First of all, deal with immediate needs, such as medical help, ambulance or police services, if they are required at the scene of the accident. After these basics are taken care of, there is a lot of information that you may need and you should write it down. Here are some suggestions for the kind of information you should gather at the accident scene:

• Who were the drivers of the cars/vehicles involved in the accident?
• Did they each have a driver's license? Get the drivers license numbers and addresses.
• Did any of the drivers seem to be drunk or under the influence of drugs? You should write down who you thought was intoxicated and why and the name of anyone else who noticed the same thing. Later, when the effects of drugs and alcohol wear off, it could be your word against theirs.
• Were there any passengers in the accident-involved vehicles? If so, you should get their names and addresses.
• Were there any witnesses to the accident, other than those actually involved in the accident itself? If there were, get their names, addresses and telephone numbers.
• If so, what personal injury did the injured person report?
• Did anyone say: I'm not hurt?
• Any pedestrians involved in the accident? Get their names and addresses, if there were.
• What were the weather conditions at the time of the accident? Time of day?
• What direction were the vehicles driving just before the accident took place?
• Where exactly did the accident occur?
• Was any medical assistance given at the scene of the accident?
• Were there any defects in the vehicles involved in the accident, such as bad brakes, bald tires, broken tail lights during night driving, etc.?
• Was there damage to the vehicles involved?
• Did the police show up at the accident? What were the names of the officers who were there? Did they give anybody a ticket?
• Did anyone accept responsibility for the accident, for example by making a remark like: "It was my fault. I didn't get any sleep last night and dozed off for an instant;" or "My pills have been making me drowsy lately;" or "I knew I should have gotten a new prescription for my glasses."

There are other relevant questions that can be asked at the accident scene as well. In general, as much basic information as possible should be gathered right after the accident occurs. With the passage of time, people memories of the event tend to fade and even new versions of what actually happened are created. Recording the basic accident-scene information in writing at the scene of the accident will help later on, when liability for the accident starts to be investigated.

There are different kinds of accident, more or less severe, with greater or lesser damages and injuries. Depending upon the circumstances of the accident, a series of auto accident reports must be filed. Some auto accident reports are mandatory and some are voluntary. Ordinarily, there are three kinds of organizations with which reports must be filed. They are:

*Police (meaning law enforcement agencies) State and local laws vary widely on whether or not police reports must be filed when an automobile accident occurs. For that reason you should check on the relevant laws in your state and locality. However, in general, if there is any personal injury in an auto accident, a police report must be filed. Also, when a certain dollar amount of damage is exceeded (say $200 $500, a police report is generally required. Some local police will take certain kinds of accident reports over the phone, while others require you to come down to the police station. It would be wise to call the local police soon after an auto accident occurs, to ask what accident reporting is required.

*Insurance company: There are several considerations here. You will find that most automobile insurance companies require their clients to notify them quickly about any auto accident they have experienced. An insurance company will desire to compile all the relevant information about the accident for its files.

Insurance companies may also ask you, its client, for your permission to record their conversation with you. This is an important juncture. From a legal standpoint, if you or your passengers were injured in an accident, or if you believe the insurance company will try to claim the accident is not covered by your policy, or if you have questions about how adequate your policy actually is, you would be well advised to contact an attorney at this point.

Definitely you should contact an attorney, in these kind of circumstances, before giving the insurance company permission to record your conversation.

On the other hand, it is important to provide information to your insurance company quickly. Your policy will tell you just how soon you must notify the insurer after the accident. This can be a very short time period. If you fail to meet this in a timely reporting demand, that could result in a loss of insurance coverage for the accident, without any bad faith on the part of the insurance company.

*Department of Motor Vehicles -- Again, state laws vary widely as far as what you must report to the Department of Motor Vehicles (DMV) about accidents. In some states you could lose your drivers license if you fail to report certain kinds of accidents, regardless of whether you were at fault or not. For example, a state may require you to report every motor vehicle accident you are involved in that includes personal injury or property damage, say, above the dollar value of $400. Quite often the reporting time allowed for this kind of report is within five to ten days of the accident.

