Being involved in a car accident can be a traumatic and overwhelming experience. It’s crucial to understand what to do after a car accident in order to ensure your safety, protect your rights, and start the process of recovery and compensation.
Understanding what to do in these critical moments can make a significant difference in how you cope with the aftermath and navigate the legal and insurance processes that follow.
At Valley Law Accident and Injury Lawyers, we are dedicated to helping accident victims through these challenging times. Our expertise and commitment to our clients ensure that you receive the guidance and support necessary to handle the aftermath of a car accident effectively.
To that end, we’re here to outline the essential steps to take after a car accident, providing you with a clear and concise guide to follow during such an incident. Without further ado, here is Valley Law’s guide on what to do after a car accident.
Immediate Steps to Take at the Scene
The immediate aftermath of a car accident demands that those who can act quickly do so in order to mitigate the repercussions. It is crucial to ensure the safety of all individuals involved and secure relevant information for insurance and legal purposes.
Here are the immediate steps to take at the scene of a car accident.
Ensure Safety
Immediately move out of harm’s way and check yourself for injuries. If you can, assess any other victims for injuries and assist them in moving away from danger as well.
However, do not attempt to move any unconscious victims unless you either have the training to do so or if there is an immediate threat to their life. Attempting to move an unconscious person risks aggravating any injuries they may already have sustained.
Should I Move/Tow My Vehicle?
You should generally avoid moving your vehicle until a police officer arrives and assesses the situation unless there are safety concerns, such as a fire or if you’re obstructing traffic. Keeping the vehicle in place allows for accurate documentation of the scene, which can be crucial for insurance claims and legal purposes.
However, if moving the vehicle is necessary for safety reasons, make sure to document the scene with photos before doing so. In some jurisdictions, it is mandatory to report an accident to the police, regardless of whether you move the vehicle or not.
If you do have to move your vehicle, do not drive away from the scene. Simply move it to a safe place on the side of the road and await roadside assistance.
Always check local regulations and follow any specific instructions from law enforcement.
Contact Law Enforcement
Once you are at a safe location, dial 911 to inform authorities and emergency services of the accident. Medical services and fire services are essential for ensuring the health and safety of everyone at the scene, and police will be able to provide security and prevent escalation.
Police will also file a report on the accident. This document often serves as the primary record of the events that transpired and is used by both insurance companies and the legal system to determine things such as liability and damages.
Exchange Information
You will have to exchange relevant information with other parties involved in the event. Provide your name, contact information, insurance information, and vehicle information, and be sure to get the same from the other driver.
You can easily access this information on a driver’s license or insurance card. Be polite and civil when requesting information from other parties.
It’s important to remember not to discuss fault at the scene. If you must discuss the event with other parties, avoid pointing fingers and save your account for when the authorities arrive.
Documentation and Evidence Collection
Once emergency services arrive and safety is assured, you can start making sense of the situation.
This second part of our guide on what to do after a car accident will walk you through critical steps involved in documenting the accident for your case.
Gather Photo, Audio, and Video Evidence
Take pictures of vehicle damage, the scene of the accident, and any visible injuries you and other individuals may have sustained. Video and audio recordings also help authorities gain insight into how the accident occurred.
It’s generally a good idea to record more than just the damage to yourself and your property. Skid marks on the road, for instance, are a great help for investigators trying to piece a picture together.
Gather Witness Info
If you have followed this guide so far, you should already have the information of other drivers. You will, however, also want to record accounts of the event as seen from the perspective of other witnesses.
Collect the contact information (phone number, address, etc.) of those you speak with just in case you may want to have them clarify statements later on. Accurate witness statements can go a long way in supporting your case.
Record Important Details
When providing your account to authorities for the police report, note important details such as the date, time, and location of the accident. Be sure to describe the weather and road conditions as well as any relevant factors such as the sobriety of other parties, potential distractions, etc.
Give your perspective on the timeline of events. Be honest and objective to the extent you can be and, as before, avoid pointing fingers or discussing fault.
After Leaving the Scene
Eventually, everyone involved has to leave the scene of an accident. This next part of our guide on what to do after a car accident will delve into what you can do to safeguard your health and protect your right to compensation after leaving the scene.
Seek Medical Attention
While you will likely have medical help on site when emergency services arrive, it’s generally recommended that you still see a doctor when the opportunity presents itself. Many injuries sustained in a motor vehicle accident (traumatic brain injuries, for example) might not immediately present symptoms, leading to potential complications down the line.
