Auto Accidents
Protect yourself and others:
- Drive defensively.
- Don’t drive after drinking.
- Make sure you and your passengers wear seat belts.
- Use appropriate and properly installed car seats for small children.
- Have adequate insurance coverage.
- Stop.
- Help or get help for injured people.
- Warn motorists (use flares, hazard lights).
- Call 911 to contact the police.
- Write down information about the other driver and car, witnesses, passengers, accident location and more.
- See your physician if you have any health concerns.
- Report the accident to your insurance company.
- Make a claim with your insurance company and/or the other driver's insurance company to pay for your injuries and losses.
1. If I have an auto accident, do I have to stop?
Yes. Delaware law says you must stop-whether the accident involves a pedestrian, a moving car, a parked car or someone's property. If you drive away, you can be charged with a hit and run even if the accident was not your fault. You must also exchange information with the other driver-your name and driver's license number, the vehicle identification number of the car you are driving, the name and address of the car's owner, the name and address of your insurance company and your insurance policy number.
If you hit a parked car or other property, try to find the owner or driver. If you cannot, you may drive away only after you leave behind, in a conspicuous place, your name, address and an explanation of the accident, and the name and address of your car's owner (if other than yourself).
You must call the police if the accident caused a death or injury. An officer who comes to the scene of the accident will conduct an investigation.
2. What should I do if someone is injured?
Give reasonable assistance to anyone who is injured. For example, you may need to call an ambulance.
If you are not trained in the appropriate first aid procedures, do not move someone who is badly hurt; you might make the injury worse. However, if you can safely move someone who is in danger of being hurt worse or killed (for example, in a car fire) you may attempt to do so.
To help prevent additional collisions, try to warn other motorists that an accident has occurred. Placing flares on the road (only if there are no flammable fluids or items nearby), turning on your car's hazard lights and lifting the engine hood are usually good ways to warn others on the road. Arrange to get help for anyone who is injured, and try not to panic.
3. How can I get help?
As soon as you can get to a telephone, call 911. Explain the situation and give the exact location of the accident, so that help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine.
Remain on the telephone until the operator tells you it is okay to hang up. Or, flag down a passing car and ask the driver to go for help. The driver may have a cellular phone in the car and can make an emergency call on the spot.
4. What information should I gather at the accident scene?
Since many records now are confidential under the law, you may not be able to obtain the information that you want from the Department of Motor Vehicles (DMV). So be sure to get as much correct and complete information as you can at the scene of the accident.
You and the other driver should show each other your driver's licenses and vehicle registrations. Then you should attempt to write down:
- The other driver's name, address, date of birth, telephone number, driver's license number and expiration date, and insurance company.
- The other car's make, year, model, license plate number and expiration date, and vehicle identification number.
- The names, addresses, telephone numbers and insurance companies of the other car's legal and registered owners-if the driver does not own the car.
- The names, addresses, dates of birth, driver's license numbers and telephone numbers of any passengers in the other car.
- The names, addresses and telephone numbers of any witnesses to the accident. Ask them to stay to talk to the police. If they insist on leaving, ask them to tell you what they saw or write everything down.
Try to identify people at the accident scene, even if they will not give their names. For example, if someone who saw the accident drive off, take down his or her license plate number. Law enforcement officials can trace the owner's name and address.
The name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you can get a copy of any accident report.
A simple diagram of the accident. Draw the positions of both cars before, during, and after the accident.
If there are skid marks on the road, pace them off. Draw them on a diagram, noting the distance they cover. Mark the positions of any crosswalks, stop traffic signs, traffic lights or streetlights. If you have a camera with you, take pictures of the scene, and of the other drivers and occupants.
However, do not place yourself in a position of danger in order to complete an accident diagram. Be aware of traffic conditions and skip any measurements that could place you in a position of harm.
Make notes, too, on weather and road conditions.
If the accident happened after dark, note whether the streetlights were on. Estimate your speed and that of the other vehicle. Be sure to record the exact time, date and place the accident happened.
