At the scene of your car accident, be careful what you say, especially when talking to the other driver about the cause of the accident. The "who pays" decision usually depends on who was most at fault for the accident, and statements made by the drivers at the scene are often powerful evidence on this point. When a driver blurts out, "I'm sorry. I didn't see you," that's strong evidence that the speaker caused the accident. And there's a good chance that the speaker did cause the accident, but a closer look at the circumstances may tell a different story.
Maybe the other driver wasn't seen because he or she:
- ran through a red light
- didn't have the vehicle's headlights on in the evening or an night, or
- was driving much too fast for other driver's too react.
Under any of these circumstances (and there may be others), there may be a very good reason why Driver A "didn't see" Driver B -- and meanwhile Driver B may be as much to blame (if not moreso) as Driver A in causing the accident.
You May Be Wrong
As demonstrated in the examples above, the main reason you should be careful what you say at the accident scene -- and should not admit that you caused the accident -- is that you may be wrong. This is especially true since you are under great stress right after an accident, may be in pain, and may not be thinking clearly. So, watch what you say, and watch who you say it to -- only talk to the police officer about how the accident happened. And stick to the facts.
Your Statements May Be Misunderstood
In addition to the risk that statements made at the scene could be wrong, there is also a chance that correct statements can be misunderstood or misinterpreted. Witnesses can misunderstand what you say, and later claim that you said something different. Even a simple statement like "I was paying attention" could be heard as "I wasn't paying attention." And statements can be misinterpreted. A simple "I'm sorry" can be interpreted as an admission that the speaker caused the accident, when all she meant was that she was sorry that the accident happened, no matter who caused it, or that she was simply sorry that another person had been hurt.
If it's the right thing to do, you can always accept responsibility for causing the accident later, after you leave the scene, calm down and analyze the situation. Of course, while you should be careful what you say, if the other driver says anything about how he caused the accident, you should do two things . . . write down exactly what the other driver said, and tell the police officer. That way, you will have a record of the admission in your notes and, hopefully, the police officer will put it in the accident report too.
You can use this accident scene investigation form to record the statement that the other driver made. Put it in the "Other Driver" section, under "statement."
Your actions at the accident scene are a vital component of winning your case. If you aren't sure what to do at the scene of your auto accident, see all-about-car-accidents.com section on behavior at the accident scene so you'll be prepared in the future.
