The moments immediately following a car accident are chaotic. Your adrenaline is spiking, you are worried about your vehicle, and you may be in pain. However, the actions you take in these first 60 minutes can make or break your ability to recover compensation later.
Whether it is a minor fender bender or a serious collision, protecting your legal rights starts at the scene. Here are the five critical steps every driver must take.
1. Call 911 and Request a Police Report
Even if the other driver suggests “handling it between us” to avoid insurance hikes, you must call the police. A police report provides an objective, third-party account of the incident. Without it, the insurance investigation becomes a case of “he-said, she-said.” Ensure you tell the officer exactly what happened, but do not speculate on things you don’t know.
2. Document the Scene Thoroughly
Smartphones are your best evidence tool. Before vehicles are moved (if safe to do so), take photos of:
- Vehicle damage (both cars, close up and wide angles).
- Skid marks or debris on the road.
- Traffic signs, stoplights, and weather conditions.
- Visible injuries on yourself or passengers.
3. Gather Witness Information
Passengers in the other car are not neutral witnesses. Look for pedestrians or other drivers who stopped. Ask for their name and phone number. A neutral witness statement can be the “smoking gun” that proves the other driver was at fault.
4. Seek Immediate Medical Attention
This is the most common mistake injury victims make. You may feel fine initially due to shock and adrenaline masking the pain. However, injuries like whiplash or internal bleeding may not show symptoms for days.
- Go to the ER or Urgent Care immediately.
- If you wait two weeks to see a doctor, the insurance adjuster will argue that your injuries were not caused by the accident.
5. Do Not Apologize or Admit Fault
It is human nature to say “I’m sorry” or “I didn’t see you” out of politeness. In a legal context, these can be construed as admissions of liability. Be polite, check on everyone’s safety, but limit your conversation to exchanging insurance information.
The Bottom Line
Insurance companies begin building their defense the moment the accident is reported. You need someone in your corner building your case just as fast. If you or a loved one has been injured, contact our office today to ensure your rights are protected.
