What Should I Do After Having A Car Accident?
The most important things are to get information from the other driver(s), identify the other vehicle(s), notify the police, and take photographs. Get the names, addresses, telephone numbers, driver’s license numbers, and insurance information from all the drivers involved in the accident.
Write down the license plate number and the make, model, and color of all the vehicles involved in the accident. Be polite and avoid discussing how the accident occurred or arguing over who is at fault with anyone involved.
Should I Wait For The Police To Arrive?
Yes. You don’t want to be criminally charged with a hit and run accident.
To facilitate the police investigation, try to leave all vehicles at their point of rest until the police arrive. This will allow the investigating officer to document what could ultimately be essential details about how the cars collided.
If it is unsafe to leave the vehicles where they are or it creates too much of a traffic block, move them to the nearest safety point. The police will probably interview each driver separately.
Should I Tell The Officer How The Accident Happened?
Yes. Make sure to give the officer as accurate and complete information as possible. Stick to the facts; don’t guess, speculate or assume things you don’t know.
Avoid insulting or disparaging the other driver, even if you believe their behavior in causing the accident was outrageous. It won’t make you look any better later on if your tirade winds up on the traffic collision report.
Even the safest drivers get into car accidents. That’s because even if you do the right things in the right way, you may still be unable to avoid legal problems.
What Are The Important Rules I Should Follow?
Remember to do the following:
- Never leave the scene of an accident. This includes minor accidents. In most states, leaving the scene is a crime if you were involved in the accident.
- Your chief concern should be the safety of yourself, your passengers, and the other injured parties.
- If you suffered minor injuries or none at all, safely drive your car to the side of the road. Try not to impede traffic. Keep your hazard lights on, and if you have flares, use them to alert other drivers of the accident.
- If your car accident is more severe or if anyone is hurt, it is advisable to leave the vehicles where they are and let the police do their job.
- Even if you don’t think you’ve been injured, be extremely cautious when exiting your vehicle. This is especially important if the accident occurred on the freeway or a heavily trafficked commercial street.
What Should I Do After A Car Accident?
Consider and remember these important tips:
- Assist any injured persons by calling an ambulance.
- Get the names and addresses of all the passengers and witnesses.
- Do your best to note the circumstances surrounding the accident, but make no comments about the accident, admit nothing, and sign nothing.
- Go see your doctor or visit an urgent care center. You may not feel pain after the accident, but some injuries surface a few days later.
- It’s a medical fact that sustaining serious head or spinal injuries is possible even from a minor impact.
- If you notice symptoms like pain or a tingling sensation moving down your arms or legs, you might have injured your spine by rupturing a disc. This is very dangerous. You likely will need to have an MRI of your spine.
- Take the time to consult online with a personal injury attorney.
I Was Rear-Ended. What Types Of Damages Can I Claim?
Damages depend on many different factors
There are several different types of damages available to you. The real question is whether the other driver carried sufficient insurance liability limits and, if not, whether you have adequate uninsured/underinsured motorist insurance to cover your damages and claims.
Generally, there are three categories of compensable damages in these types of accidents you may be entitled to recover in your situation: special, also called economic damages, general damages, and punitive damages.
What Are Economic Damages?
In many states economic damages are also called “special damages”
Economic damages include but are not limited to compensation for all reasonably necessary past and future medical bills, related medical care, and treatment, including prescription drugs, therapy, home nursing, and counseling.
Also included, should you be the vehicle owner, you would be entitled to compensation for damages to repair or replace your vehicle, also known as vehicular property damage.
Under a property damage claim, and assuming your vehicle was totaled, you would be legally entitled to recover an amount equaling your vehicle’s fair market value just before the accident occurred.
Any content in the vehicle that was damaged or destroyed resulting from the accident would also be recoverable. If your car was not counted in the accident, then you could claim the total repair cost.
You may have a very significant past and future income claim. You are entitled to recover all prior lost pay (including tips) from being out of work per your doctor’s recommendations while recovering from your accident.
