Your actions after a car accident can determine your potential settlement and whether your medical bills and car repairs are paid for by the responsible party. You have two years to bring a personal injury suit in California and three if the claim is only for property damage.
- Get to safety
Pull over and get out of harm’s way unless moving your vehicle is dangerous. If you cannot move your vehicle, exit the vehicle and get to safety. Do not leave the scene of the accident until you provide your information as penalties include a fine and possible jail time.
- Get details and photos
Exchange contact and insurance information with the other driver(s). It is a good idea to get photos of their car and your car, if it is safe to do so. We will need their contact and drivers license information as well as their vehicle details and car insurance information. The vehicle details include the vehicle make, model, color and license plate. Take a picture of the other driver’s license, insurance card, license plate and car damage, if possible.
- Witnesses
Check the scene for witnesses. If there are any, request their name and contact information. Also, check around for surveillance cameras. We will contact the camera owner for footage.
- Do not admit fault
This means, do not say “sorry.” Be honest to the police officers, but do not admit any wrongdoing, even if you think the accident was your fault. Also, note if the other party says “sorry” or admits fault. This is not the end all be all of determining liability, but can shed some light to the situation.
- Do not say that you are not hurt
At the scene, do not say that you are “not hurt” but most importantly do not lie. You can say, “I am not sure about the nature and extent of my injuries, and I need to go to my doctor to get checked out.”
Most people are in shock after an accident and they are unaware of the physical pain that their body is experiencing due to their adrenal spike. If an ambulance arrives and wants to provide care for you, and you deny this care, your denial will be recorded and the insurance company will use this against you to say that you were not really injured. This can diminish the value of your potential settlement.
- Report accident to Police Department
Call 911 to request that the local police department come to the scene of the accident. Obtaining a police report can be critical in getting the responsible party to take accountability. Make sure to get the report number from the officers at the scene. If they do not come to the scene of the accident and there are injuries, you can file a crash report within 24 hours of the accident.
- Get medical attention
If you are injured get medical attention as soon as possible. This could be by ambulance, emergency room, or urgent care.
- Call an attorney
Your attorney can help you document and assess your injuries to determine which type of medical care is best for you. Retaining an attorney will also stop the insurance phone calls. Your attorney will also contact the DMV and provide the required information. Also, your attorney can help get you medical treatment without any upfront payments.
- Call your insurance company
California prohibits insurance companies from raising your insurance rates if the accident was not your fault. Even if you think it is your fault, it usually best to report it to your insurance. Usually, you are required to talk to your insurance company about the facts of the accident, however, if you have an attorney, they will take care of the initial reporting for you. Do not agree to give a recorded statement.
Let your attorney talk to the other party’s insurance company. They will record you and use everything you say against you.