As drivers, you must be aware of your surroundings and drive defensively. However, no matter how good of a driver you are, car accidents still happen.
According to the latest report by the Insurance Institute for Highway Safety, there were more than 42,500 fatal accidents in the United States during 2022. That record only reflects fatalities. There are many more car crashes that happen annually. [1]
If you are the victim of a car accident that wasn’t your fault, there are steps you must take to secure your rights, and Rosenfeld Injury Lawyers are here to help.
Immediate Steps After an Accident
Regardless of who’s at fault, a car accident can be overwhelming. There are immediate steps you can take to navigate the aftermath of a vehicle accident.
Check for Injuries
After an accident, take a deep breath and check yourself and others for injuries. Look for any clear cuts and bruises, and if possible, staunch any bleeding.
Check if anyone hit their heads or other body parts, and ensure all parties involved get to safety. If someone did hit their head, suggest they sit down to prevent fainting. If it is immediately apparent someone has sustained serious injuries, they should go to the emergency room.
Call Emergency Services
Call the police to report the accident. When you call 911, the operator will ask if anyone has been injured and if you need emergency services on site. Depending on the severity of the injuries, you can decline them if you do not need them.
Ask the police to investigate the accident scene. Their report will be critical as you share information with your insurance company and with legal representation. Make sure you get the police officer’s name and badge number for future reference.
Exchange Information
As you wait for the police to arrive, make sure you exchange information with the other party or parties at the scene.
- Name: Make sure to get the first and last name of the other driver or drivers.
- Phone Number: You or your insurance company may need to get ahold of them, so exchange phone numbers.
- Insurance Card: Take a photo of their insurance card. You will need to provide this to your insurance to help them recover damages.
- Car Details: Take note of the make and model of the car, as well as the license plate number.
Ultimately, you want to make sure you can get in contact with them concerning the car accident after you have left the scene of the accident. You need their insurance information to ensure your insurance company can easily communicate with them regarding liability coverage, compensation, and other key details. Your lawyer will also need their insurance information.
Document the Accident Scene
Be sure to take photos of the scene to help document what happened.
- Vehicles: Take pictures of your car and the other driver’s car. Make sure to capture different angles to get a complete picture of the damage, including the inside and outside. If possible, take photos before you move the car out of traffic.
- Location: You want to be able to illustrate you were not the at-fault driver for the accident, so take pictures of your surroundings to help tell the story.
- Injuries: Capture photos or videos of any injuries. If bruising or other symptoms occur after the fact, you should still take pictures.
- Witness Statements: You can also try to secure statements from anyone who was at the scene. Get name and contact details to provide later.
The more documentation you have, the better. It will help support the accident report and give your insurance and legal representation more to work with when seeking damages.
1. Contact Your Insurance Company
Following the accident, you want to contact your insurance company immediately. If the accident occurred after business hours, you can always leave a message or call first thing in the morning.
Provide them with the following details:
- Name and Policy Information: They need to verify your insurance coverage and what it entails.
- Date, Time, and Place of the Accident: They need to know when and where the car accident took place.
- Driver Information: Include the name, address, phone number, and insurance information of all drivers who were involved in the accident.
- Police Report: Provide the police report and the name and badge number of the responding officers.
These details will help them process your claim.
Importance of Notifying Your Insurance Company
Many insurance policies require you to immediately report a car accident to them. If you do not report the accident, you will be unable to file an insurance claim for damages under your policy.
Even if you are not at fault, you may still need to pay the deductible to get your car fixed. The insurance company or your lawyer would take care of recouping the costs from the other driver if they were at fault.
If you do not notify your insurance company, they cannot investigate. You will be on the hook for the total cost of vehicle repairs, any medical bills, lost income, and other expenses incurred as a result of the accident.
What to Expect From Your Insurance Company
Your insurance will open a claim to investigate your car accident. While you may have provided pictures, they will need to see the car themselves.
Your insurance company will send someone to inspect the car and get estimates for repair costs. If the damages are too high, the insurance adjuster may declare the vehicle a total loss and cut a check for the price of the car.
Your insurance company negotiates on your behalf with the other driver’s insurance company to help ensure the repair costs are covered. Be prepared for pushback from the other driver’s insurance. They may not want to cover the total cost of the car and injuries.
During the process, be available to answer any questions they may have about the accident. They may contact you for additional information to help further their investigation.
Unfortunately, your insurance premium may go up as a result of the car crash. You may be dropped from your policy, depending on your driving history.
2. Seek Medical Attention
Even if you feel alright after the car accident, you should still seek immediate medical attention. You may still be injured or have long-term injuries. Many victims don’t know the full extent of their car accident injuries or how long they may suffer until they get medical attention.
These are called delayed injuries, and they can happen hours, days, or weeks after the accident. Common delayed injuries include:
- Whiplash: A neck injury after a fast and forceful back-and-forth motion of the neck, often due to impact.
- Spine Injuries: Herniated discs and other back issues may develop as a result of the impact of the car accident.
- Head and Brain Injuries: If you hit your head on the steering wheel or side of the car, you may have a brain injury
- Mental Illnesses: Many drivers develop anxiety or PTSD as a result of the accident, which can impact their daily lives after a car crash.
There are symptoms of delayed injuries you can look out for, including fatigue, abdominal pain, back, shoulder, and neck pain, muscle stiffness, nausea, dizziness, memory loss, headaches, and more.
