When you are involved in a car accident, it is normal for confusion to take over. You were likely taken by surprise by something like a rear end collision or a side swipe, and you may be seriously injured. In this circumstance, it is easy to be unsure of what to do next. It may feel unnatural to get out of the car to handle the situation when all you want to do is avoid the situation. However, it is important to perform a number of steps to ensure your safety and protect your rights. Here is what you should do after a car accident:
1. Safety First
As the old adage says, you need to first check on yourself and determine the extent of your injuries. Check for broken bones or blood. You may not notice it right away as the adrenaline of the accident can mask the pain. However, you may be seriously injured depending on the severity of the impact and this step should not be overlooked. If you are seriously injured and cannot get out of the car, call paramedics to the scene so you get taken care of. Next, check where your car is now that everything has slowed down and ensure you are in a safe spot, away from oncoming traffic, to get out of the car and check for damages.
2. Call the Police
This step is important for a couple reasons. Possibly the most crucial reason for this step is to obtain a police report. If you would like, you should be able to obtain a copy of the police report the day of the accident. The report is useful to your attorney and can save time in starting your case. However, it is not necessary. Furthermore, the police will enable you and the driver who hit you to amicably and peacefully exchange information to make sure you get everything you need. Sometimes, even if the other driver is at fault, he or she may act irate out of frustration and having police there can act as a valuable form of mediation. They may also act as a witness if the other driver says something that will assist in your legal case.
3. Gather Information
This includes a number of things. First, get information from the driver who hit you such as his or her contact information, license number, license plate number, insurance company name, and policy number. Additionally, You should take pictures of your car, the car that hit you, and if safe, the scene of the accident to show any important factors in the accident. Third, you should get contact information from witnesses. You do not need to bother with getting a statement from one of these witnesses as you will likely run into evidentiary hearsay issues. But contact information can be helpful.
4. Notify your Attorney
If you are injured, a personal injury attorney will assist you based on your individual facts and ensure everything is handled smoothly and correctly. Your attorney will also instruct you on what steps you may have missed and what needs to be done next. You have certain requirements as a plaintiff which this article will touch on below that may impede your recovery after an accident. Additionally, the laws are different in each state. Given that we are located in the D.C., Maryland, Virginia region, the accident may have occurred outside from your state of domiciliary. Additionally, your attorney can help you evaluate and pursue compensation owed to you if you have a claim.
5. Notify your Insurance Company
Your accident lawyer will generally instruct you to notify your insurance company of the accident. First, you may have a duty to do notify depending on your insurance contract. Moreover, the driver who hit you may not have coverage and you may need to rely on your uninsured motorist coverage or your underinsured motorist coverage anyway. You may even have Personal Injury Protection coverage or Medical Payment coverage depending on the state and your policy.
6. Mitigate Damages
The duty to mitigate damages is a legal duty that is imposed on a plaintiff, in the case of a car accident the victim. This duty applies to all aspects to a certain extent. A short list of examples of actions you may take as the plaintiff where this duty might apply includes seeking medical attention, following your treatment plan prescribed to you by a medical professional, mitigate lost wages to a certain extent, remove your car from a tow lot if it I sin one, secure vehicle repairs if not having a car is causing you to take Ubers/Lyfts to work, and more. As always, consulting with your personal injury attorney will help you comply with this requirement.
This list is not exhaustive, but it does provide a good foundational understanding of how to handle a car accident if you are unfortunate enough to be involved in one. Here is a list of what not to do if you are involved in an accident. If you have been involved in a car accident and need assistance, our consultations are free, and we are available 24/7 by phone.
