Motor Vehicle Accident Checklist

Stop - Do not leave the scene

You must stop – it's the law.  And you must exchange your information with the other driver(s) Leaving the scene of an accident is forbidden.  You can be arrested, charged with a crime, fined and even sent to prison. No matter how bad the situation looks for you – it will be made much worse by leaving the scene.  

Get off the road and turn on flashers

If possible, get to the side of the road or next to a sidewalk. Getting your vehicle off the road and out of the flow of traffic prevents additional collisions and further danger to occupants.  Turn off the engine. Turning on flashers or flares alerts oncoming drivers of danger and will also make it easier for first responders to locate you.  If conditions are poor – night time, bad weather – remember that your accident scene may not be visible.

If it is safe to leave the vehicles where they are, then is ok to do that. If because of damage or injuries you can't move the vehicle – leave it where it is and get yourself and your passengers to safety. Keep everyone away from the road and any traffic and also from any additional dangers such as embankments, bodies of water, crumpled metal, glass etc. 

Check for injuries. If someone is injured, call 911 for help right away.

 Describe the situation to the dispatcher who will  start getting medical help mobilized to the scene.  Also report any immediate dangers – vehicles are in the road, leaking fuel, smoke, dangerous location, etc.  

While you are waiting for the police or medical help to arrive, assist or comfort anyone who is injured. Like many states, Massachusetts has "Good Samaritan" Laws.  This means that  you can try to assist someone in need without worrying that you could be liable for harming them.  If you know first aid then try to assist,  people who stop may also be able help. Do not do anything that might make things worse - such as moving an injured person with serious injuries especially head or spine injuries.  

Call 911 to report the accident

In Massachusetts you are required to call the police if anyone is – or might be - injured or if property damage exceeds $1,000.00.  Injuries can be hidden and assessing damage is probably not your field of expertise. Unless damage is truly neglible, it's best to err on the side of caution and call the police. 

State the facts and the location as best you can.  State if there are injuries and if there are any immediate dangers – leaking fuel, smoke,   If it is safe to do so, and you are able, you could start assessing the situation as to facts:  where are you, how is everyone, surroundings, how many vehicles are involved, damages. 

Don't skip calling the police.  Sometimes one driver is very insistent that you not call the police. This often happens when they have a bad driving record.  And sometimes it happens when the other driver is clearly at fault.   If you think you should call, call anyway.  If you feel threatened or bullied, state those facts to the police. 

Sometimes drivers agree between themselves not to involve the police. This is a bad idea.  For one thing, there will not be an objective police report containing the facts about the accident. And the other reason is that you cannot necessarily trust the other driver.  They may be in trouble with the law for other motor vehicle infractions. Their insurance may have lapsed. They may go ahead and file a report anyway and give false information about what happened or implicating you. Your expenses could be much higher. 

While you are waiting for the police, if it is safe to do so, and you are not hurt, you could start assessing the situation as to facts:  where are you, how is everyone, how many vehicles are involved, damages. What are the surroundings and conditions.  

Accept medical attention

Unless you are absolutely certain you were not injured, you should accept medical care from first responders and follow their advice on treatment including transport to a medical facility. Otherwise, seek medical attention at your local emergency room or see your personal physician at your earliest opportunity. However, if your injuries are at all serious – accept treatment at the scene or at a hospital or ER.

If you were knocked out even briefly, if you banged your head, feel dizzy, have seat belt or air bag abrasions, or feel pain anywhere - don't refuse medical treatment.    (Also make sure that anyone else who is injured gets offered medical attention.) This is not the time to worry about the cost of medical care.  

People always underestimate their injuries after an accident. Frequently the shock of an accident raises adrenaline levels – masking pain and other symptoms. It's a natural built in physical response that allows people to get away from danger even when they are injured.  You will definitely feel worse the next day if not sooner. Many of the more serious injuries people receive from car accidents are not apparent immediately, particularly head, neck and back injuries and internal injuries.  Not only do you risk making your injuries worse by not getting medical care right away, you miss the chance of documenting your injuries and connecting them to the accident - vital evidence you'll need later on when a claim is filed. Also, if you refuse treatment, the other driver might say you weren't seriously injured.  An insurance company might try to say you got your injuries some other way. 

If you can't see a doctor right away – take photos of any scrapes, cuts or bruises, ripped clothing, etc. 

Exchange information with other drivers

You must share your personal contact and insurance information with the other drivers (and also with the police). It’s the law.

However, it's best not to discuss how the accident happened with the other drivers. Don't minimize your injuries. Don't admit or assign blame.  Don't apologize or make statements about fault or what led to the accident.  Even if you think you caused the accident, don't say so. In fact, you might be mistaken. Let investigators sort out the evidence. They will decide who is to blame.  You don't want statements made in the heat of the moment to jeopardize your future court appearances or insurance claims.   Before you interact with the other driver, take a deep breath and keep your emotions and thoughts to yourself. 

Provide:

• Your Name, Address and Phone number

• Your Driver’s license number

• Your vehicle's License plate number

• Your Vehicle Insurance information – the Company and Policy Number

• Additionally:

  • Write down the time and date and the exact location of the accident if possible or a description of the area and any landmarks. 

  • Write down the other vehicle’s brand, model and color.

Identify yourself to police and show proof of insurance

Hopefully, your insurance is current. If it is not, do NOT try to hide that fact.

The law requires that you carry certain amounts and types of insurance and that you have proof of that up-to-date insurance coverage with you in your car.  You are required to show your proof of insurance document to the police at the scene. Failure to do subjects you to a serious fine - up to $5,000 – and possible jail time.  And if you are convicted, your license, registration and license places can be suspended.   

