Automobile Accident Protocols
As featured in the Waconia Patriot. Kent Spellman, Attorney at Melchert Hubert Sjodin, provided the answers.
Question
What should I do if I am in an automobile accident with another vehicle and the driver of the other vehicle is at fault and that person says when we get out of our cars "Let's not call the police or tell our insurance companies. I'll just pay for the damage because I do not want this to go on my insurance."
Answer
Minnesota Statutes requires that you report all accidents with $1,000 or more of damage or where a person is injured to the Minnesota Commission of Public Safety. As a practical matter, almost any damage to an automobile will require more than $1,000 to repair. Insist that the police be called to the accident scene and that the other driver furnish you with his or her insurance information. If the other driver either takes off or takes off after giving you the information, file your own police report and take pictures of the damage. Also, try to get the names, telephone numbers and addresses of any witnesses to the accident. Do not agree to not report the accident to the police or your insurance company, or the other driver's insurance company.
What does the law require if I am involved in a traffic accident?
That depends on the type of accident in which you are involved and the variations are as follows:
- If your driving causes obvious property damage or bodily injury to someone or death, you need to:
- immediately stop your motor vehicle at the scene of the accident or as close as possible without obstructing traffic; and
- remain at the accident scene until you have furnished the information as set forth below.
- A person involved in an accident as described above:
- shall furnish to any other drivers involved in the accident his or her name, address, date of birth and the registration plate number for his or her motor vehicle. Further, if asked, the driver shall exhibit his or her driver's license. The same obligations to furnish information hold true with respect to any requests made by a police officer at the accident scene or who is investigating the accident; and
- if not given at the accident scene, a driver involved in an accident as described above shall give upon request to any individual involved in the accident or an investigating police officer his or her name, insurance company's address and the local agent for his or her insurance company.
- A person involved in a collision with an unattended motor vehicle must either:
- locate, if possible, and notify the driver or owner of the unattended vehicle and furnish to that person your name and the name of the owner of the motor vehicle you were driving; or
- locate a peace officer and furnish the same information to that peace officer; and
- leave in a conspicuous place or secured to the motor vehicle that was struck, a written notice giving the name and address of the driver and registered owner of the vehicle doing the striking.
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