When an Accident Happens...

​Some general tips for what to do after a car accident (disclaimer: every situation is different, and these tips are not meant to provide you with legal advice. Consult with a lawyer about your situation, see #6):

1. Be honest, but do not admit fault. It is OK to talk with others at the scene, but be careful. Anything you say at the scene to other drivers, passengers, witnesses and the police may be used as evidence in a future case. Legal fault is not always clear cut--it depends on the specific facts of an accident. 
2. Call the police and file a report. A police report is important documentation when making an insurance claim. Even if there are no life-threatening injuries or damage to the vehicles, you should call the police and file a report. 
3. Call and cooperate with your insurance company. Notify your own auto insurance company about the collision as soon as possible and fully cooperate with their requests. Most insurance policies require you to, or else you may lose the ability to get benefits.
4. Do not talk with others' insurance companies. What you say to other people’s insurance companies may and will be used against you.
5. Get medical care if you are hurt.  I try to avoid doctors when I can. I try to be tough and work through issues on my own. This is a mistake, especially following a traumatic event like a car accident. Get the care you need.
6. Call a lawyer. Most personal injury attorneys, like us, offer free consultations for people involved in a car accident. Take advantage of the free advice. Know your rights.

I learned the importance of many of these tips from my own experience. Two years into law school, I was in my first (and only) car accident.   I left my home around 6am. Only a few minutes from my house, I had just turned left onto a highway when a car in front of me slammed on his brakes and proceeded to make an illegal u-turn across four lanes of traffic.  I hit my brakes too, but I slid into the back left side of his truck before he made it across my lane of travel.

Thankfully I was not seriously hurt. But, the whole front left side of my car was damaged. I knew just from looking at the damage that my car was likely totaled. I remember sitting in my car, in disbelief about what had happened, until the other driver ran up to my car door and asked me if I was "ok."  

He apologized over and over again--telling me that he wanted to avoid the traffic ahead so he had tried to make the illegal u-turn.  He admitted to me that he had slammed on his brakes and that he knew there was no way I could have avoided the accident. Then he said something that I believed at the time, that I now know I shouldn't have: "Don't worry about the damage, I have great insurance--they'll take care of everything."   

As you might be able to guess, the great insurance company did not take care of everything--or anything for that matter. It denied coverage for the accident.  The adjuster told me (incorrectly) that the following driver is always at fault, even if the other driver made a sudden and unexpected stop--or tried to make an illegal u-turn. My own insurance company said they disagreed, but that it wasn't worth their time to dispute it.  I ended up paying for everything out-of-pocket.

Don't make the same mistakes I did. We deal with car accidents and insurance companies on a daily basis. Let us steer you clear of the potential pitfalls and help you get back on your feet.

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