Have a fender bender? Or a more serious car accident? Here are three things to do after you have been in a car accident:
1. Protect the Accident Area
This is for your protection as well as the safety of other drivers. Keep the hazard lights flashing on all of the cars involved at the scene. Keep flashlights on if it is dark and headlights are broken. If you are not injured, set up flares around the perimeter of the accident scene if you can do so safely. If you have a reflective triangle or a reflective safety vest, use those to increase visibility after the accident. Criminal and civil penalties can be imposed if you leave the scene of the accident, even if the accident is a relatively minor one. Seek help from emergency services prior to leaving. If you are not injured, take photos of any damage so long as doing so does not put you in harm’s way (i.e. don’t stand in traffic to get a better picture). Try to capture all vehicles involved in the accident, any damage to the vehicles or any nearby objects. Get photos of the street around the accident scene – traffic signs, traffic lights, skid marks on the pavement – anything and everything that might seem relevant. Get the other drivers’ names and insurance information if they are well enough to share them with you (and if not, at least take photos of their license plates). If anyone stopped to help or offered to be a witness, take down their information – or, even better, ask them if they will also record a short video stating what they saw happen.
2. Keep Precise Records
Photographs may be the best way to show what happened to all vehicles involved in the accident, as well as what happened to the road or nearby objects (street signs, guard rails, benches, etc.). Whether or not you believe you are injured, seek medical treatment after an accident, and make sure you keep all of the records from this visit. If you are injured, try to document your injuries with photographs; however, do not delay care for the purposes of taking photographs. Do not get in the way of the police investigation once the police arrive, but take pictures as soon as you are able to and allowed to (the police will understand your need to do this, but they need to do their job first). Keep detailed records of any pain you experience, work you have to miss, and follow up appointments with doctors.
3. Call Your Insurance Company
Report the accident to your car insurance provider as soon as your physical injuries have been immediately dealt with. Insurance companies often have different rules and/or policies regarding when an accident should be reported. If you have questions about your insurance policy, you should speak with your insurance carrier. In addition, some policies provide for benefits such as “medpay”. Simply put, medpay allows medical bills to be paid by your insurance company directly while liability is being determined. There are pros and cons to using medpay, so it’s best to seek advice from a skilled attorney familiar with car accidents or your insurance adjuster before deciding whether or not to use benefits such as medpay. In some cases, your insurance company may advise you not to file a claim with them at all.
Every accident is different, and it is important that you speak with an attorney who can advise you of the proper steps to take. Whether you believe you were at fault or the victim of someone else’s mistake or carelessness, it’s in your best interest to speak to an attorney about the situation. Decisions about who is “at fault” can change, and if the other person in the accident gets a lawyer for themselves, you will be operating at a disadvantage if you don’t. Speak to an experienced car accident lawyer in your area, and get professional advice on how to protect yourself and your rights.