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What to Do After a Car Accident
Knowing what to do after a car accident, both at the scene and in the days following, can protect your health, legal rights, and financial future. Consulting a car accident lawyer early on can help you avoid common mistakes
A clear and organized approach can help avoid common mistakes, ensure you have the necessary information and documentation, and position yourself for a successful medical and legal recovery.
Steps to Take Following a Car Accident
After a car accident, what you do (or don’t do) has a substantial impact on your rights and future compensation claims. Therefore, set yourself up for success.
Immediately After the Crash
Following a car accident, it’s normal to feel confused and unsure of what to do, especially if you’ve never experienced one.
The following steps will help you or a loved one after a collision:
- Call 911: Always report your accident to the police, even if it appears minor. A police report can document evidence for insurance claims and legal action. If you previously experienced an accident and the police did not come to the scene, many jurisdictions allow a short period to file a report detailing the crash with the local law enforcement agency.
- Exchange information: Get the name, contact information, insurance details, driver’s license number, and license plate number from the other driver(s). In most states, you cannot flee an accident scene without exchanging information and rendering aid.
- Document the scene: Whenever possible, use your phone to take photos of the scene, vehicle damage, road conditions, and any visible injuries. The more detailed your documentation, the stronger your case.
The work does not end after you leave the accident scene. Some of the most major steps happen in the days and weeks after your crash.
In the Days Following the Accident
Once you leave the scene of your accident and return to your routine, the incident’s aftermath may overwhelm you. However, the steps you take in the days that follow can protect your legal rights and ensure you receive the compensation you deserve.
Get Medical Care
Even if you did not need immediate medical attention after the accident, follow up with a doctor as soon as possible. Injuries that may seem minor at first can develop into severe conditions, especially if they go untreated, such as internal bleeding.
A timely medical evaluation ensures that:
- You document your injuries.
- You have a clear record of treatment that can be used in insurance claims or legal cases.
- You begin your treatment as quickly as possible.
Injuries often need medical care as soon as possible for two main reasons: to prevent them from worsening and to establish a clear link between the accident and the injuries.
Notify Your Insurance Company
You are typically required to notify your insurance company after an accident, whether or not you were at fault for the accident. Reporting the incident as soon as possible can help avoid complications later on.
When you call your insurer:
- Provide a truthful, factual account of what happened.
- Do not speculate or guess about details you’re unaware of.
- Stick to the facts and describe the incident as objectively as possible.
Insurance policies often have time limits for reporting accidents, so you don’t want to miss that window. Waiting too long to report your accident can have negative repercussions.
Keep Track of Your Damages and Expenses
Start a detailed record of all the expenses related to your accident.
It can include:
- Medical bills: Keep all receipts and invoices from doctors, hospitals, physical therapy, etc.
- Vehicle repair costs: Obtain repair estimates and invoices from the auto body shop.
- Lost earnings: Document any time off work due to injuries. You may need a doctor’s note to validate your absence.
- Other out-of-pocket expenses: For example, transportation costs if your vehicle is being repaired.
You need a comprehensive record of your losses when seeking compensation for damages.
Consult an Attorney
Consult a personal injury lawyer after an accident, especially if you suffered significant injuries or the accident involves complex issues (e.g., unclear fault, disputes with insurance, or multiple parties).
A lawyer skilled in car accidents can:
- Help you understand your rights and the legal process.
- Deal with insurance adjusters on your behalf.
- Represent you if a lawsuit becomes necessary to pursue just compensation.
- Ensure all deadlines are met for filing claims or lawsuits.
Even if your case is relatively straightforward, having a car accident attorney manage your case can give you peace of mind, avoid costly mistakes, and handle your case quickly and efficiently.
What Not to Do After a Car Accident
Engaging in any of the following can harm your chances of getting the fair financial recovery you need.
Give Up on Your Treatment Plan
When you suffer injuries in a car accident, it is not simply enough to get a medical evaluation and start your journey toward recovery. You should always follow through with your medical treatment as your healthcare team recommends.
If you are inconsistent about your treatment, or you give up on your treatment plan altogether, this can communicate to the insurance company that your injuries are not as severe as you make them seem.
If you have any questions or concerns about your treatment, discuss them with your medical provider. Do not stop treatment until doctors clear you to do so. Medical records play a substantial role in accident claims.