In the case of an accident involving personal injury, it might be wise to contact an attorney before you file your accident report with the DMV.

If there is damage to your car, you may want to take a photograph of it, before the repairs are done, to help defeat any argument on the part of an insurance company that the accident never happened.

You can ask the other driver involved in the accident if he is on company time for his employer. If so, his employer could be liable for the damages.

You can ask the police officer on the scene if you may have a copy of his accident report.

Be aware of anything at the scene that could relate to the cause of the accident, such as accident debris, skid marks on the road, etc. If you decide to hire an attorney, let that attorney know about this potential evidence.

Eye witnesses to the accident can be a key to you receiving fair compensation for injuries sustained in an auto accident. If there are such witnesses present at the accident, it is highly important that you get their names, addresses and phone numbers. If you appeal to peoples sense of justice, they will usually respond. Objective eye witnesses, whom you have never met before, are particularly effective in convincing insurance companies to honor a claim.

Perhaps the short answer here is that it depends on the case. Some accident cases, for example, where the injury is minor and it is clear who is at fault, can be settled quickly between you and the insurance company without involving an attorney. These kind of cases can often be settled in small claims court, even if the insurance company is not inclined to pay, since the cost of the insurance company going to court would be higher than the settlement.

What are the advantages of using an attorney? Hiring an attorney, quite simply, gives you the advantage of his or her experience in getting full compensation from either a defendent or an insurance company. An attorney should also be able to determine how much your claim is worth. On the other hand, a disadvantage might be that the attorney fees can be up to half of the award you receive. However, an argument can be made, based on the long history of personal injury cases, that nearly all personal injury litigants should seek counsel.

No. In some accidents, injury is inconsequential and damage very light. Chances of this event, as in a minor fender-bender auto accident, recurring again are not likely. In this kind of case, it may be best to forget seeking legal counsel. In the fender-bender instance, your insurance company or the other driver's insurance may pay the cost of the damage.

But perhaps the accident is not a trivial one and you have sustained a serious injury or some major property damage. Does the accident keep you from going to work? Will you have to pay big medical bills that your health insurance won't cover? Do you now have, for example, a Aback condition that didn't exist before and that prevents you from getting normal exercise, like your weekly tennis or handball game? Could the accident that happened to you happen again to some other innocent party?

For example, a trucking company doesn't adequately tie down its loads of lumber or sheet-rock, pieces of that load fly off in traffic, causing injury and damage to motorists and cars driving behind one of their trucks. This an accident that could reoccur. If you were involved in such a case, you would be wise to at least consult with an attorney on what options you might have. If you and your attorney decide that you have a case, the attorney may help you to recover compensation for the injuries, expenses and damages you experienced. You may also, via this legal action, prevent a similar injury to someone else in the future.

There are accidents that don' t just happen. Some accidents occur because someone was careless or negligent or even reckless. Some accidents occur because those responsible used defective equipment or put you in dangerous circumstances. Injuries that occur on amusement park rides or water slides at a water park might be examples of this.

When the person or parties responsible for an accident will not take quick and full responsibility, and pay you the full amount to which you are entitled, then a lawyer's expertise can be essential to help you recover all that the law allows you to recover.

Also, a lawyer's involvement in an accident case does tend to compel the responsible parties to correct whatever unsafe condition may have caused that accident. For instance, if a trucking company's drivers are speeding or not trying down their loads safely, and the company faces litigation in accident cases due to this kind of irresponsible conduct, those unsafe conditions may be corrected by the company as a result.

You're involved in an accident, let's say, and the policeman on the scene gives you the ticket. You believe, for example, that you rear-ended the other driver because he stopped too abruptly, but he contends that a stalled car blocked his exit from the freeway when you hit him. You get the ticket. Should you contest it? Your immediate reaction might be: Sure! I should take it court!

However, here are a few things to consider:

*what chance do you have of winning the case, if you contest it?
*what will it cost you in legal fees and your precious time?
*what costs will you incur, if you lose the case?

