I've been in an car accident... Should I call and wait for the police?
It's a minor car accident, just a fender bender, and no one appears hurt. In fact, everything seems fine with you and the other driver. You exchange information because you don't want to use your insurance. You both agree the damages aren't that bad. You go about the rest of your day. Suddenly the phone rings and it's your insurance company; the other person has made a claim against your insurance and is claiming that they are physically hurt as well. Now what can you do? You have to fight the claim and the only proof is your word against theirs.
We're busy people and we know that many police departments are overworked. They probably won’t show up for hours. Leaving isn’t a big deal, right? WRONG! If you don't have a police report and the other party claims you were at fault, you will have a hard time proving your case. Likely, the insurance company will do a comparative fault analysis and find both parties to be partially responsible. Your premiums will go up and you will have an accident on your driving record. I’ve even had clients who have left the scene after talking to the other driver only to find out later that the other driver had waited for the police and said my client fled the scene. Now, not only is the other driver’s story the only story police get to hear, but there may be serious legal consequences as well. It doesn't always seem like a big deal but I always advise my clients to wait for the police, if for no other reason then establishing documentation from both parties about what happened. This makes it very difficult for the other party to change their story, and will often times prevent a lawsuit altogether if the other person is found to be at fault.
I’ve even had clients who have left the scene after talking to the other driver only to find out later that the other driver had waited for the police and said my client fled the scene.
Most people are good people and don't engage in this sort of behavior but there’s no reason to take the risk. It is better to be safe than to find yourself in litigation down the road. If you are involved in a car accident, call the police and wait for them to arrive. Insist that the other person wait for the police as well. If they decide to leave, stay and wait anyway. You want to have a police report documenting your side of the story. It keeps people honest and cuts down on false claims. Always call your lawyer for advice after the accident. I can help you navigate the insurance progress if there is no bodily injury or get you to a good doctor as soon as possible if you are hurt. Remember ... When No One's Carin' Call McLaren! If you've been hurt in a car accident call me to discuss today 504-300-8338!
You want to have a police report documenting your side of the story. It keeps people honest and cuts down on false claims.