Nothing ruins a perfectly good day like a car accident. Whether it’s an impact from behind on a crowded intersection or finding yourself upside down in a median, accidents have both immediate and long-term impacts on everyone involved. Learn the simple steps you must take after a car accident to protect yourself financially…and why those simple steps are often overlooked.
Reasons People Don’t Take Action
The number one reason people don’t take the proper actions following a car accident is they’re not focused on the big picture. This is completely understandable and even appropriate for a while. As discussed below, your first priority should be on your safety and on the safety of your loved ones. However, properly preparing for a personal injury claim is not only protecting your physical health, but also the financial health of you and your family. Keep reading to learn the steps you need to take to ensure you’re protected in the long run.
Another reason people don’t take the proper steps is they don’t think the accident was bad enough to warrant any legal action. “There is only a little damage to the vehicle,” “I only have mild whiplash,” or “My knees only hurt a little” are often statements made before parties shake hands and go their separate ways. The parties likely don’t realize that the “mild whiplash” could be the first sign of major back trauma, which could forever change their life.
Finally, a third reason people don’t take the proper steps to protect their long-term health and financial security after an accident is they simply don’t know what to do. As you’ll learn, the steps are simple…and the steps can be grouped in terms of immediacy. What is most important right now and what can wait till tomorrow? Even if the action has already occurred and you’re reading this from the comfort of your home, it might not be too late to take action.
What to Do after a Car Accident
We’ve addressed why people often don’t take action after an accident, but what are the right steps to take? Below are the simple steps you must take after a car accident. I’ve organized these steps into three different groups based on when the steps need to be completed: (1) immediately after a car accident, (2) the first week after a car accident, and (3) the first month after a car accident. Following these steps will help lay a foundation to protect you and your loved ones.
Immediately after a Car Accident
1. Seek Medical Attention Right Away
The first step you should take after an accident is seek medical attention. Especially do this if you or anyone with you sustained any injuries that could potentially be serious. Once 911 has been called, an ambulance will be sent to the scene. They’ll be glad to look you over and do field test for concussions, broken bones, and other injuries. Don’t be afraid to have them do the test: there is no charge for roadside tests. If they find any serious injuries or even if you just feel you need it, a trip to the hospital is important for your personal safety.
Failing to seek medical attention after an accident can also affect the damages you could recover as part of a future litigation. As the injured party, you may have a duty to “mitigate your losses.” This means you must take reasonable steps to protect your health and to mitigate any future economic damages.
2. File a Police Report
Filing a police report helps ensure you have records of all the important information. When the police arrive at the scene make sure to give them your personal information as well as your version of the events. If they seem dismissive of something you think is important you can request it be included in their report. The report should also include the names and contact information of the other parties involved. This report can be a good way to refresh your memory later if the accident left you a little fuzzy. The police report can also be used in court if a lawsuit arises.
While it is necessary to communicate with the other party after an accident, exercise discretion when speaking with other parties…even with the police. You are under no duty to state whose at fault or to offer additional information. Additionally, avoid making statements that might make the situation more complicated. This includes creating conflicts as it pertains to the event.
3. Take Pictures and Video
Oftentimes after a car accident your memory can be fuzzy. This could be because of an injury or simply because of the suddenness of the events. Therefore, in addition to telling the police what happened, you should take your own pictures and videos. Take pictures and videos of the vehicles involved, any damage to them, and any injuries to yourself. Having pictures and videos of your injuries, soon after you received them, will allow you to document how those injuries progressed over time. This documentation will be useful for your doctors and could be used in a legal suit later.
The First Week after a Car Accident
1. Follow-Up on Any Medical Treatment or Visits
If you went to the doctor right after the crash make sure to follow up on any treatments that were advised or any follow-up appointments that were recommended. These initial treatments can be part of your duty to mitigate your damages and can help keep minor injuries from getting worse. Keep a record of all your hospital visits and everything you did to treat your injuries.
Finally, do not underreport your injuries—even minor ones—to your doctor. Some people shrug off minor aches and pains, thinking they’re not important enough to mention to the doctor. A minor ache in your back today could turn into a major misalignment in a few weeks. If this ache was not reported, it could end up requiring much more invasive treatment later. Any reports and records you make could potentially be used in future litigation.
2. Pick up a Copy of Your Police Report
Most law enforcement offices will have a copy of the police report 3 to 5 days after an accident occurs. Therefore, go to their office and pick up a copy of the police report. When you do, make sure you read it. If the officer made a mistake, you can…and should…request a correction.
3. Be Careful When Dealing with Insurance Companies
Involving insurance companies is often a necessary part of the legal process, but it can also complicate things in a personal injury claim. Be sure to protect your interest when negotiating with an insurance company. It may be helpful to have a lawyer on hand for advice when dealing with 3rd parties. Initial statements made incorrectly to insurance companies can lead to difficulties later when trying to receive compensation.
The First Month after a Car Accident
1. Avoid Trying to Settle on Your Own
Other parties and insurance companies will sometimes pressure you to settle the claim prematurely. This process can be complicated and confusing. If you’re not entirely comfortable, it’s best to seek advice from an attorney. You especially need to hire an attorney if the other side has a lawyer of their own.
On the same lines, be careful about signing anything. Insurance companies and other unscrupulous parties will sometimes try and get you to sign agreements or offers to avoid litigation. Signing these are not always in your best interest. Always get the advice of an attorney if you’re unsure about what you’re asked to sign.
2. Continue Any Recommended Medical Treatment
It can be important for your health as well as any future litigation for you to continue any medical treatment that you’ve been told to pursue. It can be annoying, especially if you feel the treatment is no longer necessary, but failure to complete treatment can result in a lower payout if the case settles.
For example, a friend was involved in a car accident where he was rear-ended. An attorney for the insurance company told him he needed to go to the chiropractor every week for 2 months. Additionally, the insurance agreed to pay for the visits. However, the chiropractor kept asking my friend about payment. After a couple weeks, my friend stopped going to the chiropractor. When his case was settled, my friend was told he lost out of 50% of what he could have recovered simply because he never completed his treatment.
3. Look into Hiring an Attorney
Not all personal injury attorneys are the same. Some specialize in certain fields and some handle more general claims. It’s important…if possible…to start the conversation with an attorney within the first few months. This is because there are statutes of limitations that must be followed in order for your claim to be filed. Statute of limitations provide a window of time after an accident that any lawsuit has to be filed in. If you wait too long to speak with an attorney, your case may be barred automatically.
Conclusion
Being in an accident, especially one where you or a loved one is injured, is a traumatic event. However, it’s important to take the right steps afterwards to protect you and your family. The steps listed above will lay a good foundation for any legal action that might need to be taken. Additionally, a good attorney will help you navigate the process from start to finish while providing you peace of mind.
If you’ve been in a car accident, don’t hesitate to call Chris Baldwin law. We handle car accident cases and offer free consultations. Chris will walk with you every step of the way. Click Here to schedule your free consultation. You can also schedule your free consultation simply by calling us at 334-863-4555.
No representation is made that the quality of legal services is greater than those performed by other attorneys.