If you have been involved in a car accident, what you do afterward will make much difference in terms of the compensation you can get. You have the legal right to pursue compensation if another party is to blame for the accident. However, you might not recover the damages you deserve unless you act accordingly. Here is what you should do to maximize your chances of recovering your rightful compensation after a car accident.
Do Not Leave the Accident Scene
If anybody other than you was injured or killed, stay at the accident scene until you have exchanged info with other involved parties unless you require urgent medical attention. If police officers are investigating the scene, do not leave without their permission. Failure to remain at the scene amounts to the Nevada hit-and-run crime, a felony punishable by imprisonment for up to twenty years. If it was only property damage, you could legally leave the scene once you identify yourself to the involved parties. Failing to identify yourself amounts to a misdemeanor hit and run.
If the other parties involved in the accident fled the accident scene, call the police. And if the law enforcement officers can find them, you can bring a personal injury claim against their insurers. However, if they are never found, you could still recover compensation from your insurance company if you possess underinsured or uninsured motorist coverage or collision and comprehensive coverage.
Check for Injuries
Check if anybody was hurt, beginning with you and the occupants of your vehicle. Then if it is safe to do so, check on the other involved drivers and the occupants of their cars. Should you discover that anyone was hurt, call 911 immediately. If you are unsure if making the call is necessary, just do it anyway.
Do not provide aid that is beyond your training. And except if a victim faces immediate external danger (for example, from a fire), do not move anyone.
Seek Medical Care, If Need Be
If you have been hurt in an auto accident, you want to acquire medical attention for your health and the personal injury claim you may file in the future.
If you have been seriously hurt, emergency services will likely come to the accident scene to carry you to the nearest hospital to receive the necessary medical attention. But what if it was a minor accident with no noticeable discomfort, immediate injuries, or pain?
Victims of car accidents mostly do not even realize they have sustained injuries. One of the reasons why they fail to know is that when involved in an accident, our bodies respond to the collision’s stress and pain signals by generating morphine-resembling hormones known as endorphins. Adrenaline and endorphins block the pain until the mind and body have recovered from the accident stress. Due to this, it may take hours, days, or weeks for serious discomfort or injuries to manifest after a vehicle accident.
Therefore, the lesson here is that whenever you experience injury symptoms after an auto accident— dizziness, numbness, pain, whatever it may be— see a doctor. Do not assume the symptoms or your injury will disappear by themselves. Do the safest thing and have a doctor check you out.
Continue With Treatment Until Your Medical Provider Tells You It Is Enough
After an auto crash, if your medical provider diagnoses a given injury and starts treatment, continue with the treatment until they determine you cannot continue with it anymore. We have two primary reasons why you should complete your treatment. One is that your medical provider is better placed to establish how severely you are hurt and recommend the ideal treatment— to assist you in recovering faster and ensure you are comfortable while you recover.
The other reason is that your medical provider's records about your hospital visits and treatment are the ideal way of documenting and verifying the extent and nature of your injury/injuries and the duration and course of your treatment. This verification is critical if you file an auto accident personal injury claim later. Medical bills and medical treatment are significant elements of damages in personal injury cases.
Review Your Physician's Treatment and Medical Records
If you are undergoing treatment for injuries resulting from an auto crash, ask your physician for copies of your treatment and medical records. Go through them carefully and ask your medical provider to correct any mistakes you discover.
When reviewing the records, focus on the accident’s description. Usually, this is one of the initial entries in the medical records. Did the physician describe the accident correctly, or did they misunderstand some facts? Does the report state that your vehicle was hit on the occupant's side when realistically, it was hit on the motorist's side? Does the report indicate you were driving at about 35 miles per hour when in the real sense, you were driving at 25 miles per hour like the accident's police report states?
Discrepancies such as these must be pointed out and corrected because personal injury attorneys and insurance adjusters siding with the other parties involved will use them to prove the accident did not occur the way you say it did. Additionally, ensure the treatment records correctly outline your symptoms.
Lastly, check to ensure your medical provider did record your medical history correctly. If they have stated you have neck-related problems like the one they are treating, yet you have never experienced any neck-related issues previously, or their notes do not tell the whole story, you should have that info clarified or corrected. If you file a personal injury lawsuit, the defense side will always scrutinize your medical history to find something (like a pre-existing condition) it can use as the actual reason for your current signs and symptoms. Therefore, ensure you have an accurately-recorded medical history, particularly as far as pre-existing conditions are concerned.
Move to Safer Location
If safe to do so, move your vehicle to the shoulder or a place you see safe. Autos blocking traffic may lead to further injuries. However, leave the automobiles wherever they are if it is dangerous to move them. Also, you should leave the autos wherever they are until police officers arrive if a person is severely injured or killed unless the vehicle poses a substantial hazard.
