2. Immediately after the accident, get out of your
vehicle if it is safe to do so. Check to make sure
that no one in your vehicle or the other vehicles
is hurt. Call the police and never agree to “take
care of this without calling the police”. Saying
you are sorry may be seen as an admission of
fault. You are required to exchange basic
insurance information such as your insurance
company’s name and policy number. You should
never discuss coverage’s or policy limits!
3. Once you call the police and they are on their
way, you should talk to all of the witnesses to get
their perspective on what they saw happen and
then ask for their contact information. Take
pictures of the accident and write down notes of
everything as it may be useful for your case. Note
the time, date, location, weather conditions, and
any other factors that may have contributed to
the accident. Stay on the scene until the police
officer says you can leave.
4. You might think that you feel fine immediately
after an accident but you may not feel symptoms
of an injury until days later. Pain, discomfort,
dizziness, or numbness is common symptoms to
watch out for. Getting immediate medical
attention will make it easier to prove that your
injury was caused by the accident. Take the
ambulance and go to the hospital if you have
any potential injury. If you try to ignore
symptoms at the scene they will definitely
show up later with a vengeance.
5. Call your insurance agent and ask about the time
limits for filing a claim. If you plan on filing a
claim, get the process started as early as possible.
6. If you’ve been injured because of the other
driver’s carelessness, you should contact a
personal injury attorney after seeking the
necessary medical care.
7. Most personal injury attorneys will offer a free
consultation, so avoid attorneys who charge for
just the initial meeting. Be prepared for your
meeting by bringing all pertinent documents
with you including medical records, police
records, notes and pictures from the accident.
From this meeting your attorney should be able
to tell you if you have a valid claim against the
other driver.
8. Many personal injury attorneys are paid on a
“contingency” basis, meaning they will not
charge a fee unless you win your case. In this
situation, your attorney will not get paid unless
you get paid. If your case is successful and you
are awarded monetary compensation, your
attorney will most likely charge a fee at the end
of the case of 25% to 40%. At the beginning of
your case you will sign a contract that notes the
specific percentage of the attorney fee, so there
should not be any surprises.
9. After a thorough investigation of your case,
injury, damages and expenses, your attorney will
contact the insurance company and possibly the
attorney representing the other party. While you
are continuing your medical treatment and going
on with your daily life, your attorney will
negotiate with the other party and keep you
informed of each step.
10. Many personal injury cases are settled before a
lawsuit is even filed. This is especially true for car
accident claims. Your attorney will keep you
informed as to any monetary offers that are made
by the other party. You will ultimately be able to
decide on your own if you want to accept the
offer, but your attorney will be there to give his or
her legal advice.
11. If a settlement cannot be reached, a lawsuit will
be filed to take the case to court. Each phase of
the lawsuit process will be scheduled out by the
judge and can last months or even years. These
phases include pretrial, mediation, and
presenting your case in court.