You've Been In A Wreck

It happens like this — you're on your way to work and someone runs a stop sign and hits your car. The damage looks minor. The person who hit you doesn't want to exchange insurance information. Instead, he or she wants to pay for the damage and asks you to get some estimates. What should you do? And what does the law require you to do?

You should protect your own interests!

That means getting information from the other driver. The law says all parties involved in a collision must remain at the scene long enough to exchange information. You don't need to notify the police unless an ambulance or wrecker is required. If emergency services are needed, you must notify the police even if the accident happened on private property. But don't expect the officer to issue a citation — this is done entirely at the officer's discretion. The law also requires you to fill out a "Blue Form" within 10 days if the damage to either or both vehicles exceeds $500. You can pick up a blue form at Rebreu Body & Frame or at the DPS.

Alison Ender, Administrative Associate for the Austin Police Department's Traffic Division, has some suggestions about the kind of information you'll want to get in addition to the name and address of the other driver, particularly if you feel the other driver is at fault. She says it's important to note the make, model, color, and license plate number of the other car before you even get out of your car. This way if the other driver takes off, you'll have recourse. When you exchange information, ask to see not only the other driver's insurance card, but also his or her driver's license. Compare the photo to the person before you, and write down the date of birth, the license number, and the address. If possible, get the Vehicle Identification Number from the other car — it will be printed on the dash just below the state inspection sticker. And get the names and addresses of any witnesses. With this information, you can locate the other driver if he or she fails to accept financial responsibility for damage to your car. If the person is unwilling to show you a license or proof of insurance, Ms. Ender suggests you call the police right away.

If you feel the other person is at fault for the collision, don't agree at the scene not to involve his or her insurance company. Additional damage may be discovered when the car is partially disassembled for repairs. If an insurance company is involved, it's a simple matter to submit a supplemental bill. But an individual may refuse to pay for any repair costs above those included on the initial estimate.

Once you've gotten home, you'll want to call your insurance agent as well. If you are at fault in the collision, you may want to file a claim with your own company to get the damage to your car repaired. If the other party is at fault, your agent may be able to help you get a claim started against the other driver's insurance company.

You've Been In A Wreck — Now What?