The moments following a car crash are chaotic, adrenaline-fueled, and frightening. However, the actions you take at the scene—and in the days immediately following—will make or break your ability to secure fair compensation for your injuries and property damage.
If you find yourself in an accident, follow this essential legal checklist:
1. Ensure Safety and Call Emergency Services
First, check yourself and your passengers for injuries. If the vehicles are drivable and obstructing traffic, pull them to a safe location. Call the police immediately, even for a minor fender-bender. An official police report is one of the most vital pieces of evidence you can have when dealing with insurance companies.
2. Document the Scene Thoroughly
While waiting for the police, use your smartphone to build your case. Take extensive photos and videos of:
- All vehicles involved, focusing on the damage and license plates.
- The wider scene, including traffic signs, skid marks, and weather conditions.
- Any visible injuries you have sustained.
3. Exchange Information—But Limit Conversation
Obtain the other driver's name, contact information, insurance details, and driver's license number. Also, get the names and phone numbers of any witnesses who saw the crash.
Crucial warning: Do not apologize or admit fault at the scene. Saying 'I'm sorry, I didn't see you' can be legally construed as admitting liability, even if the other driver was actually speeding or ran a red light.
4. Seek Medical Attention Immediately
Do not skip going to the doctor just because you feel 'fine.' The adrenaline from the crash can mask severe injuries like whiplash, internal bleeding, or concussions. Having a medical record established on the same day as the accident proves to the insurance company that your injuries were a direct result of the crash.
5. Contact a Personal Injury Lawyer
Before you speak to the other driver's insurance adjuster—and absolutely before you sign any settlement offers—consult with a personal injury lawyer. Insurance companies are highly skilled at offering quick, lowball settlements. A lawyer will calculate the true cost of your medical bills, lost wages, and pain and suffering, forcing the insurers to pay what you actually deserve.