If you do not seek medical treatment following the accident, you will be unable to connect these injuries to the accident. Additionally, they could become serious or life-threatening if they are not addressed.
You may be responsible for the medical costs if you cannot connect it with the car accident. It is always worth going to the doctor after an accident to be sure.
3. Consult with a Car Accident Lawyer
You can engage the services of a good car accident lawyer to help you throughout the process. There are benefits to retaining a lawyer, and here’s what to look out for.
Why You Need a Lawyer
Car accident cases, even if they’re the other driver’s fault, are complex. Auto insurance is a business, so the insurance companies want to try to pay the minimum they can. However, having legal representation can help you avoid that fate.
The benefits of retaining a lawyer include.
- Maximum Settlement: Personal injury attorneys can help you get the most compensation for the injuries you suffered as a result of the accident, including physical harm, pain and suffering, and more.
- Advocate in the Legal System: Insurance companies will retain lawyers who know the ins and outs of the legal system. It can be difficult for the average person to go up against them and win without legal representation.
- Peace of Mind: Lawyers can help communicate with the insurance companies on your behalf, file timely legal claims, and more. They do everything so you don’t have to. Instead, you can focus on your healing.
Car accident and personal injury lawyers are well-versed in the law and can help you navigate the process.
How Long Do I Have to File a Car Accident Claim?
The statute of limitations varies for how long you have to file a car insurance claim based on what state you live in. Typically, it is between two to three years, though you will want to consult with a personal injury attorney to understand your options.
As you select the right attorney to file your personal injury claim, consider the following.
- Expertise: You want to look for personal injury attorneys who have experience with car crash settlements.
- Settlements: Many attorneys will list how much compensation they have recovered for their clients on their websites.
- Cost: Most personal injury lawyers will take a fee of your winnings as payment.
- Communication: Many lawyers will have a free consultation, so meet with them to see if you like working with them. They should be able to explain your options in a manner you can understand and feel good about.
The right lawyer can help injury victims recover compensation for their auto accident, in addition to all other costs incurred connected to the accident.
4. Gather Evidence
You can help your lawyer win your case by gathering evidence that backs up your claims.
Types of Evidence
No details are too small when it comes to supporting your claims. Gather evidence that helps prove your story, like:
- Photos: Pictures of the car, injuries, surroundings, accident scene, the other driver, and more can help illustrate what happened and support your verbal testimony
- Witness Statements: Get the name and contact information of anyone who was on the scene and share it with your lawyer.
- Police Report: Get copies of all police records of the accident and the name and badge number of the responding officer. The police officer can be summoned to the stand if the case goes to trial.
- Medical Records: Obtain medical information for all treatment you received as a result of the car accident. This can help your medical bills be covered during the legal process.
Your car accident attorney can help investigate the claim and follow up on the evidence you provided. The better start you can give them, the quicker they can build their case.
How to Gather Evidence
Be thorough when gathering evidence. This will help your car accident lawyer create a strong argument in your defense.
What does that entail?
- Write Down Everything: Document all the details you can remember. What you were doing, how fast you were going, where you were hit, and so forth. Include everything you can remember about all vehicles involved.
- Take Photos and Videos: The more you can show what happened, the better. It will help create a 360-degree of what happened.
- Create a Paper Trail: Get police reports and doctor records. They are professional opinions that can help provide information about how the crash happened and any injuries incurred as a result of it.
Your car accident attorney will help sort through the details and pursue damages from the at-fault driver’s insurer.
5. Negotiation With the Insurance Company
Experienced car accident lawyers can help negotiate with the at-fault driver’s insurance on your behalf.
The Negotiation Process
Auto accident attorneys can help you through the negotiation process before you go to court. Steps may include:
- Determining Minimum and Maximum Settlement Amount: Based on the details of your case, you should know the total cost of the car accident, including the vehicle, medical expenses, lost wages, pain and suffering, and more. You will pursue the total amount but also determine a minimum amount you would be willing to settle for.
- Don’t Accept the First Offer: The first offer will often be a lowball offer. The other driver’s insurer wants to pay the least possible, so hold out for a better offer.
- Don’t Let Emotions Get in the Way: Stick to the facts of the case and be patient. Your lawyers may be going back and forth to try to reach an agreement.
- Get Everything in Writing: If you are able to come to terms, get the details in writing. Read everything and make sure your legal representation is aligned with your signing.
The at-fault driver’s insurance company may try to prove you were partially responsible for why the accident happened to avoid paying out, so make sure you avoid admitting any fault. They will try various strategies to avoid paying out.
6. Litigation
In some cases, you may not be able to reach an agreement during the negotiation process. If that’s the case, you may need to file a lawsuit that needs to be proven in court.
You need to prove you were not at fault for the accident, and the police report, medical documentation, photos, witness testimonies, and more can help build your case.
Consult Experienced Attorneys to Help With Your Insurance Claim
When you are involved in a car accident, even if it is not your fault, you need to call 911, seek medical treatment, and contact your insurance company. Then, you can engage the services of Rosenfeld Injury Lawyers to help represent you through the process and get compensation for your harm.
Contact us by calling (888) 424-5757 or filling out the form on our website to get a free, confidential consultation from our team of experienced legal professionals. Contact us today to get started!
References: [1] Insurance Institute for Highway Safety