This Blog was brought to you by the J.A. Davis & Associates, LLP principal office in San Antonio

What to Do After a Car Accident

When a motor vehicle accident occurs, it is easy to become confused and forget to collect the necessary information from the others involved. Even a minor collision can leave people nervous and shaken. Keeping a checklist of phone numbers and questions to ask in the same folder as your insurance papers — in the glove compartment or center console — means everything will be in one place when you need it most. More Information about car accidents here.

If anyone is injured, call the police immediately and let them know medical assistance is needed. If anyone involved appears to be under the influence of drugs or alcohol, report that to the police when calling for help. Always call the police regardless of whether there are visible injuries — many insurance companies will not cover an accident without a police report. More Information here.

Information to Collect at the Scene

Once everyone is safe, gathering the right information is essential for both insurance purposes and any potential legal claim. Collect the full names, addresses, and phone numbers of everyone involved — drivers, passengers, pedestrians, and any witnesses who observed the crash. Note whether anyone reported being injured or said they were uninjured, and write down as many details about the accident itself as possible while memory is fresh. Obtain license plate numbers and the make and model of all vehicles involved.

Document the conditions at the time of the crash: weather, lighting, and road conditions all matter in establishing what happened. Note whether any of the vehicles showed pre-existing damage — non-functioning tail lights or brake lights, for example — and whether any vehicles were company-owned. Determine the insurance status of all vehicles and drivers, and if any driver was not the registered owner, get the registered owner’s name, address, and phone number. Note whether any driver admitted fault at the scene, and collect the names and badge numbers of any police officers who respond.

If a camera is available, photograph everything — the accident site, vehicle damage, license plates, skid marks, street signs, traffic signals, and any other physical evidence. Photos taken as soon as possible after a crash are the most valuable. If no camera is on hand, a nearby convenience store may have a disposable one available. An attorney contacted promptly after the crash may also be able to send someone to document the scene before conditions change.

Contacting Your Insurance Company and an Attorney

Contact your own insurance company as quickly as possible. Most policies contain specific requirements about how soon you must report an accident, and failure to do so may result in a denied claim. However — and this is critical — do not answer questions or make statements to the other driver’s insurance company until consulting a car accident lawyer first. Be polite, but decline to discuss any aspect of the accident with opposing insurers until you have obtained legal advice. Insurance adjusters are trained to obtain statements that can be used to reduce or deny claims, and anything said without preparation can work against a legitimate case.

Consider contacting a car accident lawyer immediately, particularly if you believe your own insurer may be unwilling to fully cover the accident, if the other driver was uninsured or underinsured, or if the circumstances of the crash are disputed. An attorney can examine evidence at the scene, gather information, and advise on the best path forward before critical decisions are made.

Medical Care After the Crash

If seriously injured, emergency room treatment will happen automatically. But do not assume that the absence of immediate symptoms means no injury occurred. Many injuries from vehicle crashes — whiplash, soft tissue damage, and serious back injuries — do not manifest symptoms right away. Delayed-onset injuries commonly appear 24 to 36 hours after a crash, and failing to seek prompt medical care can have serious consequences: both for health and for any insurance claim that requires proof the problems were diagnosed and treated promptly and that they were related to the accident.

Do not ignore unfamiliar symptoms or new pain that appears hours after the crash. A serious back injury can begin as nothing more than mild soreness and escalate into a significant long-term condition if left untreated. Report every symptom to a doctor, however minor it seems in the moment. Follow all instructions for care and follow-up. This documentation — that injuries were identified, treated, and connected to the accident — becomes important evidence if a claim or lawsuit follows.

Be sure to inform any attorney about additional evidence that may affect the case: faulty street lighting, malfunctioning traffic signals, defective vehicle equipment such as seat belts or turn signals, and road conditions all play a role in establishing what happened and who bears responsibility.