ANDREW H. WILENSKY and Associates
Yes, the law says you must stop- whether the accident involves a moving car, a pedestrian, a motorcycle, a parked car or someone’s property. You can be charged for a “hit and run” if you drive away even if the accident is not your fault. If you cannot find the driver or owner of the property, the law says you can only leave after you have left your name, address and an explanation. You must call the police or the CHP if the accident caused a death or injury. An officer will come to the scene and make a report.
The law requires you to give reasonable assistance to injured persons such as calling an ambulance, taking the person to the hospital, or giving first aid – if you know how.
If you are not trained in first aid, do not move someone who is badly injured. However, you should move someone who is in danger of being injured worse or killed – even if you make the injury worse. As soon as you can, call 911 or flag down a passing motorist and ask for help.
You and the other driver should exchange driver licenses, vehicle registration and insurance information. The other driver’s name, address, date of birth, telephone number, driver’s license number and insurance information. The other car’s make, year, model, license plate number and identification number. All passengers’ names, addresses and telephone numbers. Ask them to stay to talk to the police or CHP. The name and badge number of the law enforcement officer who was at the accident scene.
It depends upon who is at fault. If you are both at fault then it must be determined what percentage each of you are at fault. Whether you and the other driver have insurance and what type of coverage you have will also determine how you get paid. You should immediately consult a lawyer who specializes int personal injury cases to determine the insurance coverage issues
If the other driver is not insured and he caused the accident, your own insurance policy may cover you for your injuries – if you have “uninsured motorist” and/or “medical payments” coverage. If you have collision insurance, it will pay for damage to your car, no matter who is at fault.
If the other driver was at fault, you may be entitled to compensation for your:
1. Keep treating, focus on getting better.
2. Keep a diary of how this accident is affecting your life. What you can’t do now because of this accident.
3. Keep a list of all the locations and people you saw for medical treatment as well as any out of pocket expenses that you incurred because of this accident.
They will gather all the necessary documentation for your case, beginning with
the traffic report (if there was one)
opening a claim with your insurance and the defendant’s insurance (if one wasn’t opened yet)
getting pictures of the accident, injuries, damages, etc getting statements from witnesses
gathering any other information to help your case.
Let your attorney know.
They will gather all the medical records and bills from the places and people you saw for medical treatment.
The process for gathering medical records and bills is a lengthy one, it sometimes takes medical offices months for them to get back me
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