In addition, because you suffered a severe injury, you may have physical limitations now that prevent you from performing your type of regular work in the future.
In such cases, lawyers will retain a vocational rehabilitation expert to make that determination. If it turns out that you are unable to continue your current occupation, you would be entitled to compensation for vocational retraining to enter a new vocation.
What Are General Damages?
Pain and suffering
General damages compensate for all past and future pain and emotional suffering you had and will experience as a legal result of your accident.
This is the most challenging part of your claim to prove and is always a point of significant contention at the time of settlement.
Insurance industry adjusters will attempt to claim you are entitled to an amount equaling no more than two-to-three times your medical specials.
You should not accept this as a fixed formula – especially if you have suffered serious injuries. This is the insurance adjuster’s way of limiting the amount of your recovery.
Most adjusters will admit that being injured by a drunk driver is a case of aggravated liability. But they might also claim the insurance company does not cover punitive damages. This should not overly concern you since your lawyer can always dismiss the punitive damage claim after the defendant testifies at trial so the jury is well aware of the defendant’s reckless conduct.
This leads us to the issue of punitive damages, the third and final aspect of your potential damage claim.
What Are Punitive Damages?
Punishing the defendant and dissuading others from doing the same
This is a very tricky area of the law. Punitive damages are intended to punish and make an example of the defendant intentionally placing himself and others dangerously and recklessly.
Most courts require you to prove the defendant acted with malice. The courts also require that punitive damage awards bear some reasonable relationship to the severity of the injuries you have suffered and will likely suffer in the future due to the defendant’s conduct.
Since a drunk driver hit you, your lawyer may wish to make the case that the defendant, by voluntarily consuming excessive amounts of alcohol and drugs, acted with reckless disregard for the rights and safety of other motorists and therefore demonstrated the intentional state of malice – a necessary element to the proving punitive damages.
Are Punitive Damages Hard To Prove?
Yes, very. You need to know that punitive damages are complicated to prove. Courts are notorious for reducing them post-verdict or not allowing the plaintiff to plead or prove them during the trial.
Also, the defendant’s insurance company may choose to represent the defendant under a reservation of rights. Since insurance companies do not cover intentional or malicious acts committed by their insured, your lawyer may be risking invalidating the defendant’s coverage by alleging and proving such conduct.
Unless the defendant is wealthy, you may not be able to recover anything without the defendant’s insurance coverage. So be careful here and let your lawyer guide you through this risky area.
Will I Recover All My Damages?
Recovery of damages depends on many different factors
Just because you understand some of the basics of damages, you need to consider the reality of recovering them. That will depend on the number of liability limits of the defendant and your insurance coverage.
The sad truth is that your damages may exceed the available insurance limits of the defendant’s insurance. If so, you will need to depend on your uninsured-underinsured motorist coverage.
Hopefully, your own UMI limits will be sufficient. If not, it is always a good idea to ask your lawyer to perform an asset search on the defendant to determine whether it is financially feasible to recover against the defendant personally.
Should I Take Pictures of The Accident?
Yes, but make sure it’s safe to do so
If you are in a car accident, photographs of your vehicle and the other vehicles involved may provide necessary evidence of the severity of the impact and how the accident happened.
Take pictures of the vehicles involved in the accident and where they came to rest after the collision. If any of the cars struck other objects, take photos of those as well.
Should there be a dispute over who caused the accident, an expert can be retained by your expert by reviewing the photographs to determine how the collision occurred.
Also, photographing the vehicles may be the best evidence of the impact’s severity and your injuries.
More reasons for taking photos:
- Just because you suffered no visible injuries from the accident, which is typical in internal injury cases, without pictures, the other driver’s insurance company may argue that the collision was not hard enough to cause internal injuries.
- It is not usual to see a car involved in the same accident not sustain significant damage while another shows signs of crushing-type damage.
- Photographs showing the nature of the damage to the vehicles involved can help establish your case.
- If you suffer visible injuries such as abrasions, lacerations, or bruises, have someone take pictures that show these.
