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A car accident can be a terrifying experience, especially if you have never been in a car accident before and do not know what to do next. At Arash Law, we have helped accident victims throughout California navigate the process of pursuing compensation for injuries resulting from a crash.
We have prepared this guide to help you know what to do and, more importantly, not do after a car accident. This material is for informational purposes only and is not legal advice. Our team has also compiled a list of frequently asked questions about car accident cases to help you address the issues that may arise following a collision.
If you would like to explore your legal options, call (888) 488-1391 or contact us online to schedule your free initial consultation.
Here are some essential things to do after a car accident occurs:
Get Medical Attention
Your priority after any car accident should be to seek immediate medical attention. Usually, this means calling 911 to have an ambulance come to the scene. Even if you are not sure if you are injured, it is crucial to let emergency medical technicians come to the scene to assess your injuries. They have tools, training, and equipment that enable them to identify injuries you may not be aware of.
It is also essential to check if anyone else has been injured in the accident, if you can do so. Other injury victims might not be able to call for help. They might need your assistance to get out of the vehicle or call 911. Check the scene for other injury victims if you can safely do so and if your body condition allows it.
Work With Law Enforcement On The Scene
When you call 911, the dispatcher will send law enforcement to the scene of the accident. It is crucial to have a law enforcement officer respond so that you can get an official police report of the accident. This report can be used as evidence in your case later on. It will also facilitate the exchange of critical insurance information.
Cooperate with the officer and answer relevant questions. They will ask for a statement about what happened to cause the accident. Unlike the insurance company, police departments are a third party that is considered neutral because they have no reason to protect one driver over the other. They are only interested in what caused the threat to public safety.
Get Photos & Video (If Safe)
An accident scene is not a safe place. It is critical to move out of oncoming traffic because secondary accidents sometimes occur when other drivers do not pay enough attention to the accident scene. Move to a safe place and stay there. Then, if the setting is safe, you can take photos and videos of the scene of the accident and any injuries and damages you have incurred.
Consult With A Personal Injury Lawyer
Once you have attended to your medical needs, consider seeking legal representation. Personal injury lawyers can evaluate your case and help you understand your legal options. Your ability to pursue compensation for your injuries may be affected by actions taken after the accident occurs. Even something you say in surprise at the scene of the accident could be used in evaluating your claim and determining liability. A lawyer can help you address any issues that may arise during the process, such as delays and denials of claims.
What NOT To Do After A Car Accident
Just as important as knowing what to do after an accident is knowing what NOT to do. The things you say and do at an accident scene can affect your ability to seek compensation. If you get injured in a crash, our car accident attorneys are ready to assist with your case. Here are some things that you should NOT do at the scene of an accident:
Do Not Admit Fault
It is easy to let something slip out in the chaotic aftermath of a frightening car accident. Many drivers accidentally say things like “I’m so sorry” or “this was all my fault.” It’s important to remember that any statements you make after a crash can affect the evaluation of your claim. Your attorney can help address issues that may arise during the process, such as disputes over liability and claims denial, and work to help establish that the other driver was at fault.
Do Not Discuss What Happened To Cause The Accident
Even if it is immediately apparent that the other driver caused the accident, it’s crucial not to discuss what happened with other people at the accident scene. The insurance company might use these statements in determining liability, which can affect their evaluation of your claim. It’s essential to discuss the accident only with the law enforcement officer (or officers) who responds to the scene. Their job is to make an objective police report that gives the facts about the accident. Avoid discussing the accident with the other driver; instead, focus on exchanging necessary information.
Do Not Confront The Other Driver
California is notorious for heavy traffic. This congestion can result in frustrated and cranky drivers, which can cause dangerous confrontations at an accident scene. There is no good to come from trying to blame the other driver or make him admit that he caused the accident. The insurance companies and lawyers will sort those issues out later.
FAQ About Car Accidents
Car accident victims are often not familiar with the claims process. If you don’t handle personal injury cases every day, you may not know how to file a claim, or what a fair settlement is in your case, or what to do if negotiations can’t reach an agreement. Learn more about the claims process from our experienced car accident lawyers. Here are some of the common questions about car accident cases:
How Do I File A Police Report?
The law enforcement officers who respond to the scene have the responsibility to file a police report about the incident. This report can be a helpful piece of evidence. You usually can not get a police report unless the officers respond to the scene. The officers will take your statement about what happened. While you should not discuss the accident with the other driver or bystanders on the scene, it’s essential to give your statement to the officers to be used in their official police report.
