A car accident is something that can happen unexpectedly. It is easy to lose track of what needs to be done after an auto accident because of the chaotic nature of the situation. If you are involved in a car accident, you need to know what actions to take after the incident to increase your chances of receiving compensation. If you've been involved in a California car accident, this blog will walk you through the steps you need to take next.
Remain at the Accident Scene
It's crucial to remain where you are regardless of whether the damage is minimal, if nobody was hurt when, or if you crashed into a parked car. If you caused the accident and then fled the scene, you could face criminal charges for your actions.
If necessary and practicable, move your car to a secure spot off the roadway. If your car's emergency flashers are in good working order, make sure to turn them on. Additionally, leave the site in its current condition to allow law enforcement to conduct their investigation.
If the accident only resulted in cosmetic damages to your car, for example, if you hit small chunks of debris, you can proceed with your journey. If you wish to make an insurance claim, you could choose to report the incident to the authorities in your jurisdiction.
Protect Yourself
If you must exit the vehicle, do so only when it is completely safe to do so. Turn on the emergency lights. When the accident takes place on a busy highway or in another unsafe location, stay inside your vehicle and shut all the doors.
Check for Any Injuries
Although cars hold a special place in their owner's hearts and are often their primary means of getting to and from their workplaces, the physical damages to a car (and the repair bills that follow) shouldn't be anybody's top concern. Finding out if anyone is hurt is the most crucial thing to do following a car accident.
In light of this, it's necessary to keep in mind that many auto accident injuries, for example, whiplash or concussions, might not show symptoms right away. In the minutes following an auto accident, you might not be conscious of the extent of your injuries. The first thing that needs to be done is rather obvious for visible physical injuries. Dial 911 right away.
Do what you can to help injured people while emergency personnel are on their way. However, unless it is extremely necessary, you should avoid attempting to move a wounded victim following an accident (for example, an injured car occupant in the way of traffic on an expressway where the cars cannot stop).
Notify the Police
After a vehicle accident, it's always a good idea to call the authorities. If this was not already taken care of by calling 911 in the previous stage, the next step is to get in touch with the local police or sheriff's department. This should be done by cell phone to avoid leaving the scene.
Signaling another driver for help reporting an accident is a good alternative to calling for help if you are in an area with poor cell phone reception, for example, a country road. Nobody should depart from the scene unless necessary; for example, if someone is at risk of dying if they do not receive immediate medical attention.
Do not make any attempts to tidy up the scene. Even well-intentioned actions like clearing the road of debris could be construed as interfering with evidence should the accident lead to a court case.
Obtain Information About the Parties Involved
Whenever you are in an auto accident, no matter how minor, you must collect the information of all motorists involved, including their names, contact information, addresses, and driving licenses. Every one of the aforementioned details should be collected from all drivers involved, regardless of how many vehicles were implicated in the collision.
Failure to obtain this information during a multi-car incident can be damaging to any subsequent personal injury lawsuit you could wish to make to obtain monetary compensation for losses like medical costs, physical damage to the vehicle, loss of income, etc.
Take Pictures of the Scene
When it comes to auto insurance and collisions, California mandates that the negligent party pays for the damages and losses incurred in the accident. If another individual was at fault for the accident, their insurance company could be able to reimburse you for the losses as well as any medical expenses. If you can show that the defendant was negligent, you have a much higher likelihood of winning your case. For this reason, it's crucial to immediately secure any relevant evidence.
Collect Vehicle Identification Details
Next, record the vehicle identification numbers (VINs), registration information, and license plate numbers of all involved vehicles. To confirm the accuracy of the information, make sure to request to see hard copies of the vehicle's registration or VINs. Normally, a vehicle's VINs can be seen from the outside.
The vehicle identification number (VIN) plate is often found on the driver's side dashboard's bottom left corner. If you are standing on the driver's side and look through the windscreen, you can easily see the vehicle identification number (VIN).
Collect the Contact Details of Any Eyewitnesses
Witness testimony is often a key component in establishing liability in civil personal injury cases. Make sure you gather everyone's contact information, including that of eyewitnesses and fellow passengers. Taking a shot of an eyewitness's driver's license is a quick and easy way to get that person's contact details. Make sure to verify that the details on their license are accurate and up to date.
Collect Video and Photographic Evidence From the Scene of the Accident
To receive compensatory damages in this instance, the counsel for the injured party should demonstrate culpability or negligence. The ability to unequivocally establish not just who was to blame but also how much blame that person bears is among the most crucial components of establishing a case.
Take photographs of any damages to automobiles, property, or physical injuries on individuals to help strengthen your case. Take videos and photos of the scene of the accident (things like traffic lights, skid marks, street signs, and shattered glass, among other things), and then make sure to transfer a backup of those media files to a cloud storage service so that you have a backup in case your phone gets lost.
If you've already hired a lawyer to help you with the car accident case, you can hand over all evidence you've collected to them. If you have any images or recordings of the accident scene, please keep them to yourself and show them only to your lawyer. Never share videos or images of the accident scene or your injuries on any social media platform. Such posts can irreparably damage the personal injury case.
Get Medical Attention
It doesn't matter if you think you're hurt or not, you should get checked out by a doctor following an accident. Some injuries take time to become noticeable. You must get an assessment by a trained medical practitioner to establish if you require further treatment.
You should make it clear that you want to visit a doctor if you don't want to ride in an ambulance to the hospital. Visiting a doctor soon after an injury will increase the likelihood that you will be awarded compensation in the future.
Insurance companies could reject a claim if you wait weeks or days before seeking medical attention after experiencing injury symptoms. They could allege that you haven't provided proof that the injuries resulted from the accident. They could also contend that you did not attempt to reduce your losses.
