Did you recently get into a car accident?
If you live in the United States, you’re not alone. Every year, approximately 6 million car accidents occur in the U.S. alone. That works out to about 16,500 car accidents every day.
The problem?
The vast majority of people have absolutely no idea what the legally required steps are to take following an accident. They make a few critical mistakes and end up losing thousands in compensation.
Luckily, it doesn’t have to be that way. By taking the proper legal steps right after your accident, you protect your rights and maximize your odds of getting the money you deserve.
In this post:
- Emergency Legal Steps To Take
- Critical Documentation To Gather
- How To Effectively Handle Insurance Companies
- When To Call A Car Accident Lawyer
- Common Legal Mistakes People Make After Accidents
Emergency Legal Steps To Take
A quick disclaimer…
Your safety is always the number one priority in any accident. If anyone is hurt, call 911 first.
That being said, the legal clock starts ticking the moment your accident occurs.
Call the police immediately once everyone is safe. In most states, police reports are required for all accidents with injuries, fatalities, or property damage over $500-$1,000.
Why this step is so important…
The police report is one of the single most important pieces of evidence for proving fault. Insurance companies and courts rely heavily on police reports as an objective third-party investigation.
Fun fact you probably didn’t know? You should call the police for minor fender-benders too. Insurance companies take police reports super seriously. A police officer’s word is much more credible than a layperson’s word.
Document, Document, Document
Because it’s literally that important.
Snap pictures of everything:
- All damage to all vehicles (get multiple angles)
- Accident scene and road conditions
- License plates of all vehicles involved
- Street signs and traffic lights
- Skid marks or debris
Get the contact and insurance information from all involved parties. This includes names, phone numbers, addresses, driver’s license numbers, and insurance policy details.
Witnesses? Get their contact information. Their statements can be valuable if the other driver tries to change their story later.
Bonus tip you probably didn’t know?
Write down everything you remember while it’s fresh. Include the weather, your actions before the crash, and any conversations at the scene.
Know How To Handle Insurance Companies
This one is where it can get a bit tricky…
Your insurance company will want to talk to you ASAP about what happened. So will the other driver’s insurance company.
Here’s the truth of the matter:
Insurance companies are businesses trying to pay out as little as possible to maximize their profits.
When you talk to insurance companies, only give the basic facts. Don’t speculate about causes of the accident or admit any fault. Even saying “I’m sorry” can be twisted to sound like an admission of guilt.
Most important rule of them all?
Never accept the first settlement offer from an insurance company. These initial offers are often lowballs, hoping you’ll take the quick cash.
If there are serious injuries or significant property damage, you’ll need professional legal help. A qualified car accident personal injury attorney can negotiate with insurance companies on your behalf and make sure you get the compensation you deserve.
Get Medical Attention (Even If You Feel OK)
This may very well be the most important legal step you can take…
Even if you feel perfectly fine, you should see a doctor ASAP. Within 24-48 hours is ideal. The thing with car accident injuries is that the symptoms can be delayed for days or weeks.
Here’s the legal importance of it:
- It creates an official medical record linking your injuries to the accident
- It shows that you took the injuries seriously
- It prevents the insurance company from arguing your injuries came from something else
Insurance companies love to argue that if you were really hurt in the accident, you would have gone to the doctor. Don’t give them the ammo to try and make that argument.
When To Call A Car Accident Lawyer
Fun fact you may not have realized…
You don’t always need a lawyer for every car accident. Minor fender-benders where no one was hurt can usually be handled directly with insurance companies.
When you definitely should call a lawyer:
- If there are serious injuries
- If there is significant property damage
- If the other driver was uninsured or underinsured
- If the insurance company is denying your claim
- If you’re being offered a settlement you think is too low
Truth bomb:
Car accident attorneys generally work on contingency fees. This means you only pay if they win your case. Statistics like NHTSA estimates 39,345 traffic fatalities for 2024 make it worth it to get a professional on your side.
Insurance companies have entire teams of lawyers working to pay out as little as possible. Shouldn’t you have someone fighting for you too?
Critical Legal Deadlines To Meet
Every state has a “statute of limitations” deadline for car accident cases. This is the time limit for filing a lawsuit if a settlement can’t be reached.
If you miss this deadline, you lose your right to compensation forever.
These time limits vary by state, but they are usually between one and six years. Some states have much shorter statutes of limitations.
Building a strong case takes time. Evidence needs to be collected, witnesses interviewed, and medical records obtained. The earlier you start, the better your case has to chance of succeeding.
Common Legal Mistakes To Avoid
To wrap things up, let’s talk about the most common legal mistakes people make following accidents…
Big mistake #1: Saying you’re at fault at the scene
“Sorry” or “It was my fault” are phrases you want to avoid. Even if you think you contributed to the accident, let police and insurance companies determine fault.
Big mistake #2: Not keeping detailed records
Keep copies of everything. Medical bills, repair estimates, rental car receipts, missed work documentation, etc. All this is necessary for getting compensation.
Big mistake #3: Settling too quickly
Some injuries take time to manifest themselves. Getting a quick payout might be tempting, but you can’t re-open the case later if symptoms worsen.
Big mistake #4: Not following medical advice
Attend all recommended therapy and follow-up appointments. Insurance companies will argue you weren’t really injured if you don’t follow through.
Big mistake #5: Posting on social media
Insurance companies review social media accounts. A photo of you skiing after claiming a back injury could completely ruin your case.
Wrap Up
Dealing with the legal aftermath of a car accident is stressful enough without making these critical mistakes. The steps you take immediately after your accident will determine whether you get the compensation you deserve or end up getting taken advantage of.
The most important thing to remember…
You’re not going it alone. You’re dealing with professionals who handle this every day. The right legal guidance levels the playing field and gives you the best odds for a favorable outcome.
Don’t let confusion after your accident cost you years of financial stress. Take action, protect your rights, and get the help you need.