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When You Have Been in a Car Accident Report it as Soon as Possible

By Michael Schafer

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Published: 28Jun2009
Word count: 404
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You were just in an auto accident. You are in pain. You are mad. You are frustrated. You are beginning to walk through a maze that is set in unfamiliar territory. You are being made to feel as if you did something wrong even though you are the victim. You will have a lot of questions as to what to do and to what you are entitled, but you need to report the accident to the police as soon as possible. It is an easy trap to fall into not calling the police, it is easier just to exchange information and go on but not calling the police could make a difference. This can be particularly true if the facts in the case are recalled differently by the different parties. An official can be vital.

You should call 911 or have someone else call the local police department to report the accident. It is always advisable to have the police at the scene of an accident so a police report can be made and filed. If liability has to be established their report will be invaluable. Also, it is important that the police have an opportunity to speak with witnesses and the at-fault party. If a witness is not questioned by the police at the scene and they give a statement or testify at a later time their credibility may be questioned.

Should a witness's name and address not be obtained at the accident scene you may not be able to track them down later when you really need them. I have had to deal with this situation all too many times. My client has told me that there was a witness, but had no information on them. In these situations liability is usually in dispute. Without an independent fact witness it is impossible to go forward or the case is significantly devalued. If a witness cannot be located you may not be able to go forward on your case. This one step of getting a name and phone number can save your accident case.

Also, the police officers determination of liability is critical when dealing with the insurance company. This opinion may not be allowed into evidence at trial but is relied upon by the insurance company. It is not the final say but it is a good place to start and usually given high credibility. Do yourself a favor and call the police

Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the author of "7 Potholes That Can Wreck Your Kentucky Accident Case" and "What You Don't Know About Buying Car Insurance Can Hurt You".

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