What to do if you are in a car accident?
Many people have had the unfortunate experience of being involved in an automobile accident and certainly know someone close to them who has been involved in a car accident. When I meet with clients, oftentimes they tell me they were in shock and didn’t know what to do while at the accident scene and, therefore, forget to do certain things that are important to protecting their rights and interests.
If you are in a car accident, the most important thing is to make sure is that you, your loved ones and even the other parties are not seriously injured. If someone appears to be seriously injured or is experiencing any type of pain, it is important to immediately call 911 so that the police and paramedics can respond quickly.
After making sure that you and the others are not seriously injured, the next step should be to take photographs of the accident scene and the vehicles involved so that if there is a dispute regarding what happened, the photographs can help investigators, insurance companies, attorneys and experts determine the cause of the accident.
Next, be sure to obtain the other driver’s personal information including their name, address, telephone number, driver’s license number, insurance and vehicle registration information. Be sure to write it down on a piece of paper that you keep in a safe place as that will be necessary in order to initiate any claim for damages. Once the above-referenced items are complete, you can then move your car to a safe location. If, however, the police or traffic conditions force you to move your vehicles sooner, try to take pictures of the vehicles immediately following the accident before you move your car. After you move your car, then you can obtain the information on the other driver.
It is important that if someone is injured in the accident, the police prepare an accident investigation report that can later be obtained from the police department. That report may have vital information including the statements obtained from any parties and witnesses. However, do not rely on the police to obtain witness statements or witness information as oftentimes I have clients tell me that there was a witness and my client gave the police the witness’s information, yet the police never spoke to the witness and the witness information is not contained in the police report. Many witnesses do not want to cooperate, but it is important for you to at least try to get their information and remind them that their involvement helps protect the community and ensure that accidents like this don’t happen in the future.
After leaving the accident scene, clients often tell me that they then began to experience pain and discomfort once the adrenalin from the accident wears off. If you experience that, it is important for you to seek medical attention from an emergency room, urgent care provider or some other medical provider. Thereafter, follow your doctor’s recommendations and orders in order to ensure proper medical care.
Typically, in the first few days following the accident the other party’s insurance company will call you and ask you to give a recorded statement. I advise my clients not to give a recorded statement unless they are accompanied by me or another attorney. Typically, the other party’s insurance company will ask questions about facts for which you may not have a full understanding: including how the accident occurred, speeds of vehicles and the nature and extent of your injuries. Therefore, I advise clients not to give a recorded statement to the other party’s insurance company.
One of the major problems clients face following an accident is what to do about their property damage. Clients can speak to the other party’s insurance company or their own insurance company about getting their vehicle repaired, obtaining a rental vehicle or if the damage to your vehicle is significant, being fully compensated for the fair market value of your car so that you can get a new one. However, insurance companies oftentimes are slow to investigate and process property damage claims thereby leaving victims without a car for a significant period of time. It is important to check with your insurance agent on whether you should have rental car coverage in the event that you are left without a car following an accident. Typically, the other party’s insurance company will not pay you for a rental vehicle initially, but may reimburse you your out-of-pocket expenses for a rental vehicle if their insured is the cause of the accident. Therefore, you have to be prepared to pay out-of-pocket for a rental vehicle if you do not have rental vehicle coverage.
It is also important to note that if your car is considered a total loss, you may be incurring storage fees from the towing yard or body shop. Stay in close contact with the body shop or tow yard to ensure that charges are not adding up while you are trying to sort out your property damage claim.
Following an accident, you will find that speaking to a personal injury attorney can be helpful in giving you direction on how best to proceed with respect to your property damage claim as well as your bodily injury claim. Most importantly is for the client to take care of their personal health by seeing a doctor if needed. As I always tell my clients, the most important focus for any person involved in an accident should be their personal health.
Once you have initiated treatment and are ready to speak with an attorney, an attorney will typically ask to see photographs, property damage estimates, information about the other driver and owner of the other vehicle as well as your own insurance coverage. Meeting with an attorney will give you a clear direction on how best to proceed with respect to your case and whether your case is worth prosecuting. If you or someone you know is involved in a serious automobile accident where the person required emergency room treatment and will require future medical care, it is important to speak with an attorney to get a full understanding of your rights and to be compensated for all of your harms and losses.