Admit Fault
Although it might seem obvious to avoid admitting fault for your accident, it’s easy to do so, even by mistake. Sometimes, even if you are not directly admitting fault, it can seem like you are, based on the words you use or how you explain the incident.
Provide a Recorded Statement
After an accident, the other party’s insurance company may contact you and request a recorded statement. In a recorded statement, the insurer allows you to share your side of the story.
While seemingly innocent, the insurance company typically has ulterior motives for wanting a recorded statement. In reality, the insurer is fishing for something they can use against you. They will try to twist your words to shift blame and limit their liability.
If the insurance company contacts you regarding a recorded statement, kindly decline the request. Have your car accident attorney deal with the insurer instead.
Agree to Settle Your Insurance Claim
In most situations, the insurance company aims to settle claims quickly for as little as possible. For this reason, insurers may contact claimants relatively early on in the claims process with a settlement offer. By doing this, they hope the claimants want to settle speedily and will accept whatever offer is presented.
These quick initial offers are usually worth much less than the value of your claim. And once you agree to settle and sign the documents, there’s no turning back.
If the insurance company makes you an offer to settle, do not make any decisions without first discussing it with a skilled car accident lawyer. Your attorney can determine whether the offer adequately compensates you, and if it doesn’t, they can negotiate for a better number on your behalf.
Discuss Your Accident in Too Much Detail with Others
It’s normal to want to talk to others about a traumatic and stressful experience like a car accident. At some point, the opposing party may talk to friends and family about your accident. What you tell them can damage your claim.
Post on Social Media
Never post on social media following a car accident. Even if you don’t post about anything particularly related to your crash, insurance companies often investigate claimants’ social media pages, looking for posts they can use to diminish their claims.
Take a short break from posting until your claim resolves.
Pursuing Compensation Following a Car Crash
Once you have completed the initial steps, the next focus will be to pursue compensation for the damages caused by the accident.
Understand Your Damages
Damages serve to compensate you for the injuries, losses, and expenses you have experienced from your accident. The damages you qualify for and the amount of damages you can pursue vary based on the circumstances.
Compensation for a car accident can consist of:
- Medical expenses: This includes past, current, and future medical costs for treating injuries sustained in the collision.
- Lost earnings: Compensation for income lost due to your inability to work because of your injuries and recovery.
- Diminished or lost earning potential: If your injuries are severe enough to impact your ability to work, you can seek additional compensation.
- Property damage: Reimbursement for vehicle repairs or replacement if the car is deemed a total loss.
- Pain and suffering: Non-economic damages for physical pain, emotional distress, and diminished quality of life.
Additionally, some cases qualify for punitive damages for especially reckless, malicious, or intentional wrongdoing.
Understanding your financial losses and how much compensation you can secure can help manage your expectations. A car accident lawyer can assess your case, calculate your damages, and aggressively pursue the financial recovery you’re owed.
File an Insurance Claim
In many cases, the first step is filing an insurance claim. Based on your state’s laws, you may file a claim through the at-fault driver’s insurer or your own. The insurance company investigates the accident and determines whether to approve or deny the claim. If they approve the claim, they’ll offer a settlement, which you can negotiate if needed.
File a Lawsuit, if Necessary
Unfortunately, in some cases, going through the insurance is not enough, or even an option at all. In some cases, you may need to proceed with a personal injury lawsuit.
A majority of personal injury lawsuits settle outside the courtroom. However, when you cannot obtain a fair settlement, your car accident lawyer may recommend going to trial.
At trial, you’re putting the future of your case in the hands of a judge and jury. They will render a verdict based on the presented case, evidence, and testimony. When you win an award, your case is officially closed.
Seek the Guidance of a Car Accident Attorney
Recovering from a car accident involves not only addressing your physical injuries but also handling the often difficult process of insurance claims and legal action. After your accident, take prompt, organized steps to protect your health and legal rights, the law sets a deadline to take action.
By reaching out to an experienced car accident lawyer for a free consultation, you can take the first step toward seeking justice. Don’t hesitate to take advantage of this valuable resource and get the legal support you need to move forward.
A seasoned personal injury lawyer can give you quality advice, provide support and guidance, and help get you on the path toward compensation.
Call today, a car accident attorney is standing by.