What Steps Should You Take After a Car Wreck to Protect Your Legal Rights?

After a car wreck, you’re likely to feel overwhelmed by the shock and confusion. This is natural, and it’s easy to forget what you need to do to protect your rights. Knowing what to do – and what not to do – will make a big difference in any legal proceedings or insurance claims that may arise later, however. Here’s some advice from a car wreck attorney on the right steps to take.

What Steps Should You Take After a Car Wreck to Protect Your Legal Rights?

Make Sure Everyone Is OK

First and foremost, prioritize your own safety and health and then that of others, including the other driver and any passengers. Check yourself and others for injuries, if you’re able, and if anyone has been badly hurt, don’t move them unless you have to in an emergency (such as to get them further from a burning car, for example).

Beyond your health, though, it’s also important to your legal rights for you to do all this. For one thing, medical records will be important evidence linking your injuries directly to the accident. They will also be proof of what you’ve suffered emotionally and mentally, as well as physically. Beyond that, showing care for the other party in the accident – even if they caused the accident – will always paint you in a more favorable light in any negotiations or litigation that might follow.

Conversely, if you show no care for the other driver’s injuries and ignore their immediate physical needs to openly run around gathering evidence for your potential lawsuit, you could hardly do anything to make yourself look worse. The other party or their insurance company could attempt to use this to argue that you weren’t really injured all that badly but are exaggerating to get a payday.

Contact the Police

Always contact the police to report the accident, and never let the other driver talk you out of this. An official police report creates a formal record of the incident. It records all the details, like the location, time, weather conditions, and the parties involved. The officers may also note any traffic violations they saw or unique, professional observations about the scene, which could be valuable to you later on.

Exchange Info With the Other Driver If Possible

While waiting for the authorities to arrive, exchange information with the other driver/s involved. You need to exchange names, contact details, driver’s license numbers, vehicle registration information, and insurance details. As you do so, keep the conversation polite and also limited to necessary information.

Avoid discussing who was at fault, don’t make any apologetic statements that could be interpreted as admissions of guilt, and don’t agree to any under-the-table payments to avoid calling the police or getting insurance involved. It should also go without saying that if the other driver is angry and belligerent, and if you feel in any way unsafe, you should avoid them until the police arrive.

Document the Scene

If it’s safe to do so, document the scene of the accident thoroughly. Use your phone to take photos or videos of the vehicles from multiple angles. Try as you do to capture the damage, all license plates, any weather conditions, and the surrounding area generally. Include any skid marks, traffic signs, road conditions, and other factors that might have contributed to the collision.

See If There Are Witnesses

If bystanders or other drivers stopped after the collision, ask for their names and contact information. Their testimonies might even provide some details you weren’t aware of or confirm key aspects of your experience. Witness statements can be particularly helpful if there’s a dispute about what happened.

Third-party witnesses will always be viewed as more credible than a witness who was a passenger in one of the vehicles, simply because passengers tend to favor their own driver and because their view may not have been very clear. In addition, the trauma of being involved can affect memory in a way that won’t have happened for those who saw the accident but weren’t a part of it.

Notify the Insurance Company

Most policies require prompt reporting of an accident, and delaying this step could affect your coverage. Be sure to tell both your own insurance company and the other driver’s insurance company about what happened as soon as possible. Provide them with the basic facts of what happened, but be cautious about giving any recorded statements without first asking your lawyer. Insurance adjusters are very good at using your words to minimize their own payouts, so always stick to the facts only. If they keep pushing, tell them to talk to your attorney.

Keep to Yourself

Avoid discussing the accident on social media or sharing any details publicly. Comments or photos posted online can easily be misconstrued or taken out of context. It’s best to keep the matter private and refrain from posting until everything is resolved.

For example, say you want to simply let your friends and family know that you’re keeping an up-beat attitude and not letting your injuries keep you down, so you post something joyful and lighthearted or a picture of yourself trying to do something you enjoy. You grit through the pain to take the picture and hide how you really feel so others won’t worry. The opposing party or their insurance company might be scouring your online presence for any information that could weaken your claims and may use this to argue that you’re not really injured badly or are exaggerating.

Become a Details Person

Keep detailed records of everything related to the accident, from medical bills to repair estimates, rental car receipts, childcare receipts, and any other expenses you’ve incurred because you were injured. Also, maintain a journal documenting how your injuries have affected your daily life, work, and relationships. All these records will be useful to substantiate your claims for damages and provide a clear picture of the accident’s impact on you.

Don’t Accept Settlements Without Talking to a Lawyer

Don’t accept quick settlement offers from insurance companies without consulting your attorney. These initial offers are often going to be lower than what you’re entitled to. The insurance company is hoping you’re either too desperate to wait or don’t know the true value of your claim, and accepting this initial offer basically means you forfeit your right to pursue additional compensation later. An experienced attorney can assess the true value of your claim and negotiate on your behalf.

Get a Car Wreck Attorney Right Away 

You’ll want to work with a legal professional who specializes in car accidents if you’re serious about protecting your rights. Your lawyer will be able to give you even more detailed specifics based on the unique circumstances of your case, help you decide what to do, guide you through the legal system, handle communications with insurance companies and other parties, and go to court for you, if necessary. Having legal counsel also means you won’t inadvertently waive any rights or make mistakes that could undermine your case.

If you’ve been in an accident, don’t wait to protect your rights. Contact Wendt Law Firm P.C. in Kansas City, MO and Camdenton, MO for a free case evaluation.