What to Do After a Car Accident?

What to Do After a Car Accident?

Getting into a car accident is scary, confusing, and even downright overwhelming. Your mind is probably racing with questions: Are you hurt? Is everyone else okay? Whose fault was this? What happens next? Who is going to pay for all this?

The decisions you make immediately following a crash can significantly affect your ability to recover fair compensation for your injuries and other losses. This guide outlines the steps to protect your rights. We also recommend you contact a car accident lawyer promptly.

A car accident attorney advocates for your interests and fights for the full compensation available under the law. For more information, read our blog post on why you need a car accident lawyer.

Right After the Crash: What Should I Do Immediately After a Car Accident?

Your safety comes before everything else. While we expect you have left the accident scene, walking away does not mean everything is fine. If you have not yet contacted the police, please do so as soon as possible.

Some other steps you might still be able to take are:

• Take photos of everything relevant, including any damage to your vehicle and injuries from the crash
• Write down precisely what happened while it's still fresh in your memory
• Reporting the crash to your insurer, without getting into too much detail (your lawyer will help make any in-depth statements)

You must also be careful about what you say and post, including in conversations with insurance reps. Don't speak about the accident (or even your injuries) on social media, don't apologize, don't say "it was my fault," and don't say something like "I'm sorry" in any circumstance.

Insurance companies often approach car accident claims in bad faith, and suggesting you caused the accident plays right into their hands.

Should I Seek Medical Attention After the Accident, Even If I Don't Have Symptoms?

Nobody wants to go to the doctor. That said, it's something you need to do after a car accident, even if you aren't experiencing any obvious injury symptoms.

Why you need to see a doctor even when you feel "fine":

• Adrenaline can hide serious injuries for hours or even days
• Some injuries, like whiplash, concussions, and internal bleeding, don't show symptoms right away
• Insurance companies may argue that waiting to get treatment suggests you weren't hurt in the crash (and that you're only reporting an injury to get money)
• You need medical records that link your injuries directly to the accident, and you can only get those records by seeking medical care

Keep every single piece of paper from your medical treatment. These medical records may become some of the most critical evidence in your case.

What Mistakes Should I Avoid Making After a Car Accident?

Let's discuss the mistakes that can jeopardize an insurance claim or lawsuit.

• Talking to the insurance companies without a lawyer
• Accepting the first settlement offer (it's almost always far too low)
• Signing any documents from the insurance company without having a lawyer look at them first
• Saying you're "fine" or "not hurt" before you know the full extent of your injuries
• Waiting too long to contact a lawyer
• Not keeping receipts and documentation for accident-related expenses
• Missing medical appointments or physical therapy sessions

This might seem like a lot to keep track of, but most of these are common sense. Insurance companies don't necessarily have your best interests at heart, so proceed with caution. Better yet, hire a car accident attorney to deal with those insurers and start building a case that the liable parties can't deny.

Why Should I Hire a Personal Injury Lawyer?

Insurance companies have the experience, resources, and strategies in place to protect their bottom line. You deserve a team of your own.

Here's what you're up against without a lawyer:

• Professional claims adjusters who do this all day, every day
• Company lawyers who know every trick to minimize payouts
• Medical experts hired by the insurance company to dispute your injuries
• Investigators looking for any reason to deny your claim
• Complex legal procedures and deadlines you've never dealt with

What a personal injury lawyer brings to the table:

• Knowledge of what your case is truly worth
• Experience dealing with insurance companies' sly tactics
• Resources to properly investigate your accident
• Relationships with medical experts
• The ability to take your case to court if the insurance company won't negotiate in good faith

Having a lawyer means you can focus on getting better instead of fighting with insurance companies. You deserve that.

What Does a Car Accident Lawyer Do for Their Client?

It's hard to quantify all the ways that a car accident lawyer helps their client, so let's view their help in phases:

The investigation phase, during which time your lawyer will:

• Review the police report
• Interview witnesses
• Visit the accident scene (if circumstances permit)
• Obtain relevant video footage
• Review your medical records and speak with medical experts
• Work with accident reconstruction specialists when needed

The case-building phase, when your legal team will:

• Work with medical professionals to document the extent of your injuries
• Consult with economists to calculate lost earning capacity and other complex financial losses
• Document how the accident has affected your daily life and relationships
• Prepare a comprehensive demand package that tells your story

The phase of negotiating with insurers, which may require your car accident attorney to:

• Handle phone calls and correspondence
• Counter the insurance company's tactics with a high-level legal strategy
• Gather and organize all evidence to support your claim
• Calculate the full value of your damages (including things you might not have thought of)
• Present settlement demands
• Go back and forth with the insurance companies' negotiators

When it comes to negotiation, your car accident attorney will present a detailed package that shows what happened and how it has impacted every aspect of your life. If the insurance company still won't offer a fair settlement, your lawyer can file a lawsuit and take your case to court.

What Makes a Strong Car Accident Case?

Several factors contribute to a strong car accident case, and your lawyer will work to incorporate each of them into your case. A good case is one that:

• It has solid documentation behind it, including the police report, witness statements, photos of the accident scene and vehicle damage, and complete medical records that show the extent of your injuries.
• Is bolstered by prompt, thorough medical care: Gaps in treatment or delayed medical care give insurance companies opportunities to argue that your injuries aren't related to the accident.
• Includes credible witness testimony: Those who testify about how the accident happened and its impact on your life also strengthen your case.
• A strong client-lawyer relationship: Following your lawyer's advice and avoiding statements or actions that can hurt your case helps ensure the best possible outcome.

