEVEN: IF someone has been injured, killed, or if the property damage is more than $1000 you must file an accident report with the Department of Motor Vehicles. This is regardless of whether you have filed a report with your local police department.
The Department of Motor Vehicle web site indicates:” that If the property damage of any person is $1,000 or more, all the involved drivers must file form MV-104 (Report of Motor Vehicle Accident). File form MV-104 with the DMV no more than 10 days after the accident. The DMV can suspend your driver license if you fail to report an accident. “

The above steps should be followed regardless of whether you intend to litigate your damages as a result of the accident. If you have any questions regarding the steps to follow if you want to litigate your damages you should contact your attorney.