Being involved in a car accident is a scary and sometimes life-altering event. The car accident may bring about physical pain and emotional suffering. During the aftermath of the accident, it may be difficult to even think about dealing with insurance companies or lawyers – partly because of the uncertainty involved with dealing with a process that many individuals are dealing with for the first time. This blog post is guided toward providing a beneficial resource for those dealing with the aftermath of an automobile accident. We hope that it helps.
So, you were involved in a car accident? What’s next?
Immediately following the accident, prioritize health and safety of yourself and those around you. Move your vehicle to a safe location, if possible. Turn your hazard lights on to make your car more visible to others. Check for injuries. Call 911. Always report the accident to the police. It is important to obtain an accident report for insurance claims. If there are injuries at the scene, request an ambulance.
Once the scene of the accident has been secured and first responders are present, you will likely report your accounting of the accident to a police officer. Your statements to the police officer will aid the officer in completing an accident report. The accident report is oftentimes the most important document for insurance companies in deciding fault for the accident. In order to bolster your evidence of the accident, take pictures of the scene if you can. In addition, obtain contact information for any witnesses.
Once you are able, report the accident to your insurance company, even if you are not at fault. Your insurance company will provide guidance as to next steps and may be able to communicate with the other driver’s insurance company. In addition, your insurance company may offer to provide you with a rental car if your car was rendered undrivable.
In the days following the accident, you should obtain any and all medical treatment that you feel is necessary. If you are in pain, report the pain to a medical professional. This could be your primary care physician, an urgent care physician, an ER physician, or some sort of specialist. It is important to note the difficulty in obtaining compensation for pain and suffering that you did not seek medical treatment for.
You may be contacted by the other driver’s insurance company in the days following the accident. They could request to take a recorded statement during which they will ask you to explain your accounting of the car accident and any injuries that you may have. It is important to be consistent with your accounting of the accident. Your statements can be used against you! At this stage, the other driver’s insurance company may make a determination of fault for the car accident. Unless it is clear that you caused the accident, do not assume that you are not entitled to some sort of compensation from the other driver’s insurance. If you feel that you are not at-fault for the accident and you are denied compensation, it could be time to seek legal representation. If the fault for the accident is attributed to the other driver, continue reading.
In some circumstances, insurance companies will look to quickly settle your claims stemming from a car accident. It is imperative that you know what claims you have! Generally, claims can be categorized as property damage claims and bodily injury claims. Property damage claims are more apt to be settled quickly, especially if your car is a total loss. Pending a resolution of a total loss claim, you should be provided with a rental car. If your car is not a total loss, you should be provided with a rental car until your car is repaired and drivable. If your car is damaged but is not a total loss, you likely have a diminished value claim. This is measured by the loss of value of your vehicle due to the accident after the repairs. The at-fault driver’s insurance company may obtain an independent appraisal to determine diminished value.
As far as your bodily injury claim is concerned, your damages are often based on your medical expenses. There is no set formula for determining what damages you are entitled to. Ultimately, it would likely be up to a jury of your peers to determine the amount of damages you are entitled to. It would be wise to at least consult with an attorney prior to accepting a settlement for your bodily injury claim, especially if you sustained significant injuries.
It is impossible to explain all of the variations that could occur with a car accident claim in one blog post, but we are hopeful that this provides a helpful framework. We are happy to provide free consultations for personal injury matters. Please feel free to give us a call at (910) 893-5111.
01/07/2025 – Brian R. Taylor