12/03/2021
WHAT NOT TO DO AFTER A CAR ACCIDENT
If you are in a car accident, you should know that most people feel a mix of shock, panic, fear, and remorse. Confusion is normal. If you find yourself in this situation, it is important to remember that everything you say and do from there on out can make matters worse.
Understanding the common mistakes people can make following a car accident will save you time, aggravation, and stress. People who are injured during a car accident may have the right to compensation for any damages and loss they have suffered. Since getting fairly compensated may be a challenge, knowing the steps to take to strengthen your claim is important.
What Not To Do
Do not forget to call 911. You or the other driver may not want to call the authorities, especially if no one seems injured. However, even if you think you or the other driver or passengers are unhurt, or the damage seems minor, calling 911 is the best thing you can do.
Not only will you be examined by emergency medical personnel in case you are more seriously injured that you realize, but you will have a police report about the accident for your records and your insurance company and lawyer’s records. When there is no police report, people sometimes change their stories after they leave the scene of the accident and deny liability, losing the opportunity for the officer to observe the state of the vehicles, skid marks, and other evidence on the scene and get a contemporaneous statement. Many times, people have no idea they are injured as don’t feel the pain of their injuries until hours after an accident or even the next day. It is always best to call the police and make a record.
Do not downplay your injuries. Without a medical examination you may not realize the extent of your injuries. For example, normal confusion after an accident may be dismissed as shock or stress, but could also be a sign of a concussion, which is a traumatic brain injury that may have lasting effects. It is common to want to avoid seeming like a “complainer” but insurance companies and juries look at the statements made at the time of the accident or emergency room visit to argue about the extent of injuries. If you hurt, say so and describe your symptoms accurately.
Not seeking proper medical attention may slow down your recovery and can lead to loss of income and more costly medical treatment. It could also open the door to insurance companies and medical professionals questioning your claim if you present these injuries at a later date.
Get medical attention immediately. This will document the full extent of your injuries and help you to recover faster.
Do not wait to act. Talk to an attorney. There are steps you absolutely need to take right now as there are statute of limitations that govern your particular situation, and a lawyer will know these rules.
Investigate the accident. If you wait too long, critical pieces of evidence that may help you and your lawyer build your case may disappear. For example, video surveillance from nearby homes, businesses, or street cameras may be taped over or deleted.
Do not forget to collect the following if you are able to:
Other driver’s name and address
Other driver’s insurance company name and policy number
The make, model, and color of the other vehicle
The license plate number of the other vehicle
Statements and contact information from any witnesses including any passengers in either vehicle.
If you have a cell phone, take photos of the accident scene and both (or all) vehicles. Taking photos while the cars are still in their original positions if possible is best. Otherwise, take photos of the damage to each car, the road and any other pertinent items that may have been a part of the accident.
If you have a dashcam, be sure to save any footage of the accident so you can share it with your insurance company and your lawyer. Photos are especially important if the other driver does not admit responsibility to the police or their insurer.
If you are able, try to write down the date and time of the accident, the road you were traveling on, which direction you were going, and where you were going to and coming from. Also the weather at the time of the accident.
All the evidence gathered at the scene will be extremely helpful to your lawyer as they build your case and may help to determine the cause of the accident.
Do not trust your insurer. It does not matter how well you know your insurance agent or how friendly or accommodating they may seem; they are not looking out for your best interests in this situation. Insurance companies are incentivized to reduce the amount of compensation their clients receive.
Do not sign anything from your insurer until you consult with a personal injury attorney.
In some cases, insurers may track you after the accident, hoping to find a reason to reduce your compensation. Be extra careful when speaking to them or to anyone about your accident. And never share anything about your accident or case on social media (Facebook, Twitter, Instagram, etc.).
If you or someone you know needs legal advice after a car accident, our lawyers at the Solomon Law Group are ready to help. Our boutique law firm gives your personal injury case the time and attention it needs. We offer individual compassionate and aggressive attention to every case to get our clients fair compensation even when there are preexisting conditions or complications.
Call us at 540-678-0569 to make a free consultation appointment and check out our website at www.marilynsolomonlaw.com.
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