What should I say — and not say — at the accident scene?

What should I say — and not say — at the accident scene?

What you say at the scene of an accident becomes part of the permanent record. Insurance companies, defense attorneys, and opposing parties will have access to witness statements, police reports, and any recorded or documented communications from the scene. Here is the complete guide from the attorneys at Cohn & Swartzon LLP.

What to say.

Give your name, license, registration, and insurance information to the other driver as required by California law. Give a factual, minimal account to law enforcement — what you observed, the direction you were traveling, the sequence of events as you experienced them. Answer the officer’s questions honestly and directly.

What not to say.

Do not apologize. In the adrenaline and shock of an accident, saying sorry is a natural human response. In a legal context, it is an admission of fault and can be used against your claim regardless of what actually caused the collision.

Do not say you are fine or that your injuries are not serious. Adrenaline suppresses pain and you may not yet know the full extent of what happened to your body.

Do not speculate about what caused the accident. Do not make estimates about speed, distance, or timing unless you are certain. Do not accuse the other driver of wrongdoing out loud at the scene — that is what the legal process is for.

Do not give any statement to the other driver’s insurance company at the scene or in the immediate aftermath without first speaking with an attorney. Their job is to gather information that limits what they pay you. Anything you say will be used toward that goal.Call Cohn & Swartzon LLP at 888-480-3883 before you speak to any insurance company. Our team is available 24 hours a day 7 days a week at legalhelp123.com. The call is free and the guidance you receive in that first conversation protects everything that follows.