Understanding your rights in a car accident

Car accidents can be very confusing experiences because it seems like everything is happening so fast. In these high-pressure scenarios, other people on the scene may want you to do one thing or the other, and sometimes, when you comply with these requests, the outcomes may not be favorable.

It is crucial to remember that even after these accidents, you have rights that you cannot be forced to give up. Knowing your rights is the first step to ensuring you do not do anything you regret later. This article highlights these rights, what they mean, and some of the steps you can take to protect them.   

Understanding your rights

If you're in a car accident, these are the most critical related rights you must remember.

Right to pursue compensation

The most prominent right you retain in a car accident is the right to recover compensation. You can do this by either filing a claim with the at-fault party's insurer or your insurer (depending on the cause of the accident and state law). However, you can also pursue compensation through a lawsuit.

Most car accidents cause damage to you. These damages are usually in the form of injuries, but they could also be through property damages or an inability to work while you recover. 

It is a well-established principle under American tort law that if you suffer a personal or property injury due to someone else's actions (or inactions), the person who caused the injury must compensate you.

This principle applies to car accidents and is embellished in state law. For instance, Delaware’s Del. Code tit. 10, § 8132 provides that a person may recover compensation from another at-fault party in a personal injury lawsuit.

However, insurance companies offer auto insurance to reduce vehicle owners' exposure to damages from others they have injured in an accident. 

This means that instead of directly seeking compensation from a person who caused your accident, you can seek that compensation from their insurer.

Most states now mandate that all vehicle owners purchase auto liability insurance to ensure accident victims are compensated.

For example, Georgia, under Ga. Code Ann. § 33-34-4 requires all owners of vehicles registered in the state to have a form of auto liability insurance that complies with the state's defined limits before operating the vehicle or authorizing someone else to operate the car.

With auto liability insurance, accident victims must file a claim with the at-fault driver's insurer, who will compensate them. However, this process may be drawn out, with third-party insurers taking a long time to investigate and pay out claims.

Twelve states practice no-fault auto insurance, which requires drivers to file claims for medical expenses and lost wages resulting from an accident with their insurer regardless of who's at fault. This is done to streamline the claims process and provide victims faster payouts.

Florida is one of the 12 no-fault states, and in Fla. Stat. § 627.736, the state requires that every auto insurance policy include personal injury protection covering any bodily injury sustained in an accident. 

It is, however, essential to note that these no-fault systems only apply to bodily injuries, and you can still recover property damages from the responsible party or their insurer.

Right to remain silent

This right to remain silent after a car accident is rooted in the Constitution's Fifth Amendment. In context, you have a right to decline to provide any information you believe may incriminate you.

This right is crucial because even when you believe you are responsible for an accident, it is always advisable to wait to admit liability immediately. You do not have the full details, and there may be other causes you are unaware of. 

If you immediately admit liability, the investigation will likely not proceed beyond your admission, and you will become financially responsible for all damages arising from the accident.

But even though you can choose to, as it is your right, it is not advisable to go completely mute after an accident. Communicating with the other party is crucial to determining whether they have been injured in the accident.

You can, however, choose your words very carefully. You must also remember that you cannot be compelled to answer any question asked by law enforcement agents or claim adjusters who investigate the accident.

If you are unsure how to answer any question, tell them you will be best positioned to answer after consulting with legal counsel.

Right to seek medical attention

You are also entitled to medical attention after a car accident. This right is fundamental because it is necessary to ensure your well-being and that you can recover from any accident.

This right can be best ensured by calling 911 or paramedics to the scene of an accident once you believe you have sustained any injuries. No matter how minor the injuries are, it would be best to get them checked out by medical professionals.

If emergency medical personnel do not arrive on the scene, you should still see a doctor as soon as possible. Even if you don’t feel any injuries, getting a medical checkup will ensure that you have not suffered any internal injuries that will become evident later on.

Seeking medical attention as soon as possible after an accident is also essential for a successful insurance claim.

Detailed medical records that establish that your injuries were directly caused by the accident are vital pieces of evidence that show that expenses on your treatment and other medical expenses can be validly included in your claim.

Right to obtain information

State law also grants you a right to request relevant information from any other party involved in the accident. However, this is accompanied by an obligation to provide the required information.

The specific information you can obtain varies slightly in different states. However, the general idea is to get any that can help you identify the other party when reporting the accident to relevant agencies or when filing a claim with the other party’s insurer.

In Michigan, Mich. Comp Laws § 257.619 implies a right to request another driver's name and address, vehicle registration number, and the name and address of the owner (if they are different from the driver) and to see their license. 