As you know, all Massachusetts drivers must carry certain minimums of insurance coverage  on their vehicle :

• $20,000 bodily injury per person per accident.

• $40,000 bodily injury for all persons per accident.

• $5,000 property damage liability.

• $8,000 personal injury protection.

These coverages are there to protect the drivers and occupants of vehicles involved in car crashes. 

You are not required to carry insurance for collision damage, uninsured/underinsured motorists or comprehensive insurance although many people do, particularly if they feel their vehicle is valuable.  Leased vehicles and vehicles that are still being purchased have insurance requirements.  

Cooperate with police and get the police report number

Answer any questions the police have about the accident clearly and politely. Be honest and stick to the facts. Do not cast blame on the other drivers. 

Remember - accidents are extremely stressful and everyone is upset. Try to calm down. The police are trying to write an objective report of the accident, but such actions and demeanors as loud arguments, acting belligerently or defensive will also be recorded in the  report.  The police report of the accident will be an important document later on if you are summoned to court or want to file a claim.  Ask the officer for the Report Number and also write down the officer's name, badge number and police authority branch – such as state police or town police.

What to do if police do not respond or come to the scene

IF ANYONE IS INJURED – KEEP CALLING 911.  

Sometimes police are too busy with more serious calls to respond to a less serious accident.   

If no one is injured and you've called more than once, call the dispatcher one more time, tell them that are thinking of leaving the scene and ask for advice. They will record your intentions. They will probably advise that once everyone has exchanged information you may leave.  However, you should report the accident in person yourself at your local police station, preferable within 24 hours.  If possible get a copy of their report or  a report number. 

You must still inform your insurance company and you must still file a Motor Vehicle Crash Report with the Registry of Motor Vehicles.

What to do if your accident was not on a public road

 Police may or may not come to an accident on private property - but call 911 anyway.   

Always call 911 if anyone is seriously injured, no matter where the accident happens.

If an accident occurs somewhere that is not on a public road, such as in a parking lot, exchange information with others involved, take photos, look for witnesses and all the rest, but the owner of the property should also be notified.  For one thing the property owner may bear some responsibility for the accident due to conditions or upkeep. And on the other hand, they may have a security camera that recorded the accident or a security guard that witnessed it - this evidence or testimony will be helpful to have.

It's not always easy to determine who owns a property. Taking pictures of the scene and any signs can help.  Call an attorney when you are able to do so. An experienced motor vehicle accident attorney will investigate and can sort out these types of unusual situations.  

Get information from witnesses

Often the only witnesses to an accident are the people involved. Often the reports of the parties don't match. A third, objective witness could make all the difference in such a situation.     

Drivers in other vehicles sometimes stop. Get their contact information. Ask if they have a business card. People who stop to help may have seen something or have other relevant information – such as weather conditions. So take the time to look around for witnesses.   

Many people are potential witnesses: pedestrians, people in nearby buildings or businesses, even first responders or tow truck drivers could potentially give evidence. Try to remember witness’s comments and write them down. Witnesses sometimes change their mind about getting involved.       

Take photos of vehicle damages, damage to objects, property, conditions, and injuries

Most people these days have access to a phone that can also takes pictures.  Try to get as many photos as you can of the scene of the crash. The location and conditions – such as weather, wet, snow, ice, as well as the damage to vehicles. Take pictures from different perspectives. Get photos of license plates. Also get photos of any signs, traffic signals, landmarks. And also any road defects like potholes or debris - whether from the accident or not.  Try to determine exactly where you are and the time of day. Some cameras record date and time and even GPS location.  You can photograph your injuries and other people's also, (with their permission).

If the accident caused damage to private property, such as a building, then you will need to find out information about the owner of the private property.  

Write down what happened when you get home

Write down what happened in your own words, adding any additional facts that come to mind. Think about the weather conditions, the location, what you were doing just before the accident, anything you noticed, anything unusual, and what happened during the accident when it played out, and what happened afterwards. You probably won’t be able to write it all down at once. But start.

Contact your insurance company

In most cases, you are required to inform them right away and this alerts them that you may file a claim.   State the basic facts of the accident but don't make any official statements about fault or the extent injuries. There might be additional steps they want you take. But don't answer detailed questions or talk to an insurance adjuster or give statements until you speak to an attorney.  Often, insurance companies want to take statements immediately after an accident. Sometimes they will try to take a recorded statement over the phone. This is not for your benefit.   Try to delay this procedure. You will want to have gotten legal advice before providing such a statement.

Report your accident to the Registry of Motor Vehicles

You are required to file a Motor Vehicle Crash Operator Report about your accident within 5 days.  There is no fee involved. Even if police responded to the scene and wrote a report you still have to file this additional report.

These days, that process is made much easier by the availability of a downloadable form from the Registry:  

Keep receipts for car repair and medical treatments in a safe place

Start a file for papers and bills relating to the accident. First instance, you might already have a tow truck payment receipt or an emergency room treatment bill, you'll want to keep a copy your report to the Registry, you may get doctor bills or car repair estimates, your insurance company will send papers.  Keep everything safe in one place. This is your evidence.  Things might be a little crazy for a awhile. You'll be glad you have a plan for preserving documents.

Contact an attorney with expertise in motor vehicle accidents

The Law Office of Michael S. Rusconi can provide expert assistance to you following your motor vehicle crash or accident. We are dedicated to supporting our clients throughout the process of investigating and filing claims and negotiating settlements. We can also provide legal representation related to any court proceedings that arise out of a motor vehicle accident.