If you are in a car accident or car crash, you might be feeling confused or not sure where to start. Maybe you are getting calls from an insurance company or medical bills. You could be missing time from work. This guide is to help you get started.
First make sure you’re safe after an accident.
First thing you want to do is make sure you’re safe and your passengers are safe.
Make sure that your vehicle is not in a zone of danger. For example, make sure your vehicle is not blocking lanes of highspeed traffic. That may mean moving your vehicle if possible. Or, you may have to get out of your vehicle. Check on other passengers making sure they’re OK. Check on other people who were involved in the crash to make sure they are safe, if you are able to do so in a safe way.
You don’t want to be in a situation where you get into another accident. You also want to avoid any obvious dangerous, like if your car is on fire. Make sure that you’re in a safe place, or safe as possible, before you taking next steps.
Assess injuries.
Check if your injured and if your passenger are injured.
If you’re bleeding, you will need to take quick action. That may mean applying pressure or first aid, if you are capable. Likewise do the same for your passengers or anyone else involved in the crash. At a minimum, you want to make sure to if anyone has been injured so that you can notify the emergency responders.
Call the police or 911 or an ambulance.
After a crash that causes injuries, you should contact 911. On the call, be ready to request an ambulance or the police if appropriate. That way will be prepared and ready to help including with injuries.
Sometimes the police do not want to come if it’s a minor injury. Yet, it’s still helpful to have the police come because they will do an investigation and speak to witnesses. Witness statements at the scene can be more honest since they are shortly after the crash. As times goes by, witness recollection could change or even become damaging to your case.
It’s also important that if you do call the police that you let them know of any injuries you have. If you downplay or deny your injuries, the police will write that in their report. The insurance company or defense attorney could use it against you later.
Likewise never lie to the police or make a false statement that will damage your credibility.
The same goes to dealing with emergency responders like EMT or fire firefighters. Anything you say to them could be put into a report. Be honest and succinct.
Keep track of any paperwork the police give you. This includes any card that has the information about the traffic report number. It can be helpful for ordering the report later.
Exchanged information with the everyone involved in the accident.
After crash, exchange your contact information with the other people involved. This includes a drivers license, insurance, etc.
Sometimes it won’t be possible if your are taken away by an ambulance. That’s understandable and you will have to rely on the police investigation.
The problem with relying on the police report is that it might not be ready for weeks. With the information you collect on your own, you can open a claim and move the case forward. It could also allow you to do an early investigation of the defendants.
If you are not able to get this information because of injuries, see if a family member or friend will do it. Even getting a photo of the other parties’ license plate can be helpful.
Photograph and preserve evidence.
It’s very important to take as many photographs as you can at the scene of any crash. This include photographs of the property damage to your vehicle. I recommend taking a photograph of all sides of your vehicle including from a distance and up close.
Likewise, take a photograph of all sides of the defendants vehicle. Pay close attention to any damage and anything that looks like it was pre-existing.
Also photograph the scene of the crash including skid marks or debris in the roadway. Take a photo of anything you think contributed to the crash like a broken traffic signal or pothole.
If there’s any nearby intersection or traffic signal photograph that to help get a sense of the location.
It is always a good idea to photograph the drivers license, license plate, and insurance card of all people involved in a crash.
Get witness contact information.
You want to identify any potential witnesses. Sometimes they’ll approach you. Sometimes they’ll be in the area trying to help ither parties. They might even speaking to the police already. It’s a good idea to get their name and contact information. That way you can follow up with them later.
Sometimes the police do not list all the witnesses. Or the police report might have incorrect information or an incomplete statement. Do not rely on the police report to get all the information you need. That’s why it’s always helpful to get witness contact information at the scene.
Be honest and concise when speaking with the police.
When the police come to the scene, it’s important to be cordial and succinct with them. Do not argue with the police or yell at them. Even if it seems like they might not be on your side. The police are busy and they have their job to do.
Anything you tell the police can be put into their report. Do not volunteer anything that could be used against you. Better to give short statements and answer questions clearly. Same thing for describing any pain or injuries that you have he may be feeling. Be clear and complete.
Get medical treatment.
It’s very important to get medical treatment after a car accident. Sometimes you’re in shock. You might not even know yet you’re injured but it’s always good to get checked out. You don’t always need to go to an emergency room. The emergency room is most appropriate for emergency medical situations. If you have only have some aches, pains, or soreness an urgent care might be fine.
Some people may want to go to their primary care doctor but you might not get an appointment for a couple days or weeks. A gap in time like this can be problematic. You should get medical care as soon as possible and then follow up with your primary care doctor.
It’s also very important to tell the doctor everything that you’re feeling. Like the police, everything you tell the doctor can be used against you.
If you forget to tell the doctor about a pain your are feeling, an insurance company or lawyer you didn’t get hurt. It’s a good idea to start from the top your head and go down your toes, listing everything that’s bothering you. That way there’s a clear record of any pain or injury that you have.
After going to the doctor it’s also important to follow their recommendations. If the doctor recommends you see a physical therapist, make that appointment. If the doctor recommends you to see a specialist like an orthopedic doctor, to it right away. Failing to follow the doctors recommendations can be used against you.
Notify insurance companies.
You may want to notify the insurance companies of the car crash. That would include your insurance company and the other person’s insurance company. Particularly if you wanna get your car fixed right away or get a rental.
Some people prefer to speak with a lawyer before speaking to the insurance company. This is because they know that everything said to the insurance company can be used against them.
Be very careful speaking to any insurance company representative, even your own. The insurance company’s goals are not aligned with yours. Insurance companies want to collect premiums and save money. They don’t want to pay out on claims.
People are often surprised to find out that their insurance company will not help them. For that reason, many people speak to an attorney before speaking to an insurance company.
If you decide to speak to the insurance company on your own, thye may want a lot information from you. For example, they may want a recorded statement or an authorization to get your medical records. Be careful about giving this information over. The insurance company may use it against you. And it’s not always necessary for them to have that information to process the claim.
Sometimes the insurance company can be very slow to respond. In that case you will have to be persistent. It also helps to deal with them in writing. Many insurance companies adjusters communicate by email which can help keep a record.
Continue to get treatment.
As discussed above, it’s important that you continue to seek out medical treatment if you’re feeling pain. One of the biggest arguments that a defense or insurance company make is if there’s a big gap in treatment. If your doctor recommended physical therapy, be diligent, go to all your appointments. Same thing if you are going to a chiropractor, go to all the appointments. If treatment is not helping or you have increasing pain, be sure to tell your doctor. You may also want to get a second opinion.
If you don’t have insurance there may be other ways to get a treatment including on a lien. That’s where you agree to pay the doctor from the proceeds of the case. Many lawyers have access to doctors who will treat people outside of insurance. Sometimes these doctors will provide more personalized care with detailed reports.
Discuss your case with an attorney.
If you’re unsure whether you want to hire a lawyer, it never hurts to get a consultation. Even if you’re absolutely sure you want to go it alone without a lawyer, a consultation might be a good idea.
Most attorneys will give a free consultation to discuss the merits of your case and what to expect. Speak to a handful of attorneys to get different opinions. Often times, an attorneys’ work and experience increases the value of the case. A good attorney knows how to make sure you’re recovering the maximum amount.
On the flipside, the insurance company’s goal is to delay and pay as little as possible. So if you haven’t done this type of work before, there are many traps and ways to lose money. An experienced attorney knows how to get a case resolved in efficient manner.