I've got a few questions spread throughout this story...

Ok so I get hit from behind the other day when the driver decided to let go of the clutch/brake/whatever while the light ahead of us was still red. Luckily I was driving my old corrolla at the time. Only 'damage' was scratches on bumper (his car's red paint is now on my bumper). The accident was very minor and if it was a hit & run I really wouldn't even care too much, but I think it was a good reminder that I better get prepared incase my TL ever gets hit.

Anyways, since it was my first accident I wasn't really sure exactly what to do.
First I called 911 (on my cell phone -- went to some department who knows where, and they transfered me to the boston 911).
1. When in an auto accident, whats the correct phone number to call from cell phone?

I told the lady on the other end that I'd been in an accident on the corner of ---- and asked if they could send a cop over to take a report. She asked if anyone was injured, I said no. Then she said to exchange registration papers and call the insurance company (no cop was coming).
2. Is there any way to get the 911 dispatcher to get the cop to come?

Then we proceeded to exchange registration info, and info from licence. I wrote down the info from his papers/licence myself as I've heard stories of people giving fake info in accidents if they info isnt checked.
He said that he'd prefer not to go thru insurance, which is fine with me (repainted bumper = ~$300). So I haven't yet called my insurance company about the accident.
3. Is this a mistake? Should I have called my insurance company right-away even if we plan on eventually settling out of insurance? Is there generally a time limit after a fender-bender in which you're expected to report it?
I called him yesterday to let him know the cost of fixing the bumper and he said he'd call me tuesday after he spoke with his insurance company to figure out if its cheaper to pay me outright or go thru his insurance (although I think the kid was a bit clueless -- he asked me what the deductible on it was and I was like "Thats something thats specific to your insurance policy"). Also interestingly he's got the same insurance company that I do.

With no cop, and no witnesses, my biggest concern would be that they could deny it/change their story/facts could get forgotten/misconstrued/etc. Even with a cop/witness thats still a concern.
So I figure (in my TL atleast) I should keep a cheap digital camera that I could use to take pictures in the event of an accident.
4. Anyone else keep cameras around just incase of an accident?
It would also probably be wise to use a tape recorder so whatever gets said is documented. I'm considering buying a cheap one of these also.
5. If I am to use a tape recorder, do I legally have to tell the other person I'm recording our conversation?

 

Having a camera is helpful.

A few years ago I was traveling from my parents home in western NY (I-86) back to York, PA and a deer ran into my car. It was a Saab 9-3 (talk about torque steer), I think without the turbo lag I would have outrun the deer.

I digress. I had a disposable camera in the car and the pictures of bloody fur on the right fender made the conversation with State Farm easier.

JZ

 

I would guess that the laws would vary by state (or city even), but here in Dallas, they won't send out an officer if no one is injured...

I have been in two fender benders (before I got my TL) where I did not contact my insurance company (both times the other person at fault sent me a check in the appropriate amount to cover bumper damage - one guy pulled in front of me from a sidestreet and the other guy rear ended me. Each incident was about $500 in damage)...

this probably isn't the way to go though because if they don't pay up, it might be harder to file a claim later...not sure about that though...

 

Get any and all information.

License number, phone, dob, registration, insurance..

Do not tell the witnesses your version of the story. You can tell a police officer.

If is best to tell a police officer and your insurance agent your side of the story.

 

As long as you copied down his information yourself, you should be ok. If he tries to dodge you, I think you have 30 days to contact the insurance company. The last statement would depend on the laws in your area though.

I think you handled in correctly, given the fact that they do not send a Police unit. I always have asked for a formal police report, so it's there if I need it.

 

1. When in an auto accident, whats the correct phone number to call from cell phone?
Varies from area to area .. 911 should work but keep an eye out for roadsigns on major highways. If no one is injured you can always go through 411 (directory assistance)

2. Is there any way to get the 911 dispatcher to get the cop to come?

No, if their protocal is to not respond then they won't respond .. but you should note the time of the call, the dispatcher's name, tell them that "someone ran into you" (that gets it on tape), and find out if there is a compaint number .. most dispatch centers automatically log every call w/ a reference number. That way if you do have problems w/ insurance you have something to go back to.

3. Is this a mistake? Should I have called my insurance company right-away even if we plan on eventually settling out of insurance? Is there generally a time limit after a fender-bender in which you're expected to report it?

We just went through this with my wife, she got rear-ended and insisted to work with the guy instead of taking it through insurance (she's a glass is half full kind of gal ) Anyway, she called the insurance agent with a "hypothetical" our insurance agent took some info but didn't file a claim .. she actually encouraged us to work it out if possible. She didn't mention anything about a statute of limitations.

With no cop, and no witnesses, my biggest concern would be that they could deny it/change their story/facts could get forgotten/misconstrued/etc. Even with a cop/witness thats still a concern.
So I figure (in my TL atleast) I should keep a cheap digital camera that I could use to take pictures in the event of an accident.

In this case I wouldn't sweat it ... you were rear-ended ... no matter what the circumstance (short of you being in reverse at the time) the person who hits you is at fault.

4. Anyone else keep cameras around just incase of an accident?
Two words: Camera Phone (w/ Bluetooth )

5. If I am to use a tape recorder, do I legally have to tell the other person I'm recording our conversation?
Varies from state to state, I wouldn't worry about the tape recorder, If you do get in an accident you'll have bigger things to worrty about than telling the guy to speak into the mic. Besides ... As soon as you wave one of those things around you're going to put the other guy on the defensive and would run the risk of taking a relatively amenable situation and turning it ugly ... just my

 

1) Despite what they may tell you, the police ARE RESPONSIBLE for checking up any accident. A lot of police departments don't want to do this because it takes them away from "real police work" (chasing down skateboarders, eating donuts, cruising the Web and oh yeah... actual work). If they give you a line like that, remind them that according to state law (and yes, all 50 states have it), they HAVE to be there even if it is just to confirm that both drivers are insured and licensed to drive.

2) Carry a Roadside assistance kit. Include a disposable camera in it. You'd be amazed how handy a good kit can be. FYI: Digital pics aren't admissable in a court of law.

Good luck with your claim!!

 

Thanks for all you're answers.

Brewmaster, great tips in reference to getting 911 call reference number, & explicitely stating what happenned.

I got the answer to #5 from a lawyer.

Massachusetts state law (varies by state) says that you cannot legally audiotape them without their consent. So if I taped them without their knowing, it couldn't be legally used against them. If I ask them, they have the right to refuse consent. However, one can videotape (without audio) without consent in this state (according to this lawyer).

 

having a camera around is convenient but sometimes digital cameras are not accepted as evidence since the photos can easily be photochopped. so its useful to have a conventional camera or even polaroid(i know who uses these anymore) in the car. here in ny you do not call 911 if you get into an accident, usually dialing for operator or directory assistance will get you routed to the right personel. also from my past experience i always wait till the cop shows up so i can get a police report. if you just exchange information with the other person it's his word against yours which might not fair too well. plus he might be giving you bogus information and then driving away.