What To Do After A Car Accident
According to the National Highway Traffic Administration, a car accident occurs every 60 seconds. That equates to about 5.25 million accidents across the nation on a yearly basis. While most are minor collision, some do have catastrophic consequences.
The moments after you’ve been in a car accident are incredibly stressful. You’ve just had a traumatic experience and suffered a massive impact within a matter of seconds. You’re shaken up, scared, and brimming with adrenaline. You have thousands of thoughts running through your head:
“Am I hurt?”
”Is my car okay?”
”Who will pick up the kids?”
”Does this person even have insurance?”
”What do I do if I have to take time off from work?”
”How am I going to afford to pay my medical bills?”
Even if you’re feeling disoriented and worried, it’s important to have an after-accident plan and get through the incident in order to preserve your rights in a potential claim. That’s why we’ve created a one-page Car Accident Checklist you can print and store in your vehicle. This guide will walk you through the steps you should take and will help take some of the stress out of the situation and ensure you’re protected in the event you need to file a claim. We are also open 24/7 to answer your questions and address any concerns you might have after you’ve been in an accident.
1. Keep Yourself and Your Passengers Safe
Stay calm and use emergency flashers to alert oncoming cars that you’ve been in an accident. Then, if possible, pull your car over to a safe, well-lit place nearby, preferably a public one where others can see both you and the other driver. This is especially important if your car may cause a road hazard. You should move it immediately, even if to a sidewalk to prevent becoming the victim of a second accident. If you can’t move your car, get yourself and any passengers you have to a safe distance away from the collision. However, do not leave the scene.
After an accident, It’s easy to get distracted and make mistakes you otherwise would not with loved ones and pets that might lead to additional injury. If this is a fender bender or minor collision, don’t leave young children, pets, disabled adults, or non-ambulatory elders in a hot, locked car after the accident. Just as you wouldn’t leave them in the car to run into a store or other business, don’t leave the engine off with them in a hot car while you deal with the accident details.
If children traveling with you during the crash are young enough to be in car seats, don’t remove them from the car seats after the accident. They may have injuries you can’t see, so let a first responder remove them from their car seats to assess them for injuries.
2. Call Police and First Responders
After you and your vehicle are in a safe place, check to see if you or anyone in your vehicle at the time of the accident has injuries. Call fire and rescue or an ambulance if someone shows even minor harm from the accident. You’ll want to get medical help for yourself or others right away, especially if the injured are children, elders, or incapacitated people.
When you call, provide your name and other identifying information and prepare to provide the city, street name, and any other information you think will help them find you quickly and easily. This can include the closest house name, mile markings, traffic signs or signals, and direction of travel on the road you are located.
You should call the police even when you feel that no one has been injured. In a minor collision without visible injuries, police will sometimes not dispatch a vehicle to your location, leaving you to handle the documentation by yourself. If the police can’t come to the scene, have to leave before taking a report, don’t show up because no one got hurt or the involved vehicles are not blocking traffic, don’t panic. Go to the nearest police station and file a report as soon as possible after the accident. It is critical for you to file a police report as soon as possible after the accident to ensure there is a record of the accident.
When the police arrive, provide a factual description of how you believe the accident occurred, but don’t guess or speculate as to what other drivers were doing immediately prior to the accident.
3. Take Precautions When Talking to the Other Driver
Determine whether you’re safe talking to the other driver, and if you can do so calmly, without police help. If there is any sign that road rage may have played a role in the accident, use extra caution when you talk with the other driver, or refrain from speaking with the other driver until police have arrived.
Do not discuss the details of the accident with the other drivers. Simply exchange contact and insurance information. Write down the other driver’s name, telephone number, address, insurance company, and insurance policy number. These can be written directly on our free Car Accident Guide.
You may feel awkward not engaging in small talk while waiting for police and first responders to arrive. While it’s appropriate to exchange pleasantries with the other driver, do not discuss the accident with the driver, and refrain from making admissions or apologizing for the accident. Accidents happen, and while you may feel bad, it is not up to you or the other driver to determine who was at fault. That is the insurance company’s job.
Also, resist discussing any potential injuries you may or may not have experienced. Other drivers will inevitably ask if “you’re okay.” You may not always know the extent of damage to your body immediately after a car accident. If you’re asked if you or your passengers are okay, do not make any definitive statements about you or your passengers’ health and instead say that you’ll need to see a medical professional to make sure you aren’t injured.
You rarely know right away if you or your passengers have physical injuries. Even in a minor collision or fender bender, it can take hours or days for injuries and pain to manifest. Your pain and injuries can often be masked by the rush of adrenaline in the moments following an accident, so it’s best not to make any definitive statements about your health and wellness until your body has had time to process the accident. Discussing your lack of injuries without first being evaluated by a medical professional can only harm your potential claims.
Do not make cash deals with other drivers. At-fault drivers may attempt to entice you to accept a cash payment instead of filing an insurance claim. Do not accept any money without consulting a medical professional, an experienced car accident attorney, and a qualified vehicle repairperson. You may not know the extent of the damage your car or your body has suffered, and accepting a “handshake deal” could limit your recovery when surprise expenses appear.
