WHAT TO DO AFTER A CAR ACCIDENT

Kamper & Simmons, LLP

1.       Don’t Admit Fault

Immediately after the accident, get out of your vehicle if it is safe to do so. Check to make sure that no one in your vehicle or the other vehicles is hurt. Call the police and never agree to “take care of this without calling the police”. Saying you are sorry may be seen as an admission of fault. You are required to exchange basic insurance information such as your insurance company’s name and policy number.  You should never discuss coverage’s or policy limits!

2.       Take Notes and Pictures

Once you call the police and they are on their way, you should talk to all of the witnesses to get their perspective on what they saw happen and then ask for their contact information. Take pictures of the accident and write down notes of everything as it may be useful for your case. Note the time, date, location, weather conditions, and any other factors that may have contributed to the accident. Stay on the scene until the police officer says you can leave.

3.       Get Medical Care

You might think that you feel fine immediately after an accident but you may not feel symptoms of an injury until days later. Pain, discomfort, dizziness, or numbness is common symptoms to watch out for. Getting immediate medical attention will make it easier to prove that your injury was caused by the accident. Take the ambulance and go to the hospital if you have any potential injury.  If you try to ignore symptoms at the scene they will definitely show up later with a vengeance.

4.       Call Your Insurance Agent

Call your insurance agent and ask about the time limits for filing a claim. If you plan on filing a claim, get the process started as early as possible.

5.       Contact a Personal Injury Attorney

If you’ve been injured because of the other driver’s carelessness, you should contact a personal injury attorney after seeking the necessary medical care.

6.       Schedule a Free Consultation

Most personal injury attorneys will offer a free consultation, so avoid attorneys who charge for just the initial meeting. Be prepared for your meeting by bringing all pertinent documents with you including medical records, police records, notes and pictures from the accident. From this meeting your attorney should be able to tell you if you have a valid claim against the other driver.

7.       Understand your Contract with your Attorney

Many personal injury attorneys are paid on a “contingency” basis, meaning they will not charge a fee unless you win your case. In this situation, your attorney will not get paid unless you get paid. If your case is successful and you are awarded monetary compensation, your attorney will most likely charge a fee at the end of the case of 25% to 40%. At the beginning of your case you will sign a contract that notes the specific percentage of the attorney fee, so there should not be any surprises.

8.       Investigation of the Accident

After a thorough investigation of your case, injury, damages and expenses, your attorney will contact the insurance company and possibly the attorney representing the other party. While you are continuing your medical treatment and going on with your daily life, your attorney will negotiate with the other party and keep you informed of each step.

9.       Settling Your Case

Many personal injury cases are settled before a lawsuit is even filed. This is especially true for car accident claims. Your attorney will keep you informed as to any monetary offers that are made by the other party. You will ultimately be able to decide on your own if you want to accept the offer, but your attorney will be there to give his or her legal advice.

10.   Taking your Case to Court

If a settlement cannot be reached, a lawsuit will be filed to take the case to court. Each phase of the lawsuit process will be scheduled out by the judge and can last months or even years. These phases include pretrial, mediation, and presenting your case in court.