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Heart pounding, hands trembling, you’ve just found yourself
in an accident caused by another party’s negligence.
Or, sadly, perhaps you are facing even more significant personal
injuries. What you do next could make all the difference in
your recovery journey, and seeking fair compensation if you or
someone you loved were injured. To assist you in this process,
we’ve compiled a list of recommended actions to take following
a car crash:
- Remember your ABCs: Assess, Be safe, and Call for
help. Although every accident is unique, evaluating
the severity of injuries and ensuring everyone’s safety should
be the first step. It is crucial to remain vigilant, as inattentive
drivers may cause further harm. Therefore, act swiftly to avoid any
additional danger. Then, call 911 immediately for help if
necessary.
- Get the medical care you need. In the
aftermath of a car accident, seeking medical care is an absolute
must. DON’T DELAY. It ensures the
proper treatment for any immediate injuries and protects you from
potential insurance denials down the road because of a delay or gap
in medical treatment.
Additionally, some injuries, such as certain types of head
trauma, aren’t always apparent right after an accident.
It’s important to stay vigilant for any symptoms that may arise
later on and to communicate all your problems to your medical
providers.
- Use Your Health Insurance. It’s easy
to assume that the other driver’s insurance should pay your
medical bills, but that won’t always happen in the short-term.
That’s why we advise our clients to use their health insurance
to cover their medical expenses. Doing so will prevent medical
bills from piling up while you wait for the at-fault insurance
company to pay out. Plus, using your health insurance immediately
gives you access to the medical care you need. This is particularly
true when it may be months—or in extreme cases,
years—before a personal injury case is resolved with the
at-fault driver’s insurance company and all damages are
paid.
- Report the Accident to the Appropriate Car Insurance
Companies. You’ll want to contact your insurance
company and the at-fault driver’s insurance company. While the
at-fault driver’s insurer is responsible for covering any
damages, your insurer could also have certain types of coverage
that could help you out, such as medical payments or uninsured
motorist (UIM) coverage.
Plus, if the other driver’s insurer is slow or unresponsive,
your insurer could cover your property damage without meaningfully
affecting your premium, since your insurance company will seek
reimbursement from the other driver’s insurance
company.
It is advisable not to agree to provide a “recorded
statement” to insurance companies regarding the accident’s
cause or disclose specifics about your injuries and medical
treatment before speaking to a lawyer. Instead, limit the
conversation to reporting the accident and initiating the process
of addressing the property damage claim. If you decide to hire a
personal injury attorney, they then can help communicate relevant
information to the insurance company, preventing any
misinterpretation or distortion of your statement.
It is essential to know that other insurance companies may be
involved in an accident, especially in cases where the at-fault
driver was driving someone else’s vehicle or was on the job. In
such situations, seeking the help of an experienced personal injury
attorney can prove crucial. They can identify additional sources of
insurance coverage, including additional liability policies or
underinsured motorist (UIM) coverage, which can be a significant
advantage. Thus, enlisting the services of an experienced personal
injury attorney can prove highly beneficial.
- Address Your Property Damage Claim. If
your injuries do not impede your driving ability, you will need a
vehicle. If your car has been totaled, a new one must be purchased.
Liability insurance typically will cover the costs if repairs
amount to less than 75% of the vehicle’s fair market value. If
substantial damage is sustained, but repairs are made, the
vehicle’s resale value may decrease, and insurance may also
cover this damage.
Individuals can typically handle property damage claims without
legal representation. Property damage claims can be resolved
without affecting personal injury claims. However, most personal
injury attorneys will assist with property damage claims at no
additional cost.
- Document everything. If you can do so
safely, take pictures of the accident scene, property damage, and
visible injuries. Additionally, it is important to document
insurance information, license plate numbers, and the name of the
attending law enforcement officer. This information will serve as
valuable resources for your personal injury attorney.
Retain all documents associated with your medical treatment,
including bills and initial records, as well as keep a record of
time missed from work and any out-of-pocket expenses incurred
because of the accident. These expenses should be compensable as
part of your claim. Engaging an attorney can aid in managing this
process. However, maintaining basic documentation of the events and
their effects on your life will prove beneficial.
- Speak to an attorney early. A skilled
personal injury lawyer can assist you in navigating the legal
system and safeguarding your rights. They can provide you with
answers to your questions, assess any potential claims you may have
against the other driver, and negotiate with insurance companies on
your behalf to make sure you receive appropriate compensation. If
needed, an experienced lawyer can file your case and represent you
in court, including a trial by jury.
Following these steps can help protect your legal rights and
ensure you receive proper care after a car accident caused by
someone else’s negligence. If you have any concerns regarding
your rights and responsibilities, contact an experienced personal
injury attorney as soon as possible, and we’re here to
help. Ward and Smith’s personal injury
attorneys can provide expert advice on your case, explain
all applicable laws, and represent you through every stage of
litigation. Our attorneys have extensive experience representing
injured clients in courtrooms throughout North Carolina and will
work hard to protect your rights. Call us today.
The article first appeared in Best Lawyers Personal Injury and Malpractice
Legal Guide.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Based in New York, Stephen Freeman is a Senior Editor at Trending Insurance News. Previously he has worked for Forbes and The Huffington Post. Steven is a graduate of Risk Management at the University of New York.