In Pennsylvania, 75 Pa. Cons. Stat. § 3744.0 implies a right to request the same with evidence of financial responsibility, which could be insurer information or any other proof of financial responsibility allowed under Pennsylvania law.

If the other party cannot provide the information you requested because they are injured, focus on calling emergency medical personnel to the scene and offering the other party whatever first aid you can before paramedics arrive. 

Once paramedics stabilize them, see if you can get the information from other car occupants. But if the car had no other occupants or they refused to provide you with the information, note down the distinct features of the vehicle and immediately report it to the police.

How to protect your rights after a car accident

To protect your rights in an accident, you must take some steps.

Document the scene

This is necessary for your right to pursue compensation. Documenting the scene entails collecting on-scene evidence that could support your case.

First, you should take pictures and videos to document an accident scene effectively. These pictures/videos should focus on capturing the damage to your car or your injuries, the damage to the other party's car or their injuries, and the point of impact for both cars.

It is also important to gather other evidence that may be further investigated or that you believe may help your case. So, you should document the location and time of the accident and the weather conditions at that time.

Getting eyewitness accounts supporting your version of events will also help complete your documentation. Talk to anyone who may have seen the accident to understand what they saw, and try to get them to provide a signed or video-recorded statement as much as possible. For any eyewitnesses you get statements from, also get their contact information.

Call the police if necessary

All state laws require that you call the police to the scene of an accident if the accident has caused a death or injury. You must also remain at the scene until the police arrive.

If there has been no death or injury, and only property damage is caused by the accident, you may not have to report to the police immediately. Different states have different reporting requirements for property damage in car accidents.

In Alaska, Alaska Stat. § 28.35.080 provides that accidents resulting in property damage to an apparent extent of $2,000 or more must be immediately reported to the police.

 However, in Indiana, Ind. Code § 9-26-2-1 suggests that the police must only be called for apparent property damage of $2,500 or more.

 Finally, in Nevada, Nev. Rev. Stat. § 484E.030 stipulates that all crashes, regardless of property damage extent, must be immediately reported to the police.

Complete your treatment

It may not seem like it, but completing your treatment is crucial to protecting your right to compensation. Why? The best practice is to aim for maximum medical improvement (MMI) before settling a personal injury claim.

MMI refers to a point where you cannot further recover from the injuries suffered in the accident. This will either be because you have entirely recovered or you are left with a disability that cannot be treated or healed.

Once you reach MMI, you will either have a full picture of your medical expenses and can accordingly include them in your claim, or you will be able to claim for any lost earning capacity (resulting from a disability) you are left with. However, you must follow and complete your treatment schedule to reach MMI.

If you fail to complete your treatment, the insurer may rely on that as grounds to suggest that you should bear liability for failing to reach the well-being you had before the accident.

Inform your insurer

Many auto insurance policies require the insured to inform their insurer as soon as reasonably possible after a car accident. 

This requirement is usually necessary to help the insurer carry out its independent investigations as soon as possible and prepare for a first—or third-party claim, depending on state law and the nature of the accident.

Insurers may devalue the claims of accident victims who fail to meet this requirement if it was initially contained in their policy contract.

Avoid posting on social media

It is best to avoid posting anything that is even remotely related to your accident injuries on social media. Recently, claim adjusters have begun investigating victims' social media accounts to get evidence that they are not as injured as they claim.

Even though, in many instances, they may not find direct evidence that supports their narrative, these insurers and their claim adjusters have successfully manipulated victims' social media posts to devalue or deny settlements.

Secure legal representation

The final and most important step you can take to protect your rights is securing experienced legal representation in your vicinity. When you have a talented car accident lawyer, they will take steps to ensure you get appropriately compensated despite any challenges your case may encounter.

First, they ensure you gather all the evidence needed to make a claim successfully. From the medical records, police reports, and documented evidence to expert evidence and any other vital necessities, your lawyer will be skilled at gathering it all and presenting them in a way that absolutely supports your claim.

Next, they negotiate with the relevant insurers to secure more beneficial compensation than the initial offer. If negotiations with the insurer fail, they may suggest that you enforce your right to compensation by suing the at-fault driver, and they will represent you in these lawsuits.

How The Accident Helpers Can Help You

We understand that finding a skilled car accident lawyer you can trust to operate in your best interest can be challenging. That is why, at The Accident Helpers, we provide you access to a network of the best car accident lawyers nationwide.

With these lawyers, you can rest assured that none of your rights related to a car accident will be denied. All you have to do is contact us. One of our consultants will gather all the facts of your case and connect you to an experienced lawyer nearby.

Our services are completely free, so call us now!