Dos and Don’ts in Accident Aftermath

One moment, you’re listening to your car radio to soothe the aggravation of yet another gridlocked hour. The next, you’re frantically pushing on the brakes as traffic suddenly stops. But it’s too little, too late.

And when that split second has elapsed, you’ve joined the not-so-exclusive ranks of accident victims.

There were more than 132,000 traffic accidents in Los Angeles County alone in 1997, from fender benders to serious crashes involving fatalities. That works out to about 360 a day, notes Officer Wendy Moore, a spokeswoman for the California Highway Patrol, citing CHP statistics.

In Orange County, auto accidents totaled nearly 40,000, or about 110 a day, in 1997, the latest year for which complete CHP statistics are available.

Whether the accident is minor or serious, many drivers don’t know exactly what they are required to do in the aftermath. And some are simply too stressed (or too worried about how far their insurance premium will skyrocket) to think clearly.

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According to the team that springs into action in the aftermath of an accident--the police, your insurance agent or adjuster and the body-shop folks--many motorists could use a refresher course about dos and don’ts.

Here’s our quick guide:

* Don’t leave a car on a busy roadway if at all possible, says Moore, with the CHP’s Southern Division in Glendale. People have a tendency to stand, half-paralyzed, and assess the damage, but doing so puts them and others at risk, she says.

“If there are no injuries,” she says, “move the cars out of traffic lanes if they are capable of being moved.” Inform the other motorist that you are doing so, she advises, so the incident won’t be perceived as a hit-and-run.

“The actual definition of a hit-and-run,” she explains, “is failure to provide information to the other motorist.”

If there are injuries, you might not be able or willing to move the car, says Moore, who has 10 years of patrolling experience and suggests deciding on a case-by-case basis.

* Once you are in a safe place, Moore and other experts say, exchange information with the other driver or drivers. Ideally, you should obtain the name, address, telephone number, driver’s license number and license plate number of everyone involved. (Most insurance companies give policyholders a wallet ID card with these tips printed on the reverse.)

“Be observant of other people around who might be potential witnesses,” says Ric Hill, a spokesman for 20th Century Insurance Co. in Woodland Hills. If you can’t get their names and telephone numbers, he says, try to jot down their license plate numbers. If it becomes necessary, police could trace the person later.

Obtaining the identification of passengers is becoming more crucial, Hill says, because of a growing scam in which people who weren’t passengers in an accident claim they were and then proceed to file injury claims.

If possible, Hill advises, also note the time of day (whether it was dark or still light), the road conditions and the exact location of the accident--details that could help in the investigation to determine who is at fault.

When exchanging information, keep tabs on your temper--and that of the other drivers as well--Hill advises. He cites two recent cases in Southern California in which motorists became enraged to dangerous levels. In one case, one motorist abducted the other. In the second, an angry motorist smashed the other driver’s car window.

“Back off if you are dealing with someone with a temper,” he says.

* Hill also suggests that motorists involved in any accident, however minor, telephone the CHP or police and ask them to come to the scene, although he acknowledges that this might not be feasible because of manpower shortages, especially if the accident is relatively minor.

The CHP’s Moore, for one, says it is not necessary to have an officer at the scene of a minor accident.

“The CHP will respond on the freeway or in unincorporated areas,” she says. But it might take some time, and “we don’t always take a traffic report--it depends on the manpower available.”

If you do call for help, she says, “make sure you know where you are.” That is, be prepared to tell the dispatcher the roadway or freeway, the direction in which you were traveling and the nearest exit. If law enforcement is too busy to respond, another alternative is to stop at a CHP office and fill out a counter report, Moore says. This could prove helpful if you later need documentation, as the CHP files one copy and gives one to the motorist.

* Filing a report with the CHP does not relieve motorists of the responsibility to file with that other key state agency, the Department of Motor Vehicles.

Motorists are required to file a California traffic accident report, DMV form SR1/SR 1A, if there is property damage of more than $500 or if anyone is injured (however slightly) or killed. The report must be filed by each driver (or his or her insurance agent-broker or legal representative), regardless of who was at fault, within 10 days.

Failure to do so will result in a license suspension (that is, if a reminder notice is also ignored). The forms are available at any DMV or CHP office or online at https://www.dmv.ca.gov. (Click on “forms” and follow the links.)

If an accident results in injuries or death, the driver also must file a written report of the incident with the CHP or, if the accident occurs within a city, to the CHP or appropriate police department, within 24 hours.

* And finally, as soon as possible, call your insurance agent or company. The sooner you call, Hill of 20th Century reasons, the fresher your memory will be, and the better the investigation will go.

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Your insurance company will suggest auto-body repair shops on its approved list, but motorists should be aware that they have the right, under California law, to go to any garage of their choice. Many drivers don’t know that, says Igor Frank of Burbank Body Shop.

“Pick a shop,” he tells them. “Any shop.”

The other misconception? The length of time required to do repairs.

“Usually 1/8customers 3/8 don’t realize what’s involved,” Frank says. “They think a repair should take a day when it actually takes a week.”

That’s usually when Frank gives them this guideline: “Figure a day 1/8in the shop 3/8 for every $200 worth of damage. That’s a rule of thumb that people in our industry use. So for $1,000, figure five days.”

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Good Carma is a guide to automotive-related health and consumer issues. Kathleen Doheny can be reached at kdoheny@compuserve.com.