If you don't know what approach to take in a case like the example mentioned above nor what your chances of success are, it might be best to consult an attorney first. He or she can tell you what you can expect to face in court or in negotiations. Some accidents can be extremely complicated with, for instance, procedural, constitutional, evidentiary, administrative license and sentencing details and issues.

Some examples of being rear-ended might be: that a driver is stopped at a stop light or a stop sign or stopped waiting for a pedestrian to cross a street, when they are struck from behind. The operative word here is that the driver was stopped, when their vehicle was struck from behind. These kind of cases are problematic when there are no witnesses. Without witnesses, the case can quickly degenerate into a he said/she said kind of story. Lacking witnesses, the best course is to go to the scene of the accident to see if there is a hill or slope or related circumstance that exposes that one of the parties involved in the accident is not telling the truth.

That will depend upon the state in which this accident happened. Some states have laws ruling that the failure to wear a seat belt can nullify or at least reduce the potential award for damages. This is based on the reasoning that drivers usually suffer more severe and costly injuries, when they are not wearing seat belts. Yet, in some states, this is not so.

Frequently, a states laws will define who pays for damages in an accident. About 50% of the states in the United States have passed a no-fault liability laws. Under this legal system of no-fault, it doesn't matter who caused the accident or whose fault it was. The approach here is that everyone will make themselves whole after sustaining damages in an auto accident. No-fault states take the stance that, since everyone is responsible for his or her own losses, there will consequently be less lawsuits in these cases. And that is because liability (or whose fault it is) does not have to be determined under the no-fault policy.

Some no-fault laws in various states establish a threshold, which limits the amount of insurance you must carry. Some of these thresholds are based on a stated amount of dollars. There are other no-fault states that establish what is called a verbal threshold, for instance, that no-fault rules apply, unless there is some serious personal injury.

There are also variations of thresholds. For example, the no-fault laws might apply for all losses unless, for example, property damage exceeds $20,000, or one of the parties suffered a serious personal injury, like a skull fracture, or someone was violating the law while driving, such as driving under the influence of alcohol. This is where an attorney could be helpful, should you have any questions about the exact parameters of the law in your state.

In states with at-fault laws, the person who caused the auto accident is also the one responsible to pay all of the damages sustained by everyone involved. Behind these laws is the operating theory that the person(s) responsible for the loss must compensate everyone else involved in the accident. Under this system of laws, everyone is accountable for the results of his or her own actions. Thus, in at-fault states, the courts become the arbiters of whom the at-fault person is and thus who will be the one to pay for the damages incurred by the accident.

The answer to this depends on what kind of financial resources you have and also on the particulars of the accident. Here are some typical sources of compensation for auto accident damages:

* Out of Pocket -- This is normally an option if damages incurred in an accident are small and cause no substantial financial loss. Advantages of doing this include: no continuing investigation of the matter; no increase in your insurance rates; and generally less red tape and bother. When your losses are heavier than you can comfortably cover from your own pocket, then you must pursue other forms of compensation.

* Your Auto Insurance Company - Probably a good rule of thumb here is that, if your damages are relatively small, you are more likely to pay out-of-pocket for auto accident losses. But the larger your damages, the more likely you are to seek compensation from your insurance company. It is sometimes a matter of balancing the out-of-pocket cost of compensation vs. the cost of rising insurance premiums that will result from your insurance company paying for your losses.

What compensation you may get from your insurance company will depend on the contract you have with your auto insurer. Does your insurance policy, for example, cover both you and your car (first party), as well as passengers, other drivers and their property (third party)? Does your policy cover medical expenses for personal injury to you and your passengers?

Do you have collision coverage for damage repair to your car? Some such collision policies also cover car rental fees incurred while your car is being worked on in the repair garage.

* Your Health Insurance or HMO -- Do you have personal health insurance or, perhaps, do you belong to a Health Maintenance Organization (HMO), possibly through your place of employment? If you do, you can ask your health insurer to pay for the medical treatment that you may require in the event of an auto accident.