5. If I think the accident was my fault, should I say so?
Do not volunteer any information about who was to blame for the accident. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are. You should first talk to your insurance agent, your lawyer or both. Anything you say to the police or the other driver can be used against you later.
Do not agree to pay for damages or sign any paper except a traffic ticket (see #6) until you check with your insurance company or lawyer.
However, be sure to cooperate with the police officer investigating the case. But, stick to the facts.
6. What if I get a ticket?
In Delaware, when you sign a ticket, you may actually be pleading guilty to the charge. Make sure you follow the directions on the ticket or at the appropriate website to contest the ticket if necessary.
While it is okay to sign the ticket, you may want to talk with your lawyer before you pay a fine or plead guilty to the charges.
If you plead guilty, you may hurt your chances of collecting damages from the other driver later. Or, you may help the other driver to collect damages from you.
Do not drink and drive!
Drunk driving. Driving with a blood alcohol level of 0.08 percent or higher (or any percent if you are under 21)is illegal, and the penalties for drunk driving in Delaware are severe. You can be arrested even if your blood alcohol level is less than .08.
Seat belts/child passenger restraints. You can be pulled over and ticketed by the police if you or your passengers are not wearing seat belts. In addition, children must be protected by a special safety seat.
Children who are required to be in safety seats also must sit in a back seat under most circumstances.
7. Do I need auto insurance?
Delaware's compulsory financial responsibility law requires that every driver and vehicle owner have insurance or other proof of financial responsibility.
You must carry written evidence of financial responsibility whenever you drive. For most of us, that means evidence of an automobile insurance policy. Often, that evidence takes the form of an insurance card issued by your insurer.
If you don't have this evidence to show a police officer after a citation stop or an accident, you may have to pay a fine and a court may impound your vehicle.
8. Should I get a physical checkup after the accident?
A checkup may be a good idea for both you and your passengers if any of you have concerns about your health.
You could be injured and not know it right away. You may wish to call your doctor or another health care provider for advice. Your Delaware automobile no-fault insurance should pay some or all of these health care bills.
9. Do I have to report the accident?
Yes. First, you may need to call the local police (see #1). Second, report the accident to your insurance company. Ask your insurance company or insurance agent what forms you should fill out and to help you make other necessary reports on the accident.
10. Who pays if I'm injured, cannot work and my car is damaged?
That depends on who is at fault, whether you and the other driver have insurance and what kind of insurance you have. There are three major types of automobile insurance: liability, collision, and no fault.
Liability. If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy limits.
If you are not at fault, the other driver's liability insurance usually pays for your car damage and/or personal injuries up to the policy limits of the other driver's policy.
Collision. No matter who is at fault, your collision insurance may pay for damages to your car (not your medical expenses), minus the policy deductible.
No Fault (PIP). Your Delaware no-fault or personal injury protection insurance will pay your medical bills and the cost of necessary medical treatment for you and your passenger up to the policy limits. It will also pay for lost earnings if you cannot work and are disable by a physician.
11. What should I do if the other driver does not have insurance?
If the other driver caused the accident and is not insured, your own policy can pay for your personal injuries-if you have uninsured motorists coverage, up to the specified limits as provided in your policy.
If the other driver's insurance is not enough to pay for all of your damages, you own insurance may pay the difference-if you have underinsured motorists coverage.
If you do not have these kinds of insurance or if your damages are more than the policy's limits, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay.
12. What if someone sues me?
Contact your insurance company or insurance agent and/or your lawyer right away.
Generally, your insurance company will assign a lawyer to handle your case. But, if you are sued for money than your policy covers, or if your insurance company indicates it may not cover you for everything, you may also need your own attorney.
Also, insurance company lawyers do not handle traffic citations or criminal cases, such as hit-and-run charges.
13. What if I want to make a claim for my injuries?
If the other driver was at fault, you may be entitled to compensation-for your personal injuries, pain and suffering, car damage and other expenses, such as lost wages or the cost of a nurse needed after the accident.
If you plan to sue, do not delay. There are time limits for filing various types of claims-so act quickly.
The purpose of this article is to provide general information on the law, which is subject to change. It is not legal advice. Consult a lawyer if you have a specific legal problem.
