1. Do I have to stop if I'm in an auto accident?
2. If someone is injured, what should I do?
3. At the accident scene, what information should be gathered?
4. Should I ever admit guilt if I think the auto accident was my fault?
5. What happens if I receive a ticket?
6. Do I need auto insurance?
7. Should I see a physician after the accident?
8. Do I have to notify anyone of the accident?
9. If I am injured or my car is damaged, who pays the bills?
10. What if the other driver is not insured?
11. Can I be sued?
12. How do I make a claim for my injuries?
13. What is the procedure for handling a case?
14. Things to do

1. Yes. California 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 "hit and run"-even if the accident is not your fault.

Hit and run penalties are severe. Depending on the amount of damage, you may be given a large fine, sent to jail or both. You also could lose your driver's license.

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-and you must notify the local police or California Highway Patrol (CHP) either by telephone or in person.

You must call the police or the CHP 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, you must make a written report on a form available at the police department or CHP office.

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2. 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 are not trained in first aid, do not move someone who is badly hurt; you might make the injury worse. However, you should move someone who is in danger of being hurt worse or killed-even if you do make the injury worse.

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

Arrange to get help for any injured persons, and try not to panic.

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3. 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 drivers' licenses and vehicle registrations. Record:

• 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, and telephone numbers of any passengers in the other car.

• The names, addresses and telephone numbers of witnesses to the accident. Ask them to stay to talk to the CHP or police. If they insist on leaving, ask them to tell you what they saw and write everything down. Try to identify people at the accident scene, even if they will not give their names. For example, if a man who saw the accident drives off, take down his 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 the 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 the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or street lights. If you have a camera with you, take pictures of the scene.

Make notes, too, on weather and road conditions. If the accident happened after dark, say whether street lights were on. Estimate your speed and the other driver's. Be sure to note the exact time and place the accident happened.

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4. Do not volunteer any information about whose fault the accident was. 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 talk to your insurance agent, your lawyer or both before taking the blame. 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. For instance, if you were driving 30 miles an hour, say so. Do not say, "I wasn't speeding."

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5. Sign it. A ticket has nothing to do with your guilt or innocence. When you sign, you promise to appear in court. If you do not sign the ticket, the police officer can arrest you.

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. Find out if you can attend traffic school instead. 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.

Drunk driving-Driving with a blood alcohol level of 0.08% or higher (0.05% if you are under 18) is illegal, and penalties for drunk driving in California are severe. The chart below, prepared by the California Highway Patrol, is a guide, but not a guarantee, of how many drinks it may take to raise your blood alcohol level to a percent that would be considered illegal when behind the wheel.

Seat belts-You can be pulled over and ticketed by the police if you or your passengers are not wearing seat belts. Children under 4 years old or who weigh less than 40 pounds must be protected by a special safety seat.

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6. Yes. If you are in an accident you must share the name of your insurance company and your policy number with the other driver(s) involved in the accident. If you are not insured, you will be fined. Then, within 60 days you must prove that you are financially responsible. If you do not, you could lose your license for one year. If you tell the officer that you have insurance when you do not, you can be fined, sent to jail or both. And your license will be suspended for one year. The law says that you can prove your financial responsibility in one of these ways:

Insurance. You must have liability insurance that provides at least $5,000 coverage for property damage for one accident, $15,000 for one person injured or killed in an accident and $30,000 for two or more people injured or killed.

Cash. You can deposit $35,000 in cash with the DMV.

Bond. The DMV also will accept a bond for $35,000.

However, very few bonding companies issue financial responsibility bonds.

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7. A check-up may be a good idea for both you and your passengers. You could be injured and not know it right away. At least call your doctor or another health care provider for help in deciding what your needs may be.
Your automobile insurance may pay your health care bills.

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8. Yes. First, you may need to call the CHP or the local police (see #1).

Second, report the accident to your insurance company. Ask your agent what forms you should fill out and to help you make other necessary reports on the accident.

Third, you and the other driver must report the accident to the DMV within l0 days if:

• the damage to either car is more than $500; or

• anyone is injured or killed in the accident.

