Vehicle accidents happen. Unfortunately, that's a fact of life all too often. There are many reasons they occur, ranging from intoxication, inattention, health issues, drowsiness, poor driving abilities, poor driving habits such as following too close, changing lanes abruptly, failing to signal your intentions, speeding way over the safe limit, poor vehicle condition and maintenance, inability to adapt to changing road conditions, and even road rage. So, if we all concede that accidents do happen, what then. What do you do when you have an accident?

First and foremost, as difficult as it might seem, is to stay calm and don't panic. If your accident is on a high speed highway and you are able to remain inside your vehicle, don't stumble out and across the traffic lanes. There is a great potential to be struck by other traffic, making what might have been a small accident into a tragedy. If your vehicle is on fire or otherwise in danger of being struck by other vehicles, exit if you can, and immediately get away from the vehicle. Move up an embankment or as far off the roadway as reasonably possible to avoid being struck by other vehicles, or hit by flying debris should a vehicle strike your car, or the debris field left after the accident. Usually, the best and safest path is to the far rear and right of your vehicle, as this places you relatively away from the accident scene. 

If you are uninjured, or only have minor injuries, help others who are injured if you know how. Ask for help from people at the scene who know first aid. Do not move an injured person unless they are in severe danger of further injury or death due to fire or other vehicles colliding with them. Use your cell phone if you have one to call for assistance; if you don't have one, ask several people to call and request assistance immediately. Don't just ask one person! I've seen too many cases where one person is asked and they either didn't make the call, couldn't get through, or for whatever reason authorities were not notified. Police and EMS would rather get 10 calls about a serious incident than none at all.

Depending on your state law, you may be required to contact law enforcement authorities following the accident. Some states require you to do so on any accident where property damage exceeds a certain amount, sometimes as low as $250. Almost all states require accidents involving any personal injury be reported, no matter how minor the personal injury is. So, if the other driver or you has a small laceration that you think can be covered by a Band-Aid, you may still need to report it. You might think you don't, but the penalties for failure to report can be hefty, so be sure you know the requirements of your state, as well as those areas out of state where you might travel. Also, if there is a traffic violation involved, a police report is a necessity so the innocent party won't be accused later on of having caused the accident. And, don't forget the liability issue where the other party claims more property damage later on, or personal injury that was not apparent or they had no complaints at the time of the accident. Factually, some injuries such as muscle soreness and soft tissue injuries can and do manifest themselves later. The idea is if there is doubt, call the police immediately.

Don't argue with the other party about whose fault the accident was. If it's questionable by either you or them, that's where the police report is necessary. Get witness statements if you can. Don't expect witnesses to remember a month later when your insurance company contacts them. Keep a notepad in your car for just such things, and ask them for their name, address and phone and a short version of what they saw. Get necessary  information from the other persons drivers' licenses, registrations and insurance cards. As a tip, check the license plate and VIN number of the vehicle against the documents you are looking at. That will help assure that the vehicle matches the insurance and registration card. Look at the drivers' license information and if it does not match the registration, ask who the vehicle belongs to. Look at the expiration date on the license and registration too, just to be sure it's valid. Same with the insurance. Be sure to get the names of all passengers in other vehicles too. In some city crashes, we've been astounded to find people who have alleged to be injured in vehicles that witnesses say the person wasn't even riding in. Keep a small camera in the car and take pictures of damage of all vehicles, not just yours, etc. They make small disposable cameras that are perfect for this purpose.

Now it's time to deal with the insurance company. In addition to your injuries, there's the matter of the damage to your vehicle, the other person's vehicle and the details that you really don't have the clear mind to handle. The insurance adjuster says "Just sign here and we'll handle it all." Wait a minute. You might be signing your rights away. Read it first! Get legal advice if necessary. Don't sign anything you don't understand 100%. This holds true regardless of what type loss you might have, auto, homeowners, commercial property, liability or workers' compensation. While I don't advocate attorneys for every case, sometimes they become the only way to assure you get a fair deal.

