If you get in a car accident, it might traumatize you. No one expects a car crash to happen, and in the moments right after, you might not be sure about what to do. However, there’s a protocol you should follow, particularly if you hope to see a cash settlement or you need to bring a lawsuit against the other driver.
Most people don’t think about car accidents as a potential payday, but the reality is that money will change hands. You must determine whether you were at fault or the other driver was. If the crash was clearly the other driver’s fault, you can probably collect money from their insurance company and possibly additional cash from them as well if they did something egregious.
Let’s look at the steps you should take after an accident if you’re going to collect the proper financial compensation.
Talk to the Police
After the accident, don’t ever leave the scene. Instead, wait for the police. You can call them if you have a smartphone handy, or maybe someone else will report the crash.
When the police arrive, you can tell them what happened. In some states, you must file a more formal accident report. For instance, in Texas, if you’re in an accident where there are injuries or more than $1,000 in damage, you must file a law enforcement accident report.
You can refer back to that report later if you end up pursuing a lawsuit against the other driver. Make sure, to tell the truth when talking to the police and omit no details. Also, don’t admit wrongdoing when you speak to the authorities, or that statement might hurt you later.
Document the Crash Site
If you can, try to take pictures or video of the crash site. You might take pictures of any weather conditions, skid marks, the responding officers and their badge numbers, the other driver’s license plate, and anything else you think will come in handy later.
If the other driver disputes what happened, you can use this photographic evidence. If there are any businesses nearby, they might have crash surveillance footage, and you can subpoena them later if it comes to that.
Seek Medical Attention
Seeing a doctor will be the next logical move. Maybe you feel okay right after the crash, but remember that your adrenaline is likely flowing, and you might have injuries that only surface later.
If you see a doctor or another medical professional, they can document any injuries. You can use that later if you have to take the other driver to court.
If you have to spend any money on medication, physical therapy, surgeries, or anything else after the crash, document all of that as well. You can try to get the other driver to reimburse you for those bills if you do end up using them.
Talk to Your Insurance Provider
Once you’re home after the crash, you’ll need to call your insurance provider. Don’t delay in talking to them.
When you do, stick to the facts. Don’t guess about whose fault it was or provide a lot of extraneous details. The simpler and more direct your story is, the better it will be for you.
If you talk about whose fault it might have been, the other driver’s lawyer might demand to hear that statement later. Insurance providers record accident statements. You can accidentally hurt your case if you mention thinking what happened was your fault, even if it later turns out not to be.
Get a Great Lawyer
The last step will be contacting an attorney and running down what happened. If you tell the lawyer what occurred, and they feel like you have a lawsuit on your hands based on that statement, you might decide to move forward.
Most people don’t like suing others, and often, you won’t have to. You may need to, though, if the other driver’s insurance tries to short-change you. Even if they acknowledge that what happened was at least partly the other driver’s fault, they may try to claim you caused the accident partially as well.
If so, they might not give you enough money to cover your lost wages, medical expenses, etc. They might not give you enough to cover your pain and suffering, either.
You shouldn’t look at a car accident as a payday in the making, but you should still get whatever money the other driver and their insurance company owes you.