Some HMO's and private health insurance plans obligate you to first turn to your auto insurance company ( as the primary risk carrier) before it will pay for your medical expenses.

* Other People Involved In The Accident -- Recovering damages from a third party involved in the accident, such as another driver is possible. This possibility, however, could be limited by the laws of the state where the accident occurred. In an at-fault state, for example, generally the person deemed responsible for the accident pays all the damages sustained. If you are an at-fault driver in an accident that took place in a at-fault state, you should get in touch with your insurance company. If the other parties affected by the accident sue you, you will turn over the defense and potential settlement of that lawsuit to your insurer.

Legally, someone is negligent when they do not conduct themselves in the manner of a standard, ordinary, reasonable person. What is more complex is defining how this ordinary, reasonable person would be expected to behave under extraordinary conditions. For instance, riding down a major highway at 70 miles per hour (mph) in a 70 mph posted speed zone may be perfectly reasonable on a clear, sunny day, but perhaps not on a very rainy, overcast day with poor visibility. Under those conditions, maybe the reasonable speed would be 45 mph.

Who decides what's ordinary and reasonable behavior in the case of an accident where one driver hits another on rainy, cloudy day, traveling at the legal speed limit or less? This kind of case is frequently decided by a jury after a trial and the presentation of all the available evidence.

In a fall-down type of accident, witnesses are probably even more important than auto accidents. This is because insurance companies often regard fall-downs as more suspect. There isn't the property damage kind of evidence here that occurs in a car wreck, for example. That's why it is very important in a fall-down accident to do an investigation as soon as possible, including taking witness statements and also taking photographs of the accident scene. This kind of evidence is vital in convincing insurance companies to quickly pay a fair compensation to the accident victim.

These can be some of the most emotionally traumatic accidents, especially for the parents of children hit by cars, injured on playgrounds or on unsafe property like oil-drilling rigs and so forth. If such a case is handled well, it almost always results in fair compensation for the child involved.

On the other hand, despite most people's sympathy for injured children, seeking financial compensation for such an injury is not necessarily easy or automatic. In the case of a child hit by a car, for instance, the insurance company will often argue that the child ran suddenly, without warning, into the street, leaving the driver no time to react. Even their labeling of these cases as a pedestrian dart-out is biased and intended to render the impression that the accident was not the driver's fault. Conversely, a personal injury attorney will refer to this same kind of accident as a a pedestrian knock-down, showing whose side of the case he represents.

Purchasing automobile insurance, in the Commonwealth of Pennsylvania, is no easy task.

However, automobile insurance coverage is mandatory and crucial for anyone traveling on the roads of Pennsylvania. Your selection of automobile insurance may be one of the most important decisions you ever make.

A. FULL TORT/LIMITED TORT

In selecting insurance coverage, individuals have the opportunity to select either full tort or limited tort insurance coverage. The form of insurance chosen determines the extent to which you and members of your household are entitled to financial compensation for injuries caused in the event that you are injured by another driver. It is important to note that what an insurance company refers to as "full coverage," is not the same as receiving full protection which is only afforded to individuals who select full tort coverage. It is also important to keep in mind that the tort option selected by an insured applies to all motor vehicle policies and vehicles of that named insured issued by the same insurer. Also, the election of a tort option continues to all subsequent renewal policies, replacement policies, and other private passenger motor vehicle policies under which the individual is a named insured until the insurer receives a properly executed form electing the other tort option.

If you select limited tort coverage, you and members of your family can only recover for pain and suffering if the injury results in death, serious impairment of a body function, or permanent serious disfigurement, which includes scarring.

While it may seem obvious to some, the issue of what constitutes a "serious impairment of a bodily function" has been hotly contested in courts throughout this Commonwealth with, often times, varying results. In fact, some decisions even go so far as to suggest that individuals suffering from fractures, neck and back injuries, herniated disks, and neurological deficits, do not meet that threshold if those impairments do not restrict an individual's daily activities. Despite the fact that you may experience one of the aforementioned injuries, under your selection of the limited tort option, you may not be entitled to recover for pain and suffering despite the fact that your injury results from somebody else's clear negligence.