File a Police Report
When law enforcement officers arrive, you should respond to their questions openly and honestly while maintaining your composure. Do not offer any additional details or make any attempts to evaluate the accident that go beyond the facts that you already know. Neither should you accept responsibility nor shift blame to someone else. These issues will be litigated in the future process, not in the current police report.
When there is no evidence of drinking, drugs, or significant injuries, the law enforcers could occasionally decline to file a report. However, keep in mind that even if you don't instantly feel any pain, it's likely that an adrenaline rush is hindering you from noticing your injuries. You should request that the police file a report, record the statements of all parties involved, and record their contacts and personal information.
If you've been given a copy of the report, check its details for accuracy as soon as possible. If you find an issue with any part of the report, head to the police station and ask that it be updated to reflect accurate information.
It is also a great idea to note down the badge number, name, and position held by each police officer you engage with. It could be daunting to request this information, but you're entitled to it. Before you're allowed to leave, you will be issued a reference number for the police report.
Leave Behind a Written Note, if Possible
If the owner of the damaged vehicle isn't there when the collision occurs, leave a note behind with your address and contact information. This issue often occurs in minor auto accidents and parking lot collisions if the driver of the other car is not present.
Get in Touch With an Experienced and Qualified Car Accident Lawyer
If a victim represents themselves, their chances of receiving financial compensation are lower, and if they do, their chances of receiving compensatory damages are substantially lower compared to those of victims who engaged a private lawyer.
If you are unable to settle your medical expenses, an expert attorney could be able to assist you in locating a physician who would consider a medical lien. Your attorney can also prepare a letter of insurance demand that will probably result in a settlement agreement that could pay for:
- Damage to property, such as the cost of replacing or repairing the car.
- Current and upcoming medical costs.
- Costs associated with burial and funeral services.
- Lost earnings and work opportunities, current, and future.
- Accommodations for disabilities.
- Pain and suffering, as well as reduced quality of life, loss of relationships, damage to one's reputation, as well as other "non-economic damages" that are difficult to calculate.
Economic damages can be evaluated using bills, receipts, body shop estimates, and so on. Keep in mind that punitive damages only apply if the matter goes to court and is not settled.
A skilled California injury attorney is also familiar with the insurance industry's techniques and is knowledgeable about the insurance code. To ensure that you receive the best compensation possible, your attorney can relieve you of the hassle of dealing with both your own and the opposing party's adjuster(s).
If your family member or close friend passed away in a car crash, you could be eligible to claim compensation for the loss of support and burial expenses.
Reach Out To The Insurance Provider with the Help of Your Attorney
Injury victims of automobile accidents are often exploited by formidable auto insurance companies if they are not represented by an experienced personal injury lawyer. When the insurance provider learns that you have retained a private lawyer, they are aware that the playing field has been abruptly leveled. The ninth step is to inform your insurance company about your accident with the assistance of a DLG lawyer.
Never sign anything or provide a recorded statement to anyone without first seeking legal advice,
You must get in touch with your insurance provider right away following the collision to provide them with the specifics of the incident. Make sure you've consulted with your accident lawyer before making this contact to ensure that you're providing all the essential paperwork and the full and pertinent details of the accident.
You should make sure that your lawyer is the first person you speak to if the insurance company from the other side calls. Don't record anything and avoid giving the opposition any information. All of this is possible with your advice. Although the insurance adjustor may appear kind, their objective is to gather evidence to use against your claim and minimize any amount owed to you.
How a Lawyer Can Assist You With Your Car Accident Case
If you have been hurt in a vehicle accident, you could be curious to know how a lawyer can assist you. Although much relies on the circumstances and intricacy of your vehicle accident claim, in general, an attorney can:
- Talk to the other motorist's insurance provider. In personal injury cases, your attorney will initiate contact with the insurance provider for the opposing party (or other parties) involved. Since the adjuster controls the purse strings, a plaintiff's attorney must have open lines of communication and a positive working partnership with the insurance adjuster.
- Collect the required evidence to determine who was responsible for the collision. A competent attorney can assist you in gathering all the documentation required to establish liability in a vehicle accident lawsuit.
- The attorney will see to it that all accidents, as well as police reports, are obtained, and he or she will contact the witnesses and investigating officers. Any competent attorney will investigate every possible avenue to establish fault.
- Organize your medical bills and records.
- Get in touch with the medical facilities you visited to recover any lost records. You should have your doctors provide you with the necessary medical records to support your claim for damages.
- Gather and present proof to show fault and damages.
- Handle negotiations with your claim's lien holders (for example workers' compensation, disability, or health insurers) to perhaps lower the sum of the liens, and
- Negotiate an acceptable deal with the adjuster.
When Is It Appropriate For Me To Handle My Car Accident Claim?
You can undoubtedly handle your automobile accident claim if your injuries weren't too severe, you feel confident obtaining the required information and documentation, and—most importantly—you're prepared and willing to enter into settlement negotiations. However, there is no replacement for the assistance of a competent legal professional.
Find a Car Accident Attorney Near Me
Handling insurance matters following a car accident could be extremely stressful, but having an experienced lawyer on your side could make this challenging matter much simpler to handle. Our attorneys at the Los Angeles Car Accident Attorney have years of expertise guiding clients through their auto accident claims and are aware of the typical inconveniences that come with filing an insurance claim.
If you were involved in an automobile accident recently that was another party's fault, you do have the right to seek compensation from the at-fault driver. In addition to assisting you with the insurance claim, our firm can also help you determine the damages that would be available in your personal injury case. Contact us right away to learn more about our legal services and what we can do to help in your recovery following an accident. Call us today at 424-237-3600.
