The aftermath of a car accident can be devastating. You may feel guilty and upset about what just happened, and you may not know what to do next.
This post will give you 16 things to do after an accident that was your fault to make the situation easier on yourself!
1. Call any tow truck and get your car towed to a body shop
Tell the driver not to haul it away until you’re ready because hauling it away will cause further damage, increasing your expenses. Do not sign any documents from the tow truck company – just take down the number on their card and tell them to bill you directly.
In most states, if you have comprehensive coverage on your insurance policy, the deductible applies regardless of who was at fault for causing the accident or whether you were being pursued by an armed gunman at the time of the collision.
If you don’t have comprehensive coverage, ask about filing a claim with your own insurer later for reimbursement after everything has been sorted out with the other guys’ insurer.
Alternatively, call your car insurance company and ask them to assign you a claim number.
2. Call the police department located nearest the accident scene and file an accident report
There is no need to file a mysterious “accident report” if it wasn’t your fault, but if you were involved in an accident that was clearly your fault – or even partially your fault – then go ahead and file one. Your insurance company will thank you later (or at least they ought to).
Bear in mind that this may delay any potential court proceedings by several weeks. However, the legal system does not always protect responsible drivers who were unfortunate enough to have been involved in an accident with a clearly negligent driver. By filing an accident report, you are attempting to level the playing field.
If you have an active cell phone, this should be simple enough to find online even without knowing the exact addresses of either party involved in the collision.
Here is where things begin to get complicated because, depending on the circumstances surrounding your accident, several different types of reports can be filed with local law enforcement.
These reports will be submitted to either your or the other driver’s insurer as part of their respective claims process:
- Traffic accident report (this typically needs to be filed with the police only if property damage is over $500)
- Incident report (for involving significant injuries or fatalities)
- Driver’s license and vehicle registration information
- Suspect description (if you believe the other driver intentionally ran into you), etc.
The police officer on the scene of an accident has discretion as to whether or not any of these reports need to be filed, but it never hurts to ask.
3. Exchange information with the other driver who was involved in the accident
You should exchange contact information – full name, address, telephone number (any local area code), driver’s license number and driver’s license state/province of issue, vehicle registration number(s), and insurance company name and policy number – as well as details about what happened during the accident.
4. If possible, obtain contact information for witnesses who saw what happened
They can file separate police reports if necessary down the road. Witnesses are also helpful in that their statements can help bolster your case with your insurance company later on, should litigation become necessary.
Do some basic research before calling them so you can find out more about them than just their name and phone number – things like how long they’ve lived at their current address, job history, criminal/court records, and so on.
5. Be honest about the accident
Don’t try to wiggle your way by blaming the other person for driving badly or speeding if that wasn’t actually the case. If you did something wrong, admit it and move on with your life.
You may be given a traffic ticket at some point, but that’s not going to change what happened during the accident and how the insurance companies will treat each driver’s claim.
6. Take photographs of both cars
Of course, this is not possible in all accidents, but if you have a camera with you, document the scene as much as you can before emergency responders arrive or while their attention is elsewhere (e.g., attending to injuries).
Your photos should show both cars’ exteriors, their interiors (with the occupants unharmed), vehicle damage, skid marks on the road, etc. Do not proceed north or south on a one-way street.
7. Call your insurance company and ask them to assign you a claim number, then file the necessary reports with them and provide any additional information they request of you regarding the accident
Ask which insurance adjuster is assigned to your case, give them the name, address, phone number of all parties involved in the collision (including any witnesses) along with their policy information (license plate number(s), vehicle identification number(s), names on policies).
Tell them where your car is located so that they can dispatch an appraiser to go look at it for damage estimates.
This way, if everything goes smoothly at this stage of things and both claims can be settled quickly without needing to involve your respective lawyers, you’ll be able to get a check from the other insurance company promptly and use it for getting your car repaired.
8. Consult an accident attorney
This might be advisable if the other driver was at fault. Significant injuries, vehicle damage, or other extenuating circumstances might affect the outcome of the claim (e.g., multiple people injured, property damage).
