9 Steps to Take After a Car Accident: Legal Perspective

Car accidents can be overwhelming and stressful experiences. From physical injuries to emotional distress and financial setbacks, the aftermath often feels daunting.

The National Safety Council (NSC) estimates that of the 235 million drivers licensed in the U.S., approximately one in 20 was involved in a motor vehicle accident, with average costs ranging from $6,000 to $1 million or more depending on the severity of the crash.

However, knowing the legal steps to take after an accident is crucial to protect your rights and secure any compensation you may be entitled to.

In this reading, I’ll explore the legal perspective on the actions you should take immediately after a car accident.

Let’s begin!

9 Steps to Take After a Car Accident

Below are the necessary steps to take after a car accident:

• Be ready to handle an accident.
• Ensure everyone’s safety first, then notify the police.
• Contact your insurance provider.
• Collect and exchange insurance details.
• Stay aware of potential liability.
• Decide if filing a claim is necessary.
• Keep a record of repairs, appointments, and costs.
• Review your car insurance rates.

Be Financially Ready For an Accident.

A car accident can significantly impact your financial stability and safety. To ensure your safety, it’s crucial to have a robust auto insurance policy. Review your policy regularly to ensure you have the appropriate financial protection.

If you’re unsure about your coverage, consider increasing your liability limits or adding collision coverage to reduce other drivers’ out-of-pocket liability.

In case of an accident, keep all necessary insurance information on hand for efficient navigation and claim filing. Additionally, carry basic safety equipment to document the scene and ensure visibility.

This includes a high visibility safety vest, first aid kit, proof of insurance, registration, insurance company contact information, and a camera for capturing the scene.

Ensure Everyone’s Safety

State Farm Insurance and Allstate Insurance both offer policies to help in car accidents. State Farm Insurance advises calling the police if serious injuries occur, while Allstate Insurance agent Beth Hanlon advises doing so.

Even if the other party offers to take care of the accident, it is still important to call the police. A police report serves as an official record of the accident, providing additional protection for all involved.

If the accident occurs on an interstate highway, county or state law enforcement should be called. If the accident is minor, an incident report serves as an information exchange, while an accident report is created to assist the insurance process and establish legal liabilities.

It is important to note that police officers may not always arrive at the scene of minor accidents due to limited resources.

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Contact Your Insurance Provider

Michael Gutter, assistant professor of family financial management at the University of Florida, advises against involving your insurance company in accidents unless the insured is at fault.

State law may prevent insurance companies from raising rates unless the insured is at fault. However, if the accident is minor, contacting the insurance company may not be advisable.

If necessary, call the company as soon as possible, as sometimes customers will call first. This ensures that the insurance company is informed and protected from rate hikes.

Collect and Exchange Insurance Details

In a car accident, gathering and exchanging insurance information is crucial to make the claims process easier. This includes taking photos of all vehicles involved, including surrounding area markers and exchanging insurance information.

If the other driver has proof of insurance, it may be easier to take a photo. If they cannot produce insurance information, it may be advisable to call the insurance company from the scene to verify coverage.

Writing down details while they’re still fresh is essential for the insurance company to understand the event. Note the direction of travel, the street, and the impact.

Witnesses can also provide information to the insurance company, helping corroborate the accident report and verify what happened.

Be mindful of liability and avoid answering questions or making statements. If the police were called to the scene, answer their questions honestly.

It is generally recommended to not admit guilt and instead let the insurance companies make the decision.

In an at-fault or no-fault state, who decides liability and fault after the accident? It is generally recommended that you do not admit guilt and instead let the insurance companies make the decision.

Decide if Filing a Claim is Necessary

Insurance companies play a crucial role in handling claims related to car accidents. They are responsible for protecting you from potential legal action and ensuring that you are adequately covered.

However, it is essential to inform your insurance company about any accidents, as they are responsible for protecting you from potential damage.

Some cases where an insurance company may be necessary include injuries, significant damage, unclear blame, and inconclusive police reports.

This is especially important in parking lot accidents where there may not be clear lane markings or stop signs to indicate who has the right of way. It is essential to inform your insurance company about any accidents to ensure your protection.

However, it is important to note that you cannot change your insurance coverage after an accident to file a claim for damage that would not be covered, which could lead to insurance fraud and serious consequences.

Keep a Record of Repairs, Appointments, and Costs

During an accident, it is crucial to stay involved in the repair process to ensure high-quality repair work. It is essential to track necessary repairs and ensure the mechanic uses original manufacturer parts.

Insurance companies should handle any discussions with the other driver’s insurance company, and referring them to your insurance company can help them handle your claim.

Keeping receipts of repair work and medical expenses is also beneficial. Tracking appointments, medical treatment, and resulting costs can help ensure you get repaid in full for eligible expenses.

Having proof of repairs may also be helpful if there is a future issue with repair work or if you sell the car and want to pass the information along to the new owner.

By staying informed about the repair process, you can ensure the best possible outcome for your car.

Review your car insurance rates

Insurance carriers offer competitive rates for their policies, especially after an accident. It’s crucial to compare quotes to ensure your carrier still offers the most competitive rates for your circumstances.

Some carriers may not heavily weigh at-fault accidents, while others may charge policy cancellation fees.

It’s also worth contacting your current provider to inquire about cost-saving measures, such as participating in a telematics program, to ensure a smooth insurance process.

Avoid Common Pitfalls

Just as earlier mentioned, common mistakes after an accident include admitting fault, delaying medical attention, and posting on social media. These can jeopardize your case and weaken your claim.

It’s crucial to avoid these mistakes and ensure proper medical attention is given to your case.

File a Claim or Lawsuit

If insurance negotiations fail to provide fair compensation, a personal injury lawsuit may be necessary. The attorney will evaluate the case, and negotiate, and if no settlement is reached, the case may proceed to trial, where a judge or jury will determine the outcome.

Here are 20 legal mistakes you often make and how you can start avoiding them!

FAQs

What are the six correct steps to take after you have an accident?

Below are the 6 Steps To Take After a Car Accident

1. Remain calm.
2. Check for injuries.
3. Move to a safe area.
4. Call the authorities.
5. Exchange information.
6. Document the accident.
7. Notify your insurance.

What are the 5 steps to take if someone has had an accident injury?

Below are things you should do if you experience an accident:

1. Stay Where You Are.
2. Run or shout for Help.
3. Record the event.
4. Report the Accident to Law Enforcement (911).
5. Write Down Information for All Relevant Parties.
6. Take Down Contact Information for Any Witnesses.