What Should I Do If I Have An Auto Accident?

If I am in an auto accident, do I have to stop?

Yes, California law says you must stop - whether you are in an accident that involves a pedestrian, a moving car, a parked car or someone's property. If you drive away, you are guilty of "hit and run" - even if the accident is not your fault and even if the only damage is a small dent in a parked car or a neighbor's fence.

Hit and run penalties are severe. If the accident causes only property damage, you can go to jail for as long as six months or pay a fine of up to $1,000 or both. If someone is injured or dies, you can go to prison for up to three years or be fine $10,000 or both. Your license can be taken away, too.

If you hit a parked car, try to find the driver. If you cannot, the law says you may drive away only after you leave behind your name, address and an explanation of the accident. If you are driving someone else's car, you must leave the owner's name and address, too. Write the information on any paper handy and put it where the driver of the damaged car will find it easily.

If you hit a parked car and cannot find the owner, you must notify the local police or California Highway Patrol (CHP) either by phone or in person.

Call the police or CHP, too, if the accident caused a death or injury. An officer who comes to the scene of the accident will make a report. If an officer does not show up at the scene, you must make a written report within 24 hours. You can pick up a report form at the police department or highway patrol office.

What should I do if someone is injured?

The law requires you to give "reasonable assistance" to injured persons. For example, you may need to call an ambulance, take the injured person to a doctor or hospital, or give first aid - if you know how. If you think you will get in trouble for being a good Samaritan, you are wrong. California law says that you are not "liable" or responsible if you act in a reasonable way. In fact, you could be liable if you did not give reasonable aid.

If someone is badly hurt and you are not trained in first aid, do not move him/her; you might make the injury worse. However, if the person is in danger of being hurt worse or killed, you should move him/her even if you do make the injury worse. For example, suppose a woman is thrown from her car onto the middle of the highway. Since she is almost certain to be hit by another car, you should mover her carefully to a safe place.

To avoid additional conditions, try to warn other motorists that an accident occurred. Place flares on the road, turning on your car's hazard lights and lifting the engine hood are good ways to warn oncoming traffic.

What information should I gather at the accident scene?

The law says you must show your driver's license to the other driver, if he/she asks to see it. And the information on the license - name, address, telephone number and driver's license number - must be up-to -date. You also should be prepared to give your car license number and vehicle registration, the year and make of your car and the name and address of you insurance company. If the car is not yours give the name and address of the owner as well.

Be sure to get the same information from the other driver. Ask to see the person's driver's license and vehicle registration and copy of the information from both front and back. Get the names and address of any passengers in the car, too.

If there were witnesses to the accident, you need their names, addresses and phone numbers. Ask them to stay at the scene of the accident to talk to the police officer. If they insist on leaving, ask them to tell you what they saw, and write everything down.