Without thorough medical evaluation and treatment, even for seemingly minor injuries, victims will often find themselves unable to argue against a low offer for medical treatment costs when making a claim.
Be sure to keep track of your medical records after a car accident so you have proof that ties them to the event.
Notify Your Insurance Company
You will want to inform your car insurance company in order to begin the claims process. They will assign an insurance agent to your case who will launch their own investigation in order to determine whether your claim is valid and how much to give you if it is.
Keep in mind not to accept an offer right away, however. It is enough that you inform them to start the insurance claims process, but remember that the company is still a business looking after its bottom line; while they have to pay out as that is the service they provide, they still want to watch out for their profits.
Without knowing what you’re getting into, you will likely end up accepting a lowballed offer that barely covers your losses or, at worst, fails to cover a reasonable amount at all.
Keep Records
Tally your medical expenses, property damage, repair costs, and any other relevant expenses related to the accident. If you are unable to use your vehicle for the foreseeable future, record any transportation costs incurred.
What to Do After a Car Accident: Legal Considerations
There are two things to consider after a car accident as far as legalities are concerned. The first is understanding your legal rights, and the second is to seek legal assistance.
Understanding Your Rights
The compensation you are entitled to, the repercussions for the at-fault party, and even the services you may avail of after an accident all vary from case to individual case. Understanding your rights for your specific situation often requires a deep understanding of the law as well as your own insurance policy.
For example, understanding what damages (economic and noneconomic) can be covered after considering the nuances of your policy can help you determine whether an offer is fair or whether more value can be extracted from the claim. Understanding which policy applies to which injured party in the event of an accident is also another factor that can swing the value of a claim in your favor.
Unfortunately, while the average person can be expected to have read and understood the terms of their insurance, it is a much larger ask to expect them to be able to navigate the legal landscape on their own. This is why it can be advantageous to speak with a car accident attorney when you need to figure out what to do after a car accident.
Consulting With a Car Accident Lawyer
The benefit of having a personal injury lawyer on your side is that they are versed in both insurance policies and the intricacies of the legal system. The right car accident attorney on your side, at the very least, removes the uncertainty of navigating legal complexities on your own and, at their best, can completely handle a case on your behalf, allowing you to focus on recovery.
A good lawyer will be able to help you understand general concepts such as how to document your car accident, or extremely niche issues such as what is total loss, or who pays for a rental car after an accident.
What to Do After a Car Accident: Common Mistakes
Beyond knowing what to do after a car accident, it also serves to keep in mind some common mistakes people make. Committing one of these errors can drastically lower the value of a potential payout if it does not get a claim denied entirely.
Admitting Fault
Part of the reason we repeatedly warn against discussing fault or pointing fingers while at the scene of an accident is because it is surprisingly easy to say something that might be taken as an admission of fault.
The best way to avoid admitting fault is to simply state objective facts. Outline events as they unfold and avoid assuming what any other party might have been doing that contributed to the accident.
As someone involved in the event, you will usually be entitled to a copy of the police accident report. If the information on it does not align with your recollection of the events, you may appeal to have the information on the official report changed at the police records department.
Accepting Quick Settlements
As much as insurance providers will try to convince you that they are providing a service of financial protection, at the end of the day, they are out to make money. This means they have a vested interest in making as few payouts as possible for as little as possible.
Because of this, lawyers will often warn against accepting any insurance company’s first offer. Instead, take the time to break down and review the reasoning behind the amount they are offering and gauge whether or not it covers not just present expenses but any potential future expenses related to the accident.
Ignoring Legal Advice
The purpose of a car accident lawyer’s advice — and every personal injury lawyer’s advice, for that matter — is to guide your decisions throughout the insurance claim process with the end goal of getting as much value as possible. Ideally you want to cover the costs of medical bills, bills from the repair shop, and more.
This makes it strange, then, that a common mistake is to completely ignore a lawyer’s advice after having decided to work with them.
Car accident lawyers such as ours at Valley Law work on a contingency basis; we don’t get paid if we don’t win. This means any advice your attorney gives — including what to do after a car accident — is given in good faith and for your benefit.
Valley Law Knows What to Do After a Car Accident. Call Us Today!
If you’ve been in a car accident, you need a team that knows how to navigate the aftermath and secure the compensation you deserve. Valley Law Accident and Injury Lawyers are here to guide you through every step of the process, providing expert legal advice and relentless representation. Don’t wait—your future and peace of mind are too important.
Call us today at (801) 810-9999 to schedule your free consultation and take the first step toward recovery and justice. Valley Law is ready to fight for you.