Finally, do not blame the other driver or express anger at the other driver. Escalating the situation on the scene of the accident is not helpful and will only add to the stress you are experiencing. Similarly, don’t accept blame from another driver or witness, and remove yourself from the situation until police arrive if you feel others are expressing anger and aggression toward you.
4. Collect the Right Information at the Scene
At this point, you’ve prepared for an accident in advance, moved your vehicle away from traffic to ensure the safety and security of yourself and your passengers, and spoken with the other driver. You may still be feeling flustered at this point, making it easy to forget what information and evidence is important for you to document to ensure your claim proceeds smoothly.
Accident Details
You should take note of the date, time, and location of the accident. Do not rely upon the police to make a report of the accident. Police may not respond to minor collisions and often this information is missed in police reports. Also, document how the accident happened. Memories can fade and you may miss critical details when you recall the accident days or months later.
Driver Information
It is critical that you obtain the at-fault driver’s information as failing to do so will make it nearly impossible for you to make a claim with their insurance. You should write down the at-fault driver’s name, address, driver’s license number, insurance company, and insurance policy number. You should double check the at-fault driver’s insurance card to ensure the insurance policy is active. An uninsured driver may provide you with an old insurance card that is out of date, potentially leaving you on the hook for your damages and expenses.
Ask if you can take photographs of the at-fault driver’s license and insurance card. Some drivers may hesitate, but this method will ensure that you do not forget to document any critical information. If the driver won’t allow you to take photos of their documents, use our Free Car Accident Guide, which has dedicated spaces for the most important information you need to document.
Photos or Videos
“A picture is worth a thousand words.” this is especially true when you’ve been involved in an accident. It is truly difficult to explain or describe the impact that your vehicle sustained without being able to see it firsthand. You should take pictures of the area where the accident occurred, the other vehicles and drivers involved, and any visible injuries you sustained. This will help validate your claims and assist you with recalling the minor details of an accident that may have a major impact on your claims later.
Witness Information
If there are witnesses to the accident, speak to them briefly and ask for their name, phone number, and email address. Don’t rely on the police to record this information for you. The police may leave before having an opportunity to speak with witnesses, or they may not make a Traffic Collision Report at all in minor collisions. It may be a good idea to record audio or video using your cellular phone while you speak with witnesses and drivers to ensure you’ve captured accurate information.
5. Seek Immediate Medical Attention
You may not feel injured in the hours or days following the accident. However, even if you do not feel injured, it is important to have a medical evaluation done as soon as possible. The shock and adrenaline from the accident sometimes mask injuries that you have experienced, and you may not feel the effects of your injuries until hours or days later. You should always take this step as a precaution because there are several serious injuries, such as mild traumatic brain injuries, that do not immediately present themselves in a manner that you can recognize. You will also need to document your injuries as early as possible so that you can maximize the amount of recovery you are owed.
If you are seriously injured, visit the Emergency Department of your local trauma hospital immediately. If you feel injured, but are able to leave after collecting the vital information outlined above, visit an Urgent Care facility as soon as you can. Even if you feel uninjured, you should still make an appointment with your primary care physician so that you can be fully evaluated to confirm you have not suffered any hidden or latent injuries. Sometimes what feels like soreness or a back/neck ache is indicative of a more serious spinal injury.
6. Start an Insurance Claim
Once you’ve collected the important information outlined in our Car Accident Guide and sought medical attention, contact your insurance company to make a claim. Regardless of fault, it is important to call your insurance company and report any accident that involved injuries or property damage. It is a common myth is that you do not need to contact your insurance company if you were not at fault. This is false, because there are several coverages, such as uninsured/underinsured motorist coverage, on your insurance policy that you may want to use.
Do not contact the at-fault driver’s insurance company. California law requires your insurance company to investigate claims on your behalf and pursue the at-fault driver’s insurance policy to compensate you for your injuries and damages. You have paid your insurance company for this service through your premiums and it is a service you should use. When you contact the at-fault driver’s insurance company, they will ask you to give a recorded statement about the accident. The insurer will then use your recorded statement to twist your words and deny the claim or provide you with a low-ball settlement offer.
7. Protect Your Rights
Once you make an insurance claim, the at-fault driver’s insurance company will inevitably give you a low-ball settlement offer, even when you have serious bodily injuries. It is important to contact an experienced car accident attorney to assist you with opening a personal injury claim with the insurance company. If you are offered a settlement from the insurance company, don’t sign it until you’ve had an attorney evaluate your claims. Remember, you SHOULD NOT speak to any insurance adjuster regarding your incident without first contacting an attorney. Shoar Law Group provides free, no-obligation case evaluations. Contact Us today to discuss your claim with an experienced auto accident attorney. Doing so will help you avoid the common tricks and pitfalls the insurance companies use to reduce the amount of money you are owed and allow you to focus on getting the medical treatment you need to recover from your injuries.