- Photographs showing how your injuries looked in the hours after the accident can be more persuasive evidence of the true impact of your injuries, including as well as the extent of your pain and suffering.
Are Motorcycle Accident Cases Different?
Operating a motorcycle is far more dangerous
Most experts agree that there are over 25 times more deaths arising from motorcycle collisions than from car accidents per mile traveled.
Injuries from motorcycle accidents are usually three times more severe than from car accidents.
Injuries usually include severe lacerations, cutting, scraping, broken bones, and brain trauma. If you have no insurance, your medical care will be performed by county facilities, and medication will be a significant cost factor.
Accident dynamics unique to motorcycles
While motorcycle accidents are similar to those covering other types of motor vehicle accidents, they are often so unique that it is essential to be represented by a personal injury lawyer familiar with these types of cases.
You will also want your lawyer to retain a motorcycle accident construction expert.
The single most dangerous motorcyclist situation occurs when a vehicle makes a left-hand turn crossing the motorcycle’s direction of travel.
Another frequent cause of motorcycle accidents is lane splitting which occurs when a motorcycle drives between two lanes of slowly moving traffic, usually in traffic jams, and then gets clipped by a driver who failed to notice the motorcycle moving between the lane.
Suppose you talk to an insurance company representative before you know your rights. In that case, you may unwittingly say, do, or sign something that would jeopardize your case.
This brings us to our final topic – understanding the motives and mindsets of insurance adjusters.
What Is The Role of Insurance Claims Adjusters?
The adjuster’s role is to minimize the economic value of your claim
Insurance claims departments comprise adjusters, investigators, and defense lawyers. Their collective goal is to settle your claim for as little as possible.
As a result, insurance companies have been the target of accusations of engaging in unfair and illegal claims practices. Many such changes have led to government investigations and fines against insurance companies.
Should I Speak With A Lawyer Before Speaking With The Claims Adjuster?
A personal injury attorney protects your legal interests
Other than informing your insurance company that you have been in an accident, do not go into the details of how the accident happened or the extent of your injuries without first consulting with a personal injury attorney.
This includes your own insurance company adjuster or the other side’s adjuster. Under the law, you are not required to give a recorded or signed statement. Chances are, doing so will only damage your case.
Giving a statement only if your attorney is present
Your insurance adjuster has the contractual right to determine how the accident happened. However, they do not have the right to tape-record you or have you sign a sworn statement without your permission.
Such a statement will be tried to be used against you in order to reduce the value of your case.
The less you say, the better
Notwithstanding, should you wish to speak to the adjuster, try to be as brief as possible, do not guess in response to the adjuster’s questions, and when asked about your injuries, kindly refer the adjuster to check your medical records and bills, and that you are not qualified to provide medical opinions your current injuries or your past conditions.
Adjusters are expert negotiators and are rewarded for settling claims at the lowest amount possible.
Adjusters are professional negotiators and likely have handled many hundreds of claims. Many factors determine how adjusters process all the information resulting from an accident. These factors aid the adjuster in arriving at a settlement range.
Your attorney can insulate you from claim adjuster tactics and instead present your case in the best light possible and, in the process, maximize the value of your claim to the fullest extent possible.
When you are represented by counsel, your lawyer will not accept a lowball offer from the adjuster. Instead, your lawyer will choose litigation which the adjuster knows will cost the company much more money and will likely result in a much higher settlement.
Any Final Thoughts And Advice?
Your health and well-being must be your first priority
After the accident, make your physical and emotional well-being your first priority. If you are in pain or feel stiffness around your neck, shoulders, or back you should not wait to visit a doctor but seek medical care immediately.
It is common, even in low-speed car collisions, depending on your body’s position at impact.
The forces generated from the collision can result in moderate to severe pain and restrict your lateral neck motion for weeks, if not months.
Personal Injury Lawyers
If you have questions or require additional information about your legal rights and obligations, consult a verified Personal Injury Lawyer as soon as possible.
