What To Do After a Car Accident

In the confusion and stress that typically follow a car accident, it becomes easy to forget what's important, reducing your chances of success when making an insurance claim. 

However, once you're conversant with the steps to take as a driver in an accident, you can carry them out as you should.

In this article, we guide you on all the things you are required to do if you're ever in an accident; whether it is a legal requirement, a convention that will strengthen your claim, or just something that your insurer may require. Following the steps discussed here will likely guarantee a quick and appropriate car accident insurance settlement.

12 Steps to Take After a Car Accident

So, if you’ve been in an accident, what should you do?

1. Ensure safety and check for injuries: The first thing you must do after a car accident is stop, check whether you or your passengers have been injured, and then ensure no other party has been hurt. To do this, move to a safe area as close to the scene as possible, then turn on your hazard lights.

All states have specific legal requirements about drivers' obligation to stop after an accident. For instance, in Alaska, under Alaska Stat. § 28.35.050, drivers must stop when an accident results in death, injury, or property damage to an attended to or unattended vehicle. 

In Delaware, under Del. Code tit. 21, § 4201, drivers are required to stop if there is apparent damage to property to make sure the other person is not dead or injured. They also need to stop if the car obstructs traffic. Tennessee’s Tenn. Code § 55-10-102 requires drivers involved in an accident to stop immediately.

In any case, stopping to check on yourself and the other driver is best practice. If you fail to, you may be charged with a hit and run.

2. Call 911 or the police: As a general rule, whenever there has been injury or death, you should call 911. State law, however, varies on when you should call the police for property damage. In Indiana, you do not need to call the police for collisions resulting only in property damage as long as the other party was present, according to Ind. Code §9-26-1-1.1. 

Meanwhile, in Rhode Island, according to R.I. Gen. Laws §31-26-3, you should immediately contact state or local police for all accidents. 

Regardless of state law, your best bet is to inform the police even if there’s no injury and the other party is present. This is because an official police report will significantly improve the chances of success for your insurance claims. And when you call the police, make sure to request that official report.

3. Exchange information with other parties involved: All relevant state law requires drivers involved in a car accident to exchange information. In Nevada, under Nev. Rev. Stat. §484E.030, drivers should share their names, addresses, vehicle registration numbers, and licenses when available. 

While for Texas, Tex. Transp. Code §550.023 asks drivers to share their names, addresses, vehicle registration numbers, and the name of their insurer.

Even if you are unsure of state law requirements, the best practice is exchanging names, addresses, registration numbers, and insurance information like the insurer's name, contact, and policy number. You will likely feel some annoyance or anger after an accident. But you must remain calm during this process to avoid worsening the situation.

4. Document the accident scene: To help your subsequent insurance settlement, documenting the accident scene from your perspective is very important. To effectively document, take pictures (or videos) of the damage to your vehicle, the damage to the other party's (or parties') vehicle, and your surroundings.
   
   If possible, you should also sketch the accident scene. When you eventually file a claim with the appropriate insurance company, you should present all this evidence, including the time and weather conditions during the accident.
   
   
5. Gather witness information: People around who saw the accident happen could also strengthen whatever case you have to make subsequently, especially if they are not previously affiliated with you. 

Witnesses who can provide an unbiased third-party view of the events leading up to the accident are an invaluable asset, and you should make sure to get their names and contact information or address. If possible, you should also get them to sign a statement or video describing what they witnessed if it was a major accident.

6. Do not admit fault: You must communicate without conceding that you did anything wrong while doing all you should. Why? Because even though you believe your actions may have contributed to the accident, there may be other more direct causes you remain unaware of. Admitting fault at this point will weaken your claim and reduce any potential settlement.

So, to illustrate, instead of saying something like "I'm so sorry. Are you injured?” to the other driver, say "Are you injured?" As much as possible, do not discuss the causes of the accident with anyone on the scene until the authorities arrive.

7. Seek medical attention: If it's a significant accident and paramedics will be arriving on the scene, make sure to get checked out by them before you leave. And even if it is a minor accident, where you believe you have suffered only property damage, still get medical attention as soon as possible to ensure you're alright. 

A medical examination is essential because it could take weeks for things like concussions or internal bleeding to become evident, and the stress of being in an accident could trigger underlying medical conditions without your knowledge. 

Unfortunately, however, if you delay seeking medical attention, it becomes more difficult to prove that your injury is because of the accident. And your insurers may try to use that to reduce your claim.

8. Notify your insurance company: Most insurers specify a timeframe within which you must notify them if you have been involved in an accident in your policy agreement. This timeframe could be as little as 24 hours or as long as 60 days. Some states also have laws that establish deadlines for notifying your insurer. 

In New York, N.Y. Comp. Codes R. & Reg. tit. 11 § 65-1.1, specifies 30 days as the deadline for a written notice to your insurer under a no-fault coverage. If you are unsure of the timeframe within which you need to notify your insurer, doing it as soon as possible is better for your claim. 

When speaking to your insurer, you'll likely have to provide information like your personal details (name, date of birth, social security number), vehicle information, policy number, and information regarding the accident including any damage you may have suffered. 

Remember that if you speak to them before you've seen a paramedic or a physician, you should never say that you do not have any injuries. At best, you could tell them you’re not sure and waiting for a medical examination.

9. Keep detailed records: Since car accident insurance is supposed to compensate you for losses you suffer during a car accident, it is important to keep detailed records of these losses or potential expenses. 

You should obtain and preserve medical records and medical bills if you incur any as a result of the accident. If you suffer only property damage due to the accident, you should keep repair estimates, towing receipts, hire car receipts, etc.

