Post-Accident: Lawyer And Insurance Steps

Being in a vehicle accident can be a stressful and disorienting experience. Knowing what steps to take afterwards is crucial for protecting your legal rights and ensuring your safety. Here's a checklist of what to do after a vehicle accident:

1. Prioritise your safety: Check for injuries and call for emergency medical assistance if needed.

2. Contact law enforcement: Report the accident to the police, who will document it in a report that can be crucial for determining fault and filing insurance claims.

3. Exchange information: Share your contact and insurance details with the other drivers involved, and gather the same information from them.

4. Collect evidence: Take photos and videos of the accident scene, vehicle damage, and any visible injuries. This can be valuable evidence when determining fault.

5. Seek medical attention: Even if your injuries seem minor, it's important to get checked by a doctor or visit an urgent care clinic. Some injuries may not be immediately apparent.

6. Contact a lawyer: Consult with an attorney before informing your insurance company to discuss your legal options and create a strategy.

7. Notify your insurance company: Inform your insurer about the accident promptly to initiate the claims process and comply with policy requirements.

It's important to act quickly after a vehicle accident, as failing to report it or notify your insurer within certain time limits can affect your legal rights and insurance coverage. Consulting with an experienced car accident attorney can help you navigate the complex world of insurance claims and ensure you receive fair compensation for any injuries or damages.

Seek medical attention

Seeking medical attention after a car accident is crucial for your health and any potential insurance claims or legal proceedings. Here are some reasons why seeking immediate medical attention is essential:

Health and Well-being

Even if you feel uninjured or only have minor injuries, it is important to get checked by a doctor or medical professional. The shock and adrenaline from the accident can mask pain or bodily injury, and some injuries may not be apparent until days later. These can include concussions, soft tissue injuries like whiplash, and internal injuries. Immediate medical attention can help prevent further injury and ensure a quicker recovery.

Insurance Requirements

Many insurance companies require policyholders to seek medical attention within a specific timeframe after an accident to be eligible for compensation or personal injury protection (PIP) benefits. For example, in Florida, you have 14 days to see a doctor to be eligible for PIP benefits, which cover medical expenses and lost wages. Delaying medical treatment can be used by insurance companies as a reason to deny or diminish your claim, arguing that your injuries were not severe or related to the accident.

Evidence for Legal Proceedings

Seeking prompt medical attention creates a record of your medical evaluations, diagnosis, and treatment, which is crucial for any legal proceedings or insurance claims. Medical records serve as evidence of the link between the accident and your injuries, helping to secure a fair settlement. They also provide clear documentation of the extent and nature of your injuries, which is essential for proving damages in legal cases.

Compliance with Traffic Laws

In most states, failing to report a car accident to the police, even a minor one, is illegal. It is important to report the accident, seek medical attention, and obtain a police report or file a report at the nearest DMV. This documentation will be valuable if you need to take legal action or make an insurance claim.

Long-Term Impact

Delaying medical treatment can have negative consequences for your health and recovery. Untreated injuries can worsen, leading to a longer recovery period, long-term disability, or even death. Seeking immediate medical attention ensures that any injuries are diagnosed and treated early, improving your chances of a full recovery.

Report the accident to the police

Reporting a car accident to the police is a critical step to take after a vehicle collision, regardless of whether it is a minor incident or a serious crash. Here are some detailed instructions and considerations for reporting a car accident to law enforcement:

When to Report a Car Accident to the Police

It is essential to report a car accident to the police immediately, even if there are no apparent injuries or significant damage. In most states, failing to file a police report after a car accident is illegal, and leaving the scene of an accident without reporting it is a citable offense. If a police officer is not already at the scene, call 911 to request law enforcement and first responders. Prioritize your safety and the safety of others, and ensure everyone is in a secure location before contacting the police.

Providing Information to the Police

When the police arrive, cooperate with the responding officer(s) and provide relevant information about the accident. Share the facts of the incident, including the approximate time, date, and location of the collision. Provide your identifying information, such as your name, address, phone number, and insurance details. If there are witnesses present, ensure the police collect their statements as well. Remember, it is important not to admit fault or speculate about who is to blame for the accident.

Obtaining the Police Report

Before the police officer(s) leave the scene, obtain their name(s), badge number(s), and the police report number if available. This information will be helpful if you need to request a copy of the police report later. There are a couple of ways to obtain a copy of the report:

• Contact the local law enforcement office that drafted the report. Provide them with the report number, or the date, time, location, and your name if you don't have the report number. There is usually a small administrative fee for obtaining a copy of the report.
• Contact your insurance company, as they may have already obtained the report, and request a copy from them.

Note that it may take a few weeks for the responding officer to complete the report, so allow some time before attempting to obtain a copy.

The Contents of a Police Report

A police report is a detailed document that summarizes the investigating officer's findings at the scene of the accident. It typically includes information such as the details of the crash, the people and vehicles involved, witness statements, a diagram of the accident, and, in some cases, the officer's findings or conclusions about how or why the accident occurred. It is important to note that police reports can contain both facts and the officer's opinions, particularly regarding fault determination.