The next step you can take towards building a strong case is to hire your lawyer, so don't wait.

Your Lawyer Will Seek Fair Compensation for Your Accident

This is where many accident victims often sell themselves short. They only think about their current medical bills and maybe some time they'll miss from work, and they accept a settlement that "seems" fair. Do not do this.

There is far more to consider when determining the cost of a car accident, including:

Economic damages (the bills and lost income):

• Current medical expenses
• Future medical costs
• Lost income
• Reduced earning capacity
• Property damage costs
• Transportation costs

Non-economic damages (the harm with a less-than-obvious value):

• Physical pain
• Emotional anguish
• Psychological distress
• Loss of enjoyment of life
• Loss of consortium
• Scarring and other forms of disfigurement

Insurance companies don't want to talk about how this accident is going to affect you five years from now, or how much pain you're in, or the fact that you can't play with your kids the way you used to. A good lawyer ensures that all of these damages are part of the conversation and included in settlement negotiations.

How Long Do I Have to File a Claim?

This is one of those considerations that can make or break your case, and unfortunately, many people don't realize the importance of quick action until it's too late.

Every state enacts a law called a statute of limitations, which sets a deadline for filing a lawsuit. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to recover compensation.

The details depend on your case, but:

• In most states, you have two to three years from the date of the accident to file your case
• The deadline in some states is as short as 1 year
• The clock usually starts ticking on the date of the accident

These deadlines show why waiting until the last minute to contact a lawyer is a terrible idea.

The bottom line? Don't wait. Even if you're unsure whether you want to file a lawsuit, talking to a lawyer early on ensures your case remains viable.

How Much Will It Cost to Hire a Personal Injury Lawyer?

Hiring a car accident lawyer won't cost you anything upfront. Most personal injury lawyers work on a contingency fee basis, meaning they don't get paid unless you do.

How contingency fees work:

• You don't pay any attorney fees upfront
• The lawyer only gets paid if they recover money for you
• Their fee comes as a percentage of your settlement or court judgment

Why this arrangement makes sense for you:

• You can get legal representation even if money's tight
• Your lawyer has direct financial motivation to maximize your recovery
• You're not risking your own money on the outcome of your case
• The lawyer carries the financial burden of pursuing your case (so you don't have to)

Many lawyers will advance all case-related costs for their clients and then get reimbursed from the settlement. Make sure you understand how your lawyer handles these expenses before you sign anything.

What Should I Look for When Choosing a Personal Injury Lawyer?

Not all lawyers are created equal; picking the right one can make a massive difference. Insurance companies know which lawyers have the skills and resources to take cases to trial if necessary, and they treat those lawyers' cases very differently. As you look for your car accident lawyer (today), you should consider:

Experience with car accident cases:

• Look for a lawyer who handles car accident cases regularly, not someone who only handles them once in a blue moon
• Ask about their track record with cases similar to yours
• Find out exactly (or, at least, approximately) how many car accident cases they've handled
• Ask about recent settlements and verdicts

Resources and support for your case:

• Does the firm have the resources to investigate complex cases properly?
• Can they afford to hire expert witnesses when needed?
• Do they have relationships with accident reconstruction specialists?
• What kind of support staff do they have to keep your case moving?
• What personnel and resources will be contributing to your case?

Communication style:

• Do they return your calls and emails promptly?
• Do they explain things in a way you can understand?
• Do they keep you informed about what's happening with your case?
• Do you feel comfortable asking questions and expressing concerns?

Trial experience:

• Many cases settle, but insurance companies pay more when they know your lawyer isn't afraid to go to court
• Ask how many personal injury cases they've taken to trial
• What were the results of those trials?

Look at former clients' reviews. These will tell you plenty about how a law firm treats its clients and whether the firm can get the results you deserve.

Car Accident FAQs

What if the at-fault driver has no insurance or not enough insurance?

If the at-fault driver is uninsured or underinsured, you may still recover compensation through your own insurance policy. Uninsured/Underinsured Motorist (UM/UIM) coverage is designed for this situation. An attorney can review your policy to determine your coverage limits and file a claim with your own insurer.

What happens if I share some of the fault for the accident?

Many states use a comparative negligence system. This system allows you to recover damages even if you were partially at fault, but your percentage of fault will reduce your compensation award. A lawyer can explain how your state's specific laws apply to your case. Learn more about understanding comparative fault.

Should I give a recorded statement to the other driver's insurance company?

You should not give a recorded statement to the other driver's insurance adjuster without first speaking to a lawyer. Adjusters receive training to ask questions that may lead you to unintentionally hurt your claim.

Your attorney can handle all communications with the insurance company to protect your rights and ensure you do not make any damaging statements.

How is the value of my car accident settlement determined?

Attorneys and insurance companies determine a settlement's value by calculating all of your accident-related losses.

These losses include economic damages with a clear monetary value, such as medical bills, lost wages, and property damage. They also include non-economic damages, which compensate you for intangible harms like pain and suffering, emotional distress, and loss of enjoyment of life.

The severity of your injuries and the strength of the evidence directly influence the final value.

The Longer You Wait to Hire Your Car Accident Lawyer, the Greater the Risk You Face

Car accidents can have lasting effects on your physical health, emotional well-being, and financial stability. The decisions you make in the aftermath of an accident can significantly impact your ability to recover fair compensation for your losses.

Remember that time is critical. Evidence disappears, witnesses forget, and legal deadlines pass. Contact an experienced personal injury lawyer who can evaluate your case, explain your options, and fight for the compensation you deserve. For more information about our services, visit our homepage.