If you are in a car accident or car crash, you might be feeling confused or not sure where to start. Maybe you’re getting calls from an insurance company, or piling up medical bills. You could be missing time from work. This guide is here to help you get started.
First, make sure you’re safe after an accident.
The 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 high-speed traffic. That may mean moving your vehicle if possible. Or, you may have to get out of your vehicle. Check on your passengers to make 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 end up in another accident. You also want to avoid any obvious danger, like if your car is on fire. Make sure that you’re in a safe place, or as safe a place as possible, before taking next steps.
Assess injuries.
Check if you’re injured and if your passengers 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 identify whether anyone has been injured so that you can notify emergency responders.
Call the police, 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 you’ll be prepared and ready to help, including with injuries.
Sometimes the police do not want to come if it’s a minor injury. Still, it’s helpful to have the police come because they will do an investigation and speak to witnesses. Witness statements taken at the scene tend to be more accurate since they’re given shortly after the crash. As time goes by, witnesses’ recollections can change or even become damaging to your case.
It’s also important that if you do call the police, you let them know about 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 — it will damage your credibility.
The same goes for dealing with emergency responders like EMTs or firefighters. Anything you say to them could end up in a report. Be honest and succinct.
Keep track of any paperwork the police give you. This includes any card with information about the traffic report number. It can be helpful for ordering the report later.
Exchange information with everyone involved in the accident.
After a crash, exchange contact information with the other people involved. This includes driver’s license and insurance information.
Sometimes this won’t be possible if you are taken away by ambulance. That’s understandable, and you’ll 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 can also allow you to begin an early investigation of the other driver.
If you’re 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 party’s 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 includes 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 other driver’s 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 a nearby intersection or traffic signal, photograph it to help establish the location.
It’s always a good idea to photograph the driver’s license, license plate, and insurance card of everyone involved in the 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 other parties. They might already be speaking with the police. It’s a good idea to get their name and contact information so you can follow up with them later.
Sometimes the police don’t list all the witnesses, and the police report might have incorrect or incomplete information. Don’t 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. Don’t argue with the police or yell at them, even if it seems like they’re not on your side — the police are busy and have a job to do.
Anything you tell the police can be put into their report. Don’t volunteer anything that could be used against you. It’s better to give short statements and answer questions clearly. The same goes for describing any pain or injuries you 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 and might not even realize yet that 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 only have some aches, pains, or soreness, 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 of 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 you’re feeling. Like with the police, everything you tell the doctor can end up in your medical record.
If you forget to tell the doctor about pain you’re feeling, an insurance company or lawyer may later claim you weren’t hurt. It’s a good idea to start from the top of your head and go down to your toes, listing everything that’s bothering you. That way there’s a clear record of any pain or injury 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 see a specialist, like an orthopedic doctor, do it right away. Failing to follow the doctor’s recommendations can be used against you.
Notify insurance companies.
You may want to notify the insurance companies of the car crash — both your insurance company and the other person’s — particularly if you want to get your car fixed right away or get a rental car.
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.
If you have questions about your case, call us at 888-712-0017.
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 own 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, they may want a lot of 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 — the insurance company may use it against you, and it’s not always necessary for them to have it to process the claim.
Sometimes the insurance company can be very slow to respond. In that case, you’ll have to be persistent. It also helps to deal with them in writing — many insurance company 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 medical treatment if you’re feeling pain. One of the biggest arguments a defense attorney or insurance company will make is that there was a big gap in treatment. If your doctor recommended physical therapy, be diligent and go to all your appointments. Same thing if you’re seeing a chiropractor — go to all the appointments. If treatment isn’t 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 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. Oftentimes, an attorney’s work and experience can increase the value of the case. A good attorney knows how to make sure you’re recovering the maximum amount.
On the flip side, 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 an efficient manner.
If you have questions about your case, call us at 888-712-0017.
When Does it Make Sense to Hire an Attorney?
Most attorneys in cases like this work on a contingency. This means that they only get paid if you win the case. It also means they only get paid if you have enough injuries to justify an award for pain and suffering. It’s hard to know exactly how much you would get for pain and suffering because every case is different. But as a general rule of thumb if you have ongoing pain a couple days after the accident then it’s definitely worth at least speaking to an attorney.
Most of these attorneys will give you a free consultation.
If you have minor pain that’s resolved within a week of the accident, then oftentimes you might not need a lawyer. Sometimes you can resolve the case on your own, or you can file the case on your own in small claims. It usually makes sense to speak to an attorney early on, within the first week, so that the attorney can work on ensuring key evidence is preserved as well as making sure you are seeing the right doctors.
Even if you talk to a lawyer a month or 60 days after the accident, you could still have a case. The main problem usually occurs when you go to speak to an attorney 60 days after the accident, but you’ve not seen any doctors. The defense and ultimately a jury will be skeptical if you are actually injured because you didn’t see a doctor for nearly 60 days.
Negotiating Car Repair or Total Loss of Vehicle
After you’ve seen a doctor and you’re well enough, the next step is usually negotiating the total loss or repair of your vehicle. There are a couple of things that could complicate this, including if there’s a dispute in liability. Often, it’s faster to get your car repaired through your own insurance, as long as you have coverage for that. If you don’t, you’re going to be forced to negotiate with the defendant’s insurance company, and they can treat you differently because you don’t pay the premium to them. They can drag their feet and come up with obstacles to prevent you. In that situation, you may have to pay up front and get reimbursed later.
For more information on negotiating your vehicle, please see this guide: https://howelljustice.com/guide-to-negotiating-car-repairs/
If you have any questions about your specific case call 888-712-0017.