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Frequently Asked Questions
& General Information Sources
What Should You Do if You are Involved in an Auto Accident?
by: Texas RioGrande
Legal Aid
- Your first course of action should be to
stop the car. Under Texas Law §550.023,
you are required to exchange personal and insurance
information. If there are injured persons, you
must also render first aid (only if you are
qualified), stop the bleeding, and call an ambulance
and/or a doctor. It is important never to move
an injured person because this could add to
his or her injuries. It would also be wise,
after injuries are cared for, to protect the
accident scene from further damage. You may
be held liable for injuries or damages to approaching
drivers, unless they are properly warned. At
night, illuminating the accident scene is a
wise choice.
- Next, you will want to call 911. The responding
officer is a trained accident investigator,
and he/she can assist you in filling out an
accident information form (see form below).
This information will help you in the future
in your dealings with insurance companies or
lawsuits. You should measure skid marks, step
off distances, and obtain names and addresses
of witnesses.
- At the scene of the accident, it is important
that you not make any statements concerning
fault, especially if the accident was your fault.
If you have been injured in the accident, see
a doctor and make sure to have your injuries
documented. You are required by law to report
an accident to the Department of Public Safety
within 10 days from the date of the accident
if there is an injury, death, or total damages
exceeding $500. You can obtain an official claim
form from the Police, Sheriff’s Department,
Highway Patrol, or Texas Department of Public
Safety.
- After an accident, it is very important to
notify your insurance company promptly. Failure
to do so may void your policy. Your insurance
company can also act as an advocate on your
behalf when dealing with the insurance companies
of others involved in the accident. By state
law, all vehicles operated on the streets and
highways of Texas must be covered by liability
insurance or other evidence of financial responsibility.
When the police arrive at the scene of the accident,
you will be required to show proof of insurance.
You may either present the insurance policy,
or another document that contains the name of
the insurance company, the name of the insured,
the period of the policy, the policy number,
and a statement that the coverage meets the
minimum prescribed by law. Evidence of insurance
should be carried in the vehicle or with the
driver of the vehicle. If you fail to show evidence
of insurance or financial responsibility, you
could face a fine and suspension of license
and registration privileges.
- IMPORTANT: If the accident was your fault,
you may be responsible for damages suffered
by the other person/people involved. In the
case that they sue you, it is very important
that you show up for the court date. Failure
to attend will result in a judgment that awards
the person/people suing you everything they
demand. You will then be responsible for paying
them whether or not you have insurance. Ignoring
the court dates and/or judgment could result
in damaged credit or loss of your driver’s
license. If you cannot pay the judgment against
you, the court can set up payment plans.
SAMPLE EMERGENCY
ACCIDENT FORM
|
| HOUR |
|
A.M. OR P.M. |
|
| DATE |
|
|
|
| YOUR NAME |
|
ADDRESS |
|
| LOCATION OF ACCIDENT |
|
CONDITION OF STREET |
|
| VISIBILITY |
|
DRIVER |
|
| WHAT HAPPENED (briefly) |
|
| POLICE AUTHORITY INVESTIGATING |
|
BADGE # |
|
| NAME(S) OF POLICEMEN |
|
ADDRESS |
|
| OCCUPANTS OF YOUR CAR |
|
| |
|
| WITNESSES:
(other than occupants of your car) |
|
| |
|
|
|
| NAME |
|
ADDRESS |
|
| NAME |
|
ADDRESS |
|
| NAME |
|
ADDRESS |
|
| |
|
|
|
| OTHER CAR |
|
|
|
| |
|
|
|
| DESCRIPTION
OF CAR |
|
LICENSE# |
|
DL# |
|
|
| OWNER/DRIVER |
|
ADDRESS |
|
| DESCRIBE DAMAGE
TO OTHER PROPERTY |
|
| OWNER |
|
ADDRESS |
|
| INSURANCE CARRIER |
|
POLICY # |
|
| NAME OF INSURED |
|
PERIOD OF POLICY |
|
| |
|
|
|
| WHO WAS INJURED? |
|
|
|
| |
|
|
|
| NAME |
|
ADDRESS |
|
| NATURE OF INJURY |
|
AGE |
|
| NAME |
|
ADDRESS |
|
| NATURE OF INJURY |
|
AGE |
|
| WHERE TAKEN? |
|
| |
|
|
|
| DIAGRAM OF ACCIDENT |
|
|
|
| |
|
|
|
| INDICATE: |
|
|
|
| |
|
|
|
| NORTH DIRECTION |
|
|
|
| |
|
|
|
| POSITION OF
CARS BEFORE AND AT TIME OF COLLISION |
| NAMES OF STREETS. |
|
|
|
| STOP SIGNS,
SIGNAL LIGHTS, CENTER LINES, DISTANCE AND
DIRECTION OF SKID MARKS. |
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