Car Accident Law

What To Do After a Car Accident

Key Takeaways

  • Stay at the accident scene, exchange information with the other driver, and report the accident to the police and your insurance company.
  • Even if you feel okay, get medical help and take photos of the accident scene and any injuries, as some injuries can appear later.
  • Consider talking to a car accident lawyer to help with insurance claims and possibly filing a lawsuit to cover your expenses from the accident.

After a car accident, you are likely stressed and upset. If the accident was just a minor fender bender and no one was hurt, it may be tempting to get back in your car and leave. But this may be a mistake that can prove costly.

Knowing what to do after an accident can preserve your rights and any possible legal claims. A car accident personal injury attorney can help you get compensation for medical bills and property damage through an accident claim, settlement, or lawsuit.

Do These Things After a Car Accident

Every car accident is different. However, there are certain things you should think about any time you find yourself in one. Some of the more common steps to take after a motor vehicle accident include:

  • Stay at the scene of the accident
  • Call 911 to report the accident and ask for medical care for any potential injuries
  • Move the vehicle out of traffic when it is safe
  • Get the license plate number and driver’s license number of the other driver
  • Get the other driver’s car insurance information
  • Get cell phone numbers and contact information of witnesses
  • Report the accident to law enforcement and your state’s department of motor vehicles
  • Report the accident to your insurance company
  • Get estimates for vehicle damage repairs
  • Talk to a car accident attorney

Even if you don’t think there was much damage, your state may require you to stay at the scene or report the accident. If you leave an accident without providing your information, you may be arrested later for a hit-and-run. In some cases, both drivers may agree to not report the accident for insurance reasons. However, there is always a risk the other driver will later report the accident and try and blame it on you.

Even if you don’t think you’re injured, you should consider medical attention. Some types of injuries, including head and spinal injuries, may take time before the symptoms show up. Adrenaline can mask injuries at the time. You might think you just have a sore neck, but it could turn into something more serious down the road.

Exchange information with the other driver, including their phone number and insurance policy number. If there are witnesses, ask for their names and contact information. This might be the only chance to get evidence to support your claim. Take pictures of the scene, any property damage, and visible injuries.

The police will write up an accident report of your version of what happened, the other driver’s statements, and the police officer’s assessment of the accident. A copy of the police report can be critical when you make an insurance claim.

Be careful before you talk to the other driver’s insurance company. They represent the insurance company and may try to get you to say something to avoid paying for your damages. You can have your car accident lawyer deal with the insurance adjusters on your behalf.

After a car accident, write down everything related to the accident: what happened, the weather, the time of day, road conditions, skid marks, street signs, etc. You may also want to keep notes about any injuries, medical expenses, medical treatment, days missed from work, and all of your expenses related to the accident.

How Should I Deal With Insurance Claims After an Accident?

Call your auto insurance company after an accident. Make sure you understand your insurance policy and coverage before talking to your insurance agent, so you are prepared before going through the claims process.

Some states have adopted “no-fault” insurance laws or require drivers to carry personal injury protection (PIP) as part of their car insurance coverage. In those jurisdictions, your insurance company should reimburse you for minor car accidents regardless of which driver caused the accident. Other states use an “at-fault” system, where you may file a claim with your insurer, make an auto insurance claim against the other driver’s insurance company, and file a lawsuit for damages.

Should I File a Lawsuit After a Car Accident?

If you have serious injuries or damage to your motor vehicle and other out-of-pocket expenses, you may need to sue to recover your costs. In a personal injury lawsuit, you can recover costs such as:

  • Medical bills
  • Future costs for ongoing injuries
  • Lost wages if you miss work due to your injuries
  • Lost future income if you are permanently disabled
  • Vehicle repair or replacement
  • Rental car expenses

You should talk to an experienced personal injury attorney before trying to negotiate with the other driver or their insurance company. They may offer you money to settle the case instead of going to court. Without the experience of an attorney, you could end up settling for a lowball offer.

Most personal injury attorneys offer free consultations and work on a contingency fee basis, meaning that you only pay them if they win your case. Find a local auto accident attorney who can talk with you about your options and give you legal advice about how to protect your rights.

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