Get an SR-l Report of Traffic Accident form from your local DMV office, CHP, police or insurance company.

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9. That depends on who is at fault, whether you and the other driver have insurance and what kind of insurance you have. There are two major types of insurance: "liability" and "collision."

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's limits.

If you are not at fault, the other driver's liability insurance pays for your car damage and/or personal injuries.

In California, if you and the other driver both have car damage or injuries and you both are partly responsible for the accident, you each may be able to collect part of your loss. How much each of you collects from the other's policy depends on the amount of your damages and on how much each of you is at fault.

If you loan your car to someone who has an accident, your insurance pays for the damages-just as it would if you had been driving.

Collision. No matter who is at fault, your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible. Most insurance companies do not offer collision coverage for very old cars.

You may have other insurance too. Your health insurance, for example, may pay your medical bills. Also, your automobile insurance may have medical payments coverage. If so, it will pay the cost of your medical treatment. This coverage can be used in place of your other health insurance or in addition to it.

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10. If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries-if you have "uninsured motorist" or "medical payments" coverage. If the other driver's insurance is not enough to pay for all of your damages, your own insurance may pay the difference-if you have "underinsured motorist" coverage.

If you do not have these kinds of insurance or if your damages are more than the policy's limit, 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.

If you have collision insurance, it will pay for damage to your car, no matter who is at fault.

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11. Yes. Contact your 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 more money than your policy covers, you may need your own attorney too.

Also, insurance company lawyers do not handle traffic citations or criminal cases, such as hit and run charges.

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12. 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. You should make a claim with the other driver's insurance company. But, if you are not satisfied with the amount they offer, you may want to sue.

If you plan to sue, do not delay. There are time limits for filing various types of claims--usually one year after the accident, but sometimes much less--so act quickly.

Most accidents involve automobiles, motorcycles, slip and fall incidents, and defective products. Our office also handles wrongful death cases. Those are cases in which a person has died due to the fault of another.

All attorney's fees are charged on a contingency basis. This means that no attorney fee is ever charged unless there is a financial recovery on the case.

The amount of the fee is a prearranged percentage of the recovery. There is no retainer fee, no fee for the initial consultation and no fee for helping clients settle a claim for damage to their vehicle. All fee arrangements are made in writing. Many expenses are incurred in the handling of a personal injury case. Those expenses include such items as investigation, obtaining medical records and doctor reports, and court filing fees. Our office advances all expenses on behalf of the client.

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13.> The Law Offices of Nadrich & Cohen, LLP is an 15 person law firm which has the resources to fight any insurance company or large corporation.  We work on a contingency fee basis. A contingency fee means we only obtain a fee if we make a recovery.  If we do not win the case or make a recovery our clients owe us no fees or costs.  

With over 60 years of experience, the Law Offices of Nadrich & Cohen, LLP and their highly experienced staff of trial attorneys, paralegals, investigators and law clerks have the expertise and ample resources to successfully research, investigate and litigate all of its clients personal injury claims no matter who what.  We obtain the best results possible for our clients.  We can help you immediately. All E-mail and form submissions will be responded to by a qualified member of our firm within 24 hours.

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14. Protect Yourself And Others:

• Drive defensively.

• Don't drive after drinking.

• Make sure you and your passengers wear seatbelts.

• Have adequate insurance coverage.

If An Accident Happens:

• Stop.

• Help or get help for injured people.

• Warn other motorists (use flares, hazard lights).

• Call 911 to contact the police or California Highway Patrol if an injury or death occurs.

• Take notes on the accident and write down information about the other driver and car, witnesses, passengers, accident location and more.

• Cooperate fully with law officers, but speak with your insurance agent and/or lawyer before accepting any blame.

After An Accident:

• Call or see your physician.

• Report the accident to your insurance company.

• Report the accident to the Department of Motor Vehicles within 10 days if someone is injured or killed or if damage to either car is more than $500.

• Make a claim with your insurance company and/or the other driver's to pay for your injuries and losses.

• Contact the Law Offices of Nadrich & Cohen, LLP if you want to make a claim.