What to do after an automobile accident

Do not leave or attempt to flee the scene. In most jurisdictions, this is a felony.

Make sure that you do the logical things. Take a serious assessment of your injuries, if they are obvious. Do whatever logically needs to be done to protect your life and immediate safety. If you are not otherwise in danger, don’t try to move if there is any possiblity of a serious spine injury.

Contact the police. Don’t move your vehicle before the police arrive, unless it is absolutely necessary to avoid further danger or traffic collisions. Give a complete report to law enforcement, but do not embellish or admit fault. Make sure to let law enforcement know if you are injured, or in pain. Do not say “I’m OK, or I’m not hurt.” It’s better to say honestly that you don’t know. The police report will likely be seen by the insurance carrier and the police officer may eventually testify in Court. You want to avoid making statements that could hurt your case.

Exchange basic information with the other driver(s): Name, address, phone, email and your Insurance Carrier and policy information. Keep the exchange to a minimum. DO NOT under any circumstances admit any Fault.

Take photos if you have your phone or a camera. Get photos of your car and the other cars as well as the scene. If any witnesses are present, be sure to get their names and contact information. Put the information in your phone if you don’t have pen and paper. A witness, present at the scene, is sometimes unmentioned in a police report. Get photos of the scene and the position of the vehicles.

Get appropriate medical care IMMEDIATELY. Any gap in treatment could seriously hurt your case, not to mention your health. It is best to visit and ER and be evaluated by hospital doctors who will do a full range of tests and treatment appropriate for motor vehicle injuries. DO NOT let your first treatment be with a chiropractor. Follow up with all reasonable recommendations from your Doctor and Health Care providers to optimize your recovery and to protect the record and the value of your case. Do not be too quick to tell your Doctor or any other health care provider that “I’m fine” or “I’m OK.” This can seriously hurt your case if, in fact, you end up seeking additional treatment.

Follow up with YOUR Insurance Company. DO NOT GIVE A STATEMENT OR TAPED STATEMENT to the other parties’ insurance carrier, or any “Investigator”. THIS WILL MOST LIKELY BE USED AGAINST YOU. YOU ARE NOT REQUIRED to speak to the other party’s insurance carrier. If you have an attorney, your attorney can communicate with the other side’s insurance carrier for you. Communication with the other side’s insurance company should be kept to the minimum information necessary for them to know that you were in an accident and you are pursuing your claim. Do not engage in discussions about your health DO NOT GIVE MEDICAL RELEASES or any authorization to the other party’s insurance carrier. REMEMBER, the other party’s insurance company is NOT YOUR FRIEND and they are seeking any information they can to deny your claim. If you are pressured, you should respond that you are not giving any (more) information until you speak with your attorney.

DO NOT TALK to friends or other individuals about your case, anything you tell someone could turn into testimony in court or a deposition that could hurt your claim. DO NOT, NOT, NOT put anything about your auto collision or injuries on Facebook or any other Social Media site – These can be turned against you in Court.

Keep a file with all bills, records, names, addresses, hospital or doctor instructions, or anything else related to your case.

DO NOT SIGN any kind of Release for the other party’s insurance carrier, EVEN IF YOU ARE TOLD IT IS NECESSARY FOR THE REPAIRS TO YOUR CAR until after you speak with an attorney.

Contact an experienced personal injury as soon as practical after the accident. This is necessary to be informed and to protect your rights. Nearly all personal injuries lawyers are willing to discuss your case for free, so there is no need to wait. The longer you wait, the more likely that you will do things that can harm your case.