You should also keep a detailed record of your letters and emails with the insurance company. Preserving phone conversations may be tricky if you prefer to call in. While Federal law (18 U.S.C. § 2511) and most states permit one-party call recordings, some states like Florida (Fla. Stat. § 934.03(2)(d)) require all parties on the call to consent before a recording. And an insurance agent you speak to over the phone may not consent to being recorded.

10. Consider consulting a car accident lawyer:  Legal advice will be helpful while trying to obtain a car accident insurance settlement. From the steps we've outlined, it is clear that you'll have to meet many legal requirements to ensure a successful claim and a car accident lawyer can provide the proper guidance. Good, experienced lawyers also ensure that insurance companies do not take advantage of you by unreasonably delaying, denying, or reducing your settlement as they often do.
    
    
11. File a claim with the appropriate insurance company: If you get a lawyer, they will guide you on the right insurance company, depending on your coverage, state law, and the nature of the accident. 

To file a claim, call the insurance company and request to speak with a claims specialist. Explain to them that you would like to claim and describe the nature of your accident. They will then direct you on how to file and submit the documents.

These days, many insurers have mobile apps or online forms that you can fill out to file your claim, upload pictures, and schedule appraisals. But if they don't, they will likely send over a form for you to fill out and then return.

12. Follow up on your claim and negotiate if necessary: It is likely that within a few weeks of filing, a claims adjuster will contact you to request more information and examine other evidence.

 After that happens, if you go 3-4 weeks without hearing back from your insurer, you should contact them to inquire about the status of your claim. For insurers with mobile apps, there is usually a claim status tracker you can check on the app for updates. 

When you receive your offer, you can accept it if you are satisfied with the amount. But if not, you could appeal the offer, leading to negotiations with the insurance company through their arbitration or mediation process. 

While negotiating, ensure you have all your evidence and records to back up the damages you claim to have suffered. Also, employ a firm but unaggressive demeanor while attempting to communicate your demands.

FAQs

Here are some frequently asked questions about car accident insurance.

1. What if the other driver is uninsured? When the party responsible for the accident is uninsured in an at-fault state, you generally have two options. First, you can sue the person directly and recover the damages you're owed through that lawsuit. 

Secondly, you can rely on your uninsured motorist insurance coverage. If you live in states like Illinois or Vermont, where drivers are required by law (215 Ill. Comp. Stat. § 5/143a-2 and Vt. Stat. tit. 23, § 941, respectively) to purchase uninsured motorist insurance, then you’ll always have that to fall back on. 

However, if you are at fault in an at-fault state, and the other driver is uninsured, they can still get compensation from your insurance company. And if you are at fault in a no-fault state, the uninsured driver may still be able to sue you if their injuries meet a certain threshold defined by state law.

4. Should I accept the first settlement offer from the insurance company? There is no rule against accepting the first settlement offer from the insurance company if you believe it to be sufficient. But most times, insurance companies attempt to pay less than they should with their first offer so you should keep that in mind.
   
   
5. How long do I have to file a claim after a car accident? As a general rule, you should file a claim with the insurance company within a reasonable time that will allow them to investigate the specifics of your claim. To ensure you do this, some policies include claim filing deadlines which are often between 30 and 60 days. But most times, as long as you claim as soon as you reasonably should, there should be no problems. 
6. What if I was partially at fault for the accident? In a no-fault state, your part in the accident would be mostly irrelevant. In at-fault states, the person who is mostly at fault will still be responsible. However, your settlement offer will likely be reduced in proportion to how much fault you bear for the accident.
   
   
7. Do I need to report the accident to the DMV? If the accident results in death or injury, you should report it to the DMV or the Department of Transportation. However, if there is only property damage, different state laws have requirements on the monetary amount of damage that has to be suffered before a report to the DMV is required.
   
   
8. How can I get a copy of the police report? The process of obtaining a police report differs across states and agencies. Most of the time, you'll either have to get the report online, request it by mail, or request it in person at the police station. 

The best way to find out how to get the police report detailing your car accident is by informing the police officers who respond that you'd like a report, and following their instructions on how to get one.

7. What if a road hazard or poor road conditions caused the accident? If your accident can be primarily attributed to potholes, construction debris, malfunctioning or improper traffic signs, and other road hazards, it could be a different process. Here, you'll likely have to bring a lawsuit against a company or the government to seek damages, depending on who is directly responsible for the cause.
   
   
8. How does a car accident affect my insurance rates? Being in a car accident will likely increase your insurance rates, whether you were at fault or not, but especially if you were at fault. This is because your insurer will view your being in a car accident as indicative of certain tendencies that make it riskier for them to provide you with insurance. And they will charge you accordingly for that risk.

The more accidents you're in, your insurance rates increase.

9. What should I do if the other driver leaves the scene? You should remain calm, call the police, describe what has happened to them, and follow their instructions. A police officer would likely be dispatched to investigate the accident and provide whatever assistance you need.
   
   
10. Can I still file a claim if I didn’t call the police at the scene? Yes. Most states don’t require you to call the police if the accident doesn’t result in death or injury, and certain other conditions have been met. 

Calling the police mostly strengthens your claim; not calling them won't invalidate it. However, if the accident circumstances require you to call the police, ensure you call them.

Conclusion

Taking the necessary and right steps, which we've outlined above, is a prerequisite to ensuring you enjoy your legal right to compensation from your insurer. It is important to understand that securing your settlement begins immediately after the accident, so you must carefully do all that you're required by law and your insurance policy. 

However, a lot of complexity still surrounds this process due to differing state laws and the peculiar conditions surrounding each accident.

If you need guidance or support on any issue related to your insurance settlement in the aftermath of an accident, contact us. At The Accident Helpers, we connect you to trained experts who will help you navigate all the uncertainties to get your due settlement.