A few things. When in a fender-bender accident- get off the highway. Signal to the other dude that you’re going off and note his licence plate and vehicle type. Then, once safely off the road- exchange info, such as insurance cards, DL numbers and what not. Don’t talk about guilt. There is no need to call the PD. If you do call the PD, don’t call 911, it’s not an “emergency”. I only suggest calling the PD in areas where it’s required to do so or the PD has special “civilian” officers for just this sort of thing. Now, many will say “but what if I need the police to determine fault?” Well, a few things on that- most PD won’t. They didn’t witness the accident, and without a full blown “vehicular manslaughter” type invesigation, they can’t. Next- it’s a civil tort issue- fault in a fender bender isn’t a criminal matter. Finally, the time spent by a Uniformed gun-toting police officer helping you collect your $200 deductable is time that the officer isn’t out there serving the public for real emergencies. Again, in certain juristictions, you are required to call the police- if so, *do so * of course!
You do need to call the police- and often by dialing 911- if there are any of the following: serious injuries, death, a vehicle is unable to be moved out of the road, drugs or alcohol are involved, or the other guy doesn’t have insurance. That last is depending. Obviously, if there are injuries, you need to consider moving them as compared to the very real risk of more cars plowing into the accident.
Now, this cite only one attorneys opinion, and is only valid in CA:
http://www.samgabriel.com/PersonalInjury.shtml
“Call the police or CHP, too, 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 at the scene, you must make a written report within 24 hours.” Note that your insurance company will file that report for you, assuming you tell them, of course.
The argument about whether or not to call police is a heated one. Some Insurance companies want you to- but it’s their money. Many PD’s ask you not to for minor fender benders. But there’s no argument at all about getting out of traffic- do it (well, unless you are in a rare juristiction where you by law, aren;t suppoed to. I can’t think of any , but IANAL)
http://www.wppd.org/faq.htm
"If you are involved in a traffic crash you should first stop and check if there are any injuries and then remain at the scene. If possible you should then move the vehicles off the roadway to allow traffic to flow; there is NO law in Florida that prohibits you from moving your vehicle out of the roadway after a crash. If the crash involves injury, a drunk driver, a hit and run with suspect information, or if your vehicle is disabled requiring a tow, you need to notify the police immediately.
If you are involved in a crash with total damage to any vehicle or other property in an apparent amount of at least $500, there are no injuries, and vehicles are drivable, you are still required to notify the appropriate law enforcement agency. If the total damage is less than $500, it is not necessary to report the accident, however, you should exchange driver information among the parties involved in the accident. This information should include; your driver’s license, current vehicle registration and current proof of insurance. "
“When you are involved in a traffic crash you should stop and remain at the scene. If possible you should move you vehicle off the roadway. There is NO law in Florida that prohibits you from moving your vehicle out of the roadway after a crash; in fact the law REQUIRES you to do so, if possible”.
http://66.102.7.104/search?q=cache:IwZNQnS6DW0J:virginiadot.org/comtravel/faq-moveit.asp+accident+moving+your+vehicle+out+of+the+roadway+after+a+crash"&hl=en&gl=us&ct=clnk&cd=11
"If you’re in a crash: Move it… It’s the law
Have you ever been involved in a “fender bender” and left your car in a traffic lane rather than moving it? This is a pretty common habit in Virginia. If you have a non-injury crash it’s not necessary to wait for law enforcement before moving the vehicles involved. If the vehicles can be driven, move them to a safe location and then exchange the necessary information or contact law enforcement. It’s not just a good thing to do, it’s Virginia law!
When you leave your car on the road, you contribute to traffic back-ups which can cause other crashes. So the next time you’re involved in a non-injury crash and your vehicle can be moved - MOVE IT!!!
What to do after a crash:
Check for injuries. Make sure your passengers and those in the other vehicle(s) are okay. If anyone is injured or killed, contact the law enforcement immediately. If no one is injured and you’re blocking traffic, move your car out of the way first.
Notify law enforcement. You should notify the law enforcement if there are injuries involved, when the cars cannot be moved, when one of the drivers appears to be intoxicated, when damage exceeds $1,000, when one of the drivers has no insurance and/or when one of the drivers leaves the scene of the crash. " Note here, in VA, if the damage is high you do need to call the PD.
http://www.fostercity.org/Services/safety/police/accidentinfo.cfm
"Don’t assume other drivers on the roadway see you - If there are no injuries and there is any way possible to safely move the vehicles out of the roadway, please do so immediately. If the vehicles are not moveable activate the emergency flashers if possible, and move yourself and other occupants of the vehicles to a place of safety. It is extremely important to move vehicle and passengers out of the roadway as soon as possible. Numerous accidents could be prevented each year if these simple steps were followed. Other motorists either collide with the vehicle already involved in the collision or they are distracted by the collision and cause another separate “rubber-necker” collision.
OK, so now you are safely out of the roadway…Now what? At this point you have a few options:
In California, a police report is not required unless the collision results in injury or death. Remember, if you choose to file a police report, the information is reported to the State Department of Motor Vehicles. This accident will be reflected on each driver?s DMV history regardless of fault. This information may affect your insurance premium rates. Also, if a report is taken and the officer is able to determine fault, the driver at fault may receive a traffic citation for the moving violation that caused the collision. The citation will either be issued at the scene or mailed to the driver upon completion of the investigation.
However, if the damage is over $500.00 and/or there are injuries, an SR-1 form must be completed and filed with the Department of Motor Vehicles within 10 days. These forms are usually available at insurance officesAutomobile Club offices, DMV and local law enforcement agencies.
If a Police Report is not desired, the involved parties may need to contact their respective insurance companies with information about the accident.
If however the damage is extremely minor, the drivers may agree to some type of payment arrangements; thereby taking care of repairs “out of pocket” without involving a claim to either insurance company.
You’re thinking a police report is the right way to go…Here’s some more information:
A police report documents facts, physical evidence, and injuries. Based on these factors, law enforcement personnel are often able to determine who is at fault for causing the collision. It is very helpful to have an independent witness to the collision.
It is important to ask if anyone saw what happened immediately following a collision. Don?t forget to pass the information along to law enforcement personnel.
Remember to be as accurate and detailed as possible when providing your statement to the responding officer.
It is advisable to get a police report if one of the involved parties is uninsured and/or unlicensed, or if the other party refuses to exchange information.
If the other party leaves the scene without providing the necessary information or after advising them that the police are coming, the collision becomes a hit and run, which is a crime. If this happens, try to get the license plate number of the other vehicle, as well as a description of the vehicle and driver. Turn this information over to the responding officer. Do not attempt to follow or detain the other driver. Your safety is more important.
So, maybe a police report isn’t what you want…
Regardless if a report is to be taken, drivers are encouraged to and are required by law to exchange the following information after being involved in a collision.
- Full Name
- Address
- Residence and business phone numbers
- Drivers license number and State of Issue
- Insurance company and policy number
- Make, Model, and License plate number of your vehicle
- Witness or Passenger names, and phone numbers
It is also helpful to jot down the location and description of vehicle damage and to locate any possible witnesses to the incident" As you can see, that cite is neutral over whther or not to call the PD- except of course in the case of injury or death, and it’s advisable (as I said)"It is advisable to get a police report if one of the involved parties is uninsured and/or unlicensed, or if the other party refuses to exchange information.
If the other party leaves the scene without providing the necessary information or after advising them that the police are coming, the collision becomes a hit and run, which is a crime. " But note they say to move the vehicles if it can be done safely.
So get out of the highway. Call the police only if nessesary.
IANAL.