When dealing with the insurance company, recognize that they don't always have your good interests at heart. Frankly, many have only one overriding concern, and that's to save the most money possible on the claim. That can be especially true if you're not dealing with your own insurance company, or dealing with what is known as a "self-insured" entity, as some large corporations and public utilities are. If you are seriously injured, sadly enough, you'll probably end up with an attorney to fight the insurance company for you. Remember you have what is called a Statute of Limitations on how long you can wait until you file a lawsuit, if you are "stonewalled" by the other party, and/or the insurance carrier. If that time passes, you likely won't be able to sue. In many states it is one year from the date of the accident, so be aware of your legal rights should the need for a challenge arise. It's sad that in some cases, when a person is truly injured, that the responsible parties, and their insurers, don't step up to the plate and do the right thing. But, with fraud so rampant, many times insurance companies state they are simply trying to protect their best interests, and your best interests may be caught in the cogs of a very slow moving machine at best. And, in some cases, repeated promises that your check is being cut, or other vague statements, may be stall tactics, so the statute of limitations runs it's time limit and leaves you out in the cold.

I'd like to make very clear there are some very fine insurance companies out there who are very conscientious, and who are excellent before, during and after a loss. Unfortunately, there are others who are not. Again, as in everything else, it's "Caveat Emptor" or Buyer Beware when choosing an insurance policy. Do your homework and check out the reputation of the carrier before buying the policy. Ask family, friends, neighbors and do research on the internet. Check the Department of Insurance in your state for the record of the carrier. Ask your agent about the coverage you need to protect yourself financially, as well as emotionally, in the event of a loss. A good insurance carrier will be there when you need them most, but trusting to find out their reputation until the time of a loss is scary, to say the least. Of course, in an accident situation, you may have little choice when the other party is responsible and you have to deal with their insurance company.

You might need an expert witness if you have to go to court. Accident reconstructionists and forensic experts can tell whether the headlights were on at the time of a crash, how fast the vehicle was traveling, braking distance, directional movement, etc. In serious accidents, the truth comes out, no matter how many people tell their side or how many times spin is applied to the statements. You would be amazed at how many times people claim to be wearing seat belts following an accident, and investigation clearly shows they absolutely could not have been wearing them.

My first and foremost advice is to drive safely and avoid the accident in the first place. Drive defensively, wear your seat belts no matter how far your drive, even to the corner store, use a hands-free phone if you must take a call, avoid distractions and drive as if your life depends on it. Because...it does!

Finally, don't depend upon insurance to pay your bills and help you through the storms of life if you should become disabled. Many people either purchase, or have available through their employers' benefits, what is known as Long Term Disability Insurance policies. These policies allege to pay you a certain portion of your income if you become truly disabled and cannot work. However, when you read the small print, and then try to rationalize what the insurance company really means by their language in the policy, it may mean you can work cleaning tables at a fast food place, where before you were a manager of a large company, or a stock broker!  Thus, it may mean to them, you can actually work and are not disabled, although your mind will no longer allow you to do stock quotes accurately or manage a group of people effectively. You can, however, maneuver a cloth across that formica surface okay! Same holds true for your doctors' opinion. Their medical "experts" may do everything in their power to make it look like your diagnosis is uncertain, you could be improved, need another diagnosis by another doctor they approve of, and, in general, make it appear that they, who have never examined you, know more about your condition than the doctors who have been treating you for twenty years. Then, they may finally deny your claim, forcing you to retain counsel, and file a lawsuit against them, while your life spirals down the drain. Once again, I am sure there are some very fine insurance carriers, and others that are not. Unfortunately, you likely will never know which is which, until you need their help!

If this sounds implausible, just check the web for horror stories on this. Some disability carriers have been sued repeatedly both by consumers and by numerous states, and you should look closely at the record of the company that issues the policies you buy, or are purchased by your employer. Having a policy that may never pay when you need it is like having a parachute that might never open. Not a good thing to be carrying around and relying on!