Suppose the other insurance adjuster isn’t being responsive or cooperative, or you believe you have a strong case involving severe injuries or fatalities resulting from your accident. In that case, it is time to contact a personal injury lawyer who can help navigate things with the other insurer and ensure that reparations are made in a timely fashion.
In every state in America, there is something known as “statutes of limitations,” which govern how long someone has to file a lawsuit after sustaining an injury or property damage stemming from an accident in which they were at fault.
For example, in California, the statute of limitations on injuries resulting from a car accident is two years from the date of injury. Make sure you give your attorney as much information as possible about the accident and what happened so they can better represent you in court should litigation become necessary.
If nothing else, speaking with an experienced personal injury attorney can help provide peace of mind that you’re doing all you can to protect yourself after being involved in a motor vehicle accident.
Remember: don’t sign anything without speaking with a lawyer first!
9. Contact your automobile or home insurance provider
This depends on whether you were driving someone else’s vehicle at the time of the accident (and therefore need that person’s permission), but if possible, contact any other insurance providers you have, such as your homeowners’ insurance company. This is important if the vehicle was damaged or totaled or if you need to arrange for a rental car.
10. Have a doctor examine you!
Even if the accident did not cause any apparent injuries, it’s still possible that you sustained some internal damage without realizing it.
Don’t take a chance with your health – see a doctor right away even if you don’t feel “hurt” at all!
11. Keep good records
Make copies of any documents (accident report, doctor’s note, etc.) and store them safely.
12. Try not to re-injure yourself
If you were involved in a car accident that was your fault, then it is undoubtedly unwise to try and “press on” as if nothing happened. The psychological trauma of getting into an accident – even if the accident wasn’t your fault – will likely be significant enough to leave you with symptoms of post-traumatic stress disorder (PTSD).
Most people recover from PTSD within two weeks, but only about half of those who suffer from this condition ever seek professional treatment for it. This means that many drivers who are involved in accidents – whether it’s their fault or not – may continue driving afterward feeling anxious, sad, and depressed about what happened, with symptoms like intrusive thoughts, flashbacks, reliving the experience, being easily startled, or feeling detached from others.
These are just a few examples of many people who suffer from PTSD after an accident may feel. And often, it is only through seeking treatment with a psychologist – even several months after the fact – that they begin to feel better. The good news is that there are effective treatments for post-traumatic stress disorder with evidence-based psychological therapies.
13. You can still sue for pain and suffering if your claim is not successful
If you know anyone who was involved in a car accident, but their insurance company did not compensate them fairly, or at all, then please let them know that despite this unfortunate situation, they are entitled to pursue additional civil action against the negligent party to recover damages for their physical and/or emotional pain and suffering.
These damages are not limited to physical injuries. They include psychological conditions like anxiety or depression that may be directly related to the accident, mainly caused by another person’s negligence.
14. Know your legal rights
Insurance companies are businesses that exist for one purpose: to make money. Don’t let them take advantage of you!
15. If you decide to press charges against anyone else, then call a lawyer right away.
You mustn’t say anything about the case until your attorney reviews it – this includes making any statements recorded on video or audio, signing any documents, or disclosing any information regarding your claim. Speak with your lawyer to get specific instructions on how to proceed.
16. If you were injured, don’t act as nothing happened
It is perfectly understandable if you are hesitant to get back behind the wheel after an accident or collision caused by another person’s negligence or recklessness.
Remember: this is precisely why insurance exists (to compensate victims of accidents caused by others).
That being said, do not make any statements about whether or not you will continue driving until you speak with your attorney.
Follow these tips and remember: It’s always better to err on the side of caution when dealing with car accidents!
Takeaway
After an accident, it’s essential to take care of yourself, your health, and your safety. But you should also be aware that you need to take steps immediately after the event if the person who was injured or their family blames you for what happened.
If this is happening in New York City, contact us as your personal injury attorney. We can help ensure that all legal processes are followed. No one else has to suffer from any further injuries because of a negligent act committed by another individual.
This may seem like common sense but always make sure someone knows where you are going after something happens-so they know where to find you if anything goes wrong!