The Importance of a Police Report

Police reports are crucial for several reasons. They help insurance companies and lawyers determine damage and fault after an accident. They can also be used as evidence in insurance claims and legal proceedings, although the rules for admissibility may vary depending on the jurisdiction and the type of court. Additionally, a police report can help protect your legal rights and support any future insurance or legal claims arising from the accident.

Exchange information with the other driver

Exchanging information with the other driver is a crucial step after a vehicle accident. This exchange ensures proper documentation and facilitates insurance claims and legal proceedings. Here is a detailed guide on what to do when exchanging information with the other driver:

Contact Information:

It is essential to provide your full name, phone number, and address to the other driver and request the same information from them. This enables effective communication and follow-up between both parties and their insurance companies.

Insurance Information:

Share your insurance company's name, policy number, and contact information with the other driver, and obtain their insurance details as well. This information is vital for processing insurance claims and determining financial responsibility. In California, for example, it is required by law to exchange insurance information after an accident, and failure to do so can result in fines.

Driver's License Information:

Exchange driver's license numbers, including the issuing state, and verify the validity of the other driver's license. This information helps identify the drivers involved and ensures they have valid driving privileges.

Vehicle Information:

Share and record specific details about your vehicle and the other driver's vehicle, including the make, model, and year, and license plate number. This information is necessary for accurate identification and assessment of the vehicles involved in the accident.

Accident Description:

Provide a clear and factual description of the accident to the other driver, avoiding speculation or admission of fault. Focus on sharing the necessary details, such as the exact location of the collision, the vehicles' positions, and any relevant traffic signals or road conditions that may have contributed to the accident.

Witness Details:

If there are witnesses to the accident, collect their names, contact information, and brief statements about what they observed. Witness accounts can provide valuable third-party perspectives and support your version of events if disputes arise.

Photos and Documentation:

Take photographs of the accident scene, capturing vehicle damage, license plates, and any relevant surrounding details. Document the time, date, and specific location of the accident, including street names and nearby landmarks. These visual records and notes can be crucial in supporting insurance claims and providing context for the accident.

Remember to maintain a calm and respectful demeanor during the information exchange. Avoid making statements that assign blame, admit fault, or escalate tensions. The goal is to gather the necessary information efficiently and cooperate to the extent that protects your rights and facilitates the insurance and legal processes.

Document the accident with photos and videos

Documenting the accident scene and your injuries is crucial, as it can significantly impact the outcome of your insurance settlement or lawsuit. Here are some detailed instructions on documenting the accident with photos and videos:

• Take a variety of photos and videos: Capture wide-angle shots of the entire accident scene, including all vehicles involved, license plates, registrations, insurance information, traffic signs, skid marks, debris, and any other relevant details. Don't forget to document your injuries and the damage to your vehicle from multiple angles.
• Focus on showing the whole picture: Include details such as the time of day, weather conditions, and any signs of negligence or hazards that may have contributed to the accident.
• Ensure proper lighting and stability: Use your phone's flash if necessary, and brace your arm against something sturdy to keep your camera steady.
• Enable location data and timestamps: If possible, turn on location data for your photos and videos in your phone's settings. This information, along with timestamps, can be helpful in determining specific details about your case that you may struggle to recall later.
• Take as many photos and videos as possible: Modern phones have ample storage, so don't worry about taking too many. It's better to have more photos and videos than to realise later that you don't have enough.
• Get help if needed: If you're injured and unable to document the scene yourself, try to find a witness or passenger who can assist you.

File an insurance claim

Filing an insurance claim after a car accident is a relatively straightforward process, but it's important to act quickly and gather as much information as possible. Here's a step-by-step guide to filing an insurance claim:

• Call the police: Even if there are no apparent injuries and only minor damage to your vehicle, it's essential to call the police and file a police report. This is a legal requirement in most states and will be necessary for your insurance claim. Stay at the scene until the police arrive and provide them with accurate information about the accident. Obtain a copy of the police report for your records.
• Collect evidence and documentation: Gather as much information as possible about the accident, including photos of the damage to your vehicle, photos of the accident scene, and contact information for any witnesses. Exchange information with other drivers involved, including names, phone numbers, addresses, driver's license numbers, and insurance information.
• Contact your insurance company: Notify your insurance company about the accident as soon as possible. Many insurers have time limits for filing claims, typically within 30 days of the accident. You can usually file a claim through their website or mobile app, or by calling their customer support. Have all the information and documentation you gathered at the scene ready to provide to the insurance company.
• Speak with an insurance adjuster: After filing your claim, an insurance adjuster will contact you to discuss the details of the accident and assess the damage. They may ask for additional information or documentation, so be prepared to provide anything else they need. The adjuster will investigate your claim and determine the payout amount.
• Receive your insurance payout: Once your claim has been approved, the insurance company will inform you of the payout amount and how you will receive it. Depending on your policy and the extent of the damage, you may receive a check to cover the repairs, or the insurance company may coordinate the repairs directly with an approved repair shop. If your vehicle is deemed a total loss, you will receive a payment for the market value of the car, minus your deductible.

Remember to review your insurance policy thoroughly to understand your coverage and any exclusions. Each insurance company has different procedures and time frames for handling claims, so be sure to follow up with them if you have any questions or concerns.

Frequently asked questions