Where Should I Go For Medical Treatment?
If you need to leave the scene of the accident in an ambulance, do it! The emergency medical technicians will determine which hospital you will be taken to. From there, the emergency room doctors will give you information about following up with your primary care provider or other doctors as needed. If you do not feel it is necessary to leave the scene in an ambulance, it’s still important to see a doctor promptly.
How Do I Know If I Need Follow-Up Medical Care?
The first doctor you see, whether it is at an emergency department, an urgent care facility, or your primary care doctor, will make recommendations for follow-up care or ongoing medical treatment. Follow these recommendations closely. If you fail to follow your doctor’s orders, the insurance company might question the full extent of your injuries, which can affect their evaluation of your claim. You might need to have an extensive evaluation for complicated injuries in the brain or spinal cord. You might also need physical therapy or chiropractic care to reduce your pain.
How Do I File An Insurance Claim?
If you have an auto accident attorney, you can focus on your health and well-being while they handle the paperwork. Our lawyers for car accident claims will manage the legal process, including negotiations on your behalf. If you choose to handle your case without an attorney, you may have to call the insurance company to file your claim and handle the negotiation yourself.
What Should I Say To The Insurance Company?
Keep your communication to a minimum. Anything you say to the insurance company (even something as simple as “I’m feeling alright today”) could be considered during the claims process. Let all communication about the claim go through your attorney. If the insurance company does contact you, give them your attorney’s information.
What Type Of Lawyer Do I Need?
The right lawyer for your case will be someone who has experience with your particular circumstances. This experience includes both the type of accident and the type of injuries you have suffered. So if, for example, you suffered a traumatic brain injury after being hit by a truck, it’s important to find a lawyer who has experience with both truck accidents and those types of injuries. The truck accident lawyers at Arash Law have experience with many kinds of injuries and auto accidents.
What Happens If I Can’t Get A Fair Settlement Offer?
Initial settlement offers often do not reflect the full extent of your injuries and other losses. A car accident lawyer can review settlement offers on your behalf and work to present evidence to support the full value of your claim.
If an agreement cannot be reached in negotiations, your lawyer might recommend taking your case to court. In many cases, filing a lawsuit prompts the insurance company to reconsider its settlement offer. If the case proceeds, the parties will engage in the discovery process, which involves investigating the case to find evidence that is then exchanged. Evidence found in discovery can also affect settlement discussions.
Will I Have To Go To Court?
If your injury attorney files a lawsuit on your behalf, there is a chance that you might have to come to court. Before trial, there are status conferences to handle scheduling and other administrative matters. You usually will not have to speak at these conferences. If the attorneys disagree on the evidence that can be used at trial, the court might hold a hearing to determine whether the evidence can be admitted.
While this may sound overwhelming, it is essential to understand that very few personal injury cases ever go to trial. The vast majority of car accident cases in the United States settle outside of court. This fact makes it unlikely that you will have to go to court, but if you do, your attorney will thoroughly prepare you for what to expect and what will happen.
What Will It Cost Me To Hire A Lawyer?
Unlike criminal defense or divorce lawyers, who charge an hourly rate, most personal injury lawyers work on contingency. Working on contingency means that they will be paid an agreed-upon percentage of any eventual settlement. If your case doesn’t result in a settlement or a verdict, you won’t pay for attorney’s fees. If the attorney must file a lawsuit on your behalf, the work required on your case goes up dramatically. There will also be other case-related costs that will be charged separately, regardless of the outcome, so it is important to be clear on who will pay those fees if the case goes to trial.
The key thing to understand is that you can hire a personal injury lawyer with no upfront lawyer’s fees. Some injury victims do not get representation because they are worried about the cost. Without legal representation, it can be challenging to navigate the claims process while also focusing on your health. You might say something to the insurance company that may affect the determination of liability and evaluation of your claim.
Consult With Auto Accident Lawyers For Your California Injury Case
There is a lot to learn about car accidents. It can be challenging to handle an auto accident claim, especially while you are seeking treatment for serious injuries. Our accident lawyers at Arash Law provide comprehensive legal representation and clear guidance throughout the process, allowing you to focus on getting better.
We are ready to represent clients from Oxnard, San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California. Our auto accident attorneys have years of combined experience handling injury claims.
Call (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule your free initial consultation. Our lawyers for car accidents are committed to advocating for your rights and representing your interests, both in and out of court.
