The definitive guide to winning a car accident
Step 1: Stay at the car accident scene
Never leave the accident scene until it is appropriate to do so. Instead, turn on your hazard lights and keep them on for the rest of the time you remain at the scene.
If you leave the scene of the accident, especially if someone was injured or killed, you are liable for serious criminal penalties as a hit-and-run driver.
Step 2: Make sure everyone’s okay
Before assessing property damage, make sure everyone who was involved in the car accident is safe and sound. Get medical attention for anyone who has been injured in any way.
If a person has fallen unconscious at the scene, or if they notice neck and/or back pain, do not move them! You may cause further injury to their spine and nervous system; only move the person if there is an immediate danger or hazard to them (such as if they are laying in the road).
Wait for qualified medical personnel to arrive whenever possible to move severely injured persons.
Step 3: Call the Police (even on yourself)
If there is substantial property damage to the cars and your possessions inside, physical injury, or unfortunate deaths, you must call law enforcement and emergency medical services (EMS). If officers respond by arriving to the scene directly, ask to file a police report as well as for their names and badge numbers.
Even if the car accident had serious consequences, notifying the authorities in a timely manner and remaining at the scene greatly helps the overwhelming majority of cases. No matter how scared or worried you may feel, it is best to call the police, even if you were at-fault for the collision.
Step 4: Exchange Information
Get the following from all other involved drivers:
Name
Phone number or other contact info
Address
Driver’s license number
License plate
Auto insurance information
This means their insurance provider’s name, phone number, insurance policy number, and the policy’s expiration date
Be friendly and cooperative while talking to the other drivers, but do not apologize for anything while speaking to them. This can be seen by others as admitting fault for causing the accident, which may harm your case significantly once they speak to their insurance company or personal injury attorney.
In the aftermath of a car crash, it’s often unclear which driver was at-fault anyways. In many states, fault does not necessarily determine which insurance company will pay for the damages, if any. So, make sure you do not admit guilt unintentionally or needlessly.
Step 5: Take Pictures
This step is perhaps the most important step. Take pictures of any damage to your car or theirs as soon as possible. Pictures will help the insurance adjuster determine how much compensation you receive to cover your car’s damages, and they will also help serve as evidence in court.
Pictures of your car before the accident are also very helpful; they can give a easy “compare and contrast” to demonstrate the true extent of the damage you took in the car accident.
Step 6: Talk to witnesses
If there are multiple witnesses, ask every witness about what they saw. Then, get their name, phone number, and address if possible.
Additionally, make sure to ask locals if they ever witnessed other car crashes in the same location.
Step 7: Call your insurance company
Notify your insurance company quickly that you got in a car accident. Be honest about what happened, and if you were injured, how serious your injuries are.
Explain the facts clearly, and be honest. If your insurer discovers that you misrepresented or lied about anything during the claims process, you can get into serious trouble, including your insurance company possibly denying your policy for the accident.
If the police arrived on scene, they would have created an accident report. Obtain and review any police report filed so you can demonstrate who was at fault or who broke the relevant traffic laws at the time of the accident.
Step 8: Consult with an attorney.
The presence of an attorney with a strong track record for helping their clients with personal injury claims can provide you great leverage and keep the process simple for receiving your compensation quickly. An experienced personal injury lawyer will also be prepared to help you escalate the claim if insurance providers prove to be stubborn in helping you recover financially.
Step 9: Keep Notes for any Medical Treatment
Write down all doctors, physical therapists, chiropractors, or other professionals that provided you medical care after the accident. Also keep track of each medical provider who referred you out to other medical professionals.
Keep a detailed record of your treatments and/or medications. Also request a copy of all your medical records and bills, as these will help you prove your medical expenses later. In fact, these records and bills can play a huge role in determining how much compensation you may receive for settling your case later down the line.
Medical expenses are fairly simple to document; pain and suffering is much more difficult to prove. Keep track of how your injuries from the car accident have impacted your daily life: Write down any workdays you had to miss, any routine activities you couldn’t perform, and describe how the injuries changed you and your family’s lives, (especially how they impacted your routines).
Step 10: Get a property damage valuation
Get your insurance company’s damage valuation. If you do not agree with how your insurance company valued your vehicle, you do not have to settle.
If you disagree, get a second opinion as well as a third opinion from two independent shops for repair estimates or replacement quotes.
Step 11: Avoid talking carelessly about the accident
Do not talk about the accident to anyone else, other than your lawyer, your insurance company, and the police.
Don’t talk to a representative from a different insurance company without letting your lawyer or insurance company know. If you get a call from the other insurance company, be polite, but ask them to speak to your lawyer or insurance company and arrange an interview about your injury claim.
Also, tell your lawyer or insurer about the call. It’s always in your best interest to speak with an attorney and have them present if the insurance company asks you to give a recorded statement about your claim and/or the accident.
Step 12: Never take the first settlement offer
Always be careful when you are offered a settlement from an insurance company. Make sure all your serious injuries have been fully treated. Even in minor car accidents (like “fender benders”), car crash injuries often don’t show up or get to their worst level of pain and discomfort until many days, weeks, or even months later.
Don’t settle an auto insurance claim until you know you will be compensated for all your bodily injuries. Consult a personal injury attorney that specializes in car accidents, such as the attorneys of Win Nguyen Law Firm, before you sign any settlement documents about your car accident claim.
Step 13: Consult with an experienced personal injury lawyer about your car accident!
If you haven’t already, please contact an attorney about your car accident right away! It cannot be overstated how important it is to get representation from a lawyer. If anyone has been injured in any way from the car accident, it is truly best to consult with a seasoned personal injury lawyer.
An attorney can help explain all the disclaimers and conditions included in your insurance policy, ensure you receive the best possible compensation to aid your recovery if you were injure, or defend yourself effectively in court if you were at fault.
Most accident attorneys work on contingency fee basis, meaning that your lawyer only gets paid if you get paid, either by being awarded damages or receiving a settlement.
If you need help with a car accident to keep the process simple and pain-free, book a free consult NOW with the proven attorneys of the Win Nguyen Law Firm using the button below!
