Personal Injury

What to Do in a Fender Bender

In Massachusetts, motor vehicle crashes are far too common. As of Dec. 6, 2021, there have already been 105,729 reported collisions in the state this year, with 365 resulting deaths. Whenever you get into a car, you risk being involved in a collision so remember to always drive carefully and follow the rules of the road. But even if you’re a safe driver, it’s extremely likely that you’ll be involved in an accident at some point. Scroll down to learn what to do in a fender bender.

What to Do in a Fender Bender

Even a seemingly minor accident or fender bender can result in more damage than you might realize. Following a collision that appears relatively minor, you might wonder whether it is necessary to report it. The other motorist might even ask you not to file an accident report. However, you should report any accident you are involved in as soon as possible. Motor vehicles are expensive, and the costs to repair vehicles have also increased. Under Mass. Gen. Laws Ch. 90, § 26, you must report any accident in which someone was injured or killed or in which more than $1,000 in property damage occurred. With automobile repair costs being high, this means that nearly every motor vehicle accident must be reported. Promptly reporting an accident can also help protect your ability to file a claim and preserve your rights to recover damages. Review the steps below if you’re wondering what to do in a fender bender.

1. Call the police.

You should always call the police to report an accident even when it appears to only involve property damage. The police may or may not respond to the scene of your accident. If they do not, file a report of your accident to the Registry of Motor Vehicles as soon as possible and no later than five days after your collision. If the police do respond, make sure to ask where you can go to get a copy of the police report. The report will include crucial information that you might need for your insurance claim.

2. Check for injuries.

You should check yourself and any passengers for injuries after you call the police. If anyone is injured, provide first aid until help arrives. Do not immediately assume that you have not been injured. Some car accident injuries might not show symptoms for several hours or days after a collision. If the police ask you if you have been injured, tell them that you plan to get checked out by your doctor.

3. Exchange information with the other motorist.

You are required to exchange information with the other involved driver whenever you are involved in a collision. This includes names, addresses, phone numbers, driver’s license information, and insurance information. Ask for this type of information from the other driver and provide yours as well. You should also ask who is the registered owner of the other driver’s vehicle in case it does not belong to the driver.

4. Take pictures.

Gathering evidence at the accident scene can help with your accident claim. Take pictures of both involved vehicles, the road and weather conditions, and other relevant details like nearby traffic lights, speed limit signs, or tire skid marks. Photographs are useful for helping determine fault and might be important when you file an insurance claim.

5. Ask for the names and contact information of witnesses.

If anyone saw your crash, you should ask for the names, phone numbers, email addresses, and home addresses of each witness. Third-party accident witnesses can help with accident claims because they can provide neutral statements about what they saw.

6. Get a medical examination.

Even if you do not believe that you have been injured, you should still see your doctor for a medical examination. It is common for people to not experience symptoms for a few hours or days after an accident. If you wait to see your doctor, it will be hard for you to recover damages for your medical expenses.

7. Report your accident to your insurance company.

Massachusetts is a no-fault state for car accidents, meaning that each driver must report an accident to his or her own auto insurance company. Your personal injury protection should cover the costs of injuries you might have suffered for up to $20,000 or $40,000 if you and more than one other passenger were injured. If your medical expenses cost more than this amount, you should speak to an attorney about filing a claim against the other motorist.

8. Consult with an injury attorney.

If you sustained serious injuries and believe that the accident was caused by the other driver, you should consult with an injury attorney as soon as possible. Accident claims involving serious injuries can be complex. Contact Ellis & Associates for a free case evaluation at 800-MR-ELLIS.

Ellis & Associates

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