Additionally, your selection of limited tort limits your family's ability to recover for pain and suffering in the event that their injuries do not result in death, serious impairment of a body function, or a permanent serious disfigurement.

Conversely, with the selection of full tort coverage, you and your family members have the right to fair, just, and reasonable compensation for any personal injuries caused by the negligence of another.

B. UNINSURANCE/UNDERINSURANCE

Turning now to the most important automobile insurance coverage that a person can select, namely, uninsured and underinsured motorist protection. Uninsured and underinsured motorist insurance coverage enables an insured individual and/or family member to recover under his or her own policy for injuries caused by the driver of a vehicle that is uninsured or inadequately insured. The purpose behind uninsured and underinsured motorist coverage is to protect an insured from the risk that a negligent driver of another vehicle will cause injury to the insured and will have either no coverage or inadequate coverage to compensate the insured for the full extent of his or her injuries. Unfortunately, many people realize the importance of UM and/or UIM coverage too late; after they or their family member, has been seriously injured by an uninsured or underinsured motorist. Consider this scenario, you or one of your family members are seriously injured by an uninsured drunk driver. Unless you maintain uninsured motorist coverage, under your policy, you may have no source of recovery for your injuries.

Uninsured/underinsured motorist coverage is, in essence, liability coverage that provides you with coverage just as your liability insurance coverage provides compensation for individuals injured as a result of your negligence. In fact, by selecting liability coverage, in an amount greater than your UM/UIM coverage, you are essentially protecting others at a rate much greater than you are protecting yourself and/or your family members. The purchase of UM and UIM coverage is optional, however, highly recommended. It is the most important insurance coverage you will ever purchase for yourself and your loved ones. A named insured may request, in writing, the issuance of coverages in amounts equal to or less than the limits of liability for bodily injury. However, as stated earlier, you should select UM/UIM coverage in an amount equal to your liability coverage. Please consider this decision carefully. In order to protect yourself and family members, we strongly urge you to purchase the highest limits of UM/UIM coverage offered to you. The relatively modest premium is well worth the expense. As you can well imagine, you get what you pay for. Your insurance company may want to limit its exposure by offering, and, sometimes, recommending, that you select lower UM/UIM coverage. Just keep in mind, you are the consumer, and you must consider, request, and, if need be, demand higher coverage.

C. STACKING

In the event that you own more than one vehicle, you should consider also selecting the stacking option. In the context of UM or UIM coverage, stacking allows you to multiply the amount of uninsured or underinsured motorist coverage by the number of vehicles on your policy. For a relatively modest premium, you can multiply the amount of UM/UIM coverage available to you under your policy.

D. REQUIRED COVERAGE

Required coverages in Pennsylvania include coverage for medical benefits, bodily injury liability, and property damage liability. Coverage for medical expenses include the payment of medical bills for you and others covered on your policy regardless of fault. The minimum limit required under Pennsylvania law is $5,000.00 of coverage. Higher limits are available and highly recommended.

If you injure someone in a car accident, bodily injury liability coverage pays their medical expenses and compensatory damages for which you are found liable. The minimum required by law is $15,000.00/$30,000.00. That is, $15,000.00 per person, $30,000.00 per accident. Lastly, if you damage someone's property in a motor vehicle accident, and you are at fault, your property damage liability coverage will pay for such damage. Under Pennsylvania law, you must purchase, at a minimum, $5,000.00 of property damage liability coverage.

The selection of full tort and uninsured and underinsured motorist coverage provide you and your family members with the best coverage available if selected in appropriate amounts. Do not rely upon your insurance agent, alone, in selecting this coverage. The fact that your insurance agent advised you that you have "full coverage" does not necessarily mean that you are fully covered. Make sure you and your family members are "fully covered" by selecting adequate amounts of uninsured and underinsured motorist coverage and by selecting the full tort option.