Contact Law Enforcement Officers
If you had called 911, a law enforcement officer would possibly be sent to the scene. If nobody seems hurt, you must contact law enforcement if damage to property amounts to $750. It is usually impossible to determine the precise value of damage; thus, it is often ideal to file a police report.
A police officer will talk to everybody involved in the crash and compile a police report. A police officer's presence could also be valuable if it is determined the other motorist was driving while intoxicated or without auto insurance. Write down the badge number and name of the officer at the scene and, if possible, the police report number.
Collect Information
After you have ensured nobody is severely injured or killed, sought medical care for those hurt, and moved the vehicles, if appropriate, collect proof that would be useful when you file your personal injury claim or lawsuit. When it comes to collecting evidence, you should:
- Photograph or write down:
- The license plate number of any other car that was involved in the crash
- Their model, color, make, and year
- If possible, their VIN (Vehicle Identification Number)
Usually, the Vehicle Identification Number is listed on the motorist's insurance and registration card. However, you should confirm it personally, especially if the motorist is uninsured. However, do not try obtaining the VIN of another driver's car if the motorist is not willing to cooperate. Touching someone else's vehicle without their permission is unideal. Also, ensure to give your information to other involved drivers irrespective of who was to blame for the collision.
- Take pictures— if you can, and it is also safe, take photos of the accident scene and any damage to the cars. Capture any traffic signals, skid marks, and conditions of that area in your photographs. For instance, if the crash happened at a four-way stop, but your stop sign is missing or lying face-down, capture this in a photo. This could help solve the liability issue.
Check the area to see whether there are any cameras nearby, like doorbells or surveillance cameras. Note their location and the person you may have to reach out to obtain a copy of the footage. Taking pictures is the only chance to document what took place in real time. This will assist you in proving fault and recovering maximum compensation.
- Write down the name, physical address, phone number, email address, insurance information (insurance company name and policy number), and driver's license number of the drivers involved.
- Note down the names, and current contact info, including the phone numbers and addresses of the witnesses at the accident scene and everyone involved in the accident, so that you can easily track them down to testify when you file your personal injury claim or lawsuit.
- Keep all records— even if you think it may not be crucial, keep all the records from the car crash, including any correspondence with the other driver/drivers and insurance companies.
Legally Report the Crash, If Necessary
If the accident led to death/bodily injury or property damage worth $750 or higher, you must inform the Nevada Department of Motor Vehicles within ten days of the collision.
Not doing so could lead to your driver's license suspension for a year. Additionally, you should inform your insurer if another party was involved in the crash. Most insurance companies require that you report any accidents. If the accident was not your fault, your insurance rates will not increase. If you were to blame, early reporting could lead to the insurance provider having a higher chance to defend your personal injury claim.
It would be a judgment call case if nobody else were involved in the crash. Consumer reports recommend reporting all kinds of accidents except for single-car, low-speed mishaps (like backing into a garage or fence) where no injuries were experienced, and property damage is close to your collision deductible amount.
Do Not Say You Are Not Injured
Even if you think you were not hurt, do not tell the other involved parties that. Injuries to the soft tissues may take several days to manifest. Telling the other involved parties you are fine gives their lawyer or insurance company ammunition to reduce or deny your claim.
However, do not lie and tell them you are injured if you are not or do not know. Merely keep your options open until you have a few days to seek medical care if need be and see how you feel.
Do Not Admit Fault
This point cannot be stressed enough. Do not agree to any mistake on your part, even if you think or believe you were to blame. The other motorist could be partially at fault, or you could be mistaken about what caused the collision.
Admitting fault or apologizing to the other party may cost you the cash you need not pay or prevent you from recovering the damages you deserve. Asking if the other involved driver is hurt or requires medical help is okay. Should the other motorist pressure you to take the blame, politely ask them to contact your insurance provider.
Record What You Recall About the Accident
When practical, note everything you recall about the crash, including:
- The date and time of the crash
- The cross streets and direction each vehicle was traveling
- Any negative road conditions
- Your estimate of every motorist's speed
If you suffered bruises, cuts, or other physical injuries, photograph them or ask a friend to do so. The more proof of injuries you have, the higher your chances of obtaining your rightful compensation.
Hire an Attorney
A skilled personal injury lawyer can assist you in protecting your legal rights and determining whether you are entitled to recover damages. Specifically, a lawyer will help you by:
- Communicating with the insurer of the other involved driver
- Obtaining the required proof regarding liability for the collision
- Organizing your medical bills and records
- Communicating with your doctor to acquire missing records
- Working with your health care provider to ensure they provide all the medical info you require to prove damages after you file a claim
- Organizing and presenting the proof to prove fault and damages
- Negotiating with lien holders on your claim (for instance, workers' compensation, health, or disability insurers) to possibly lower the amount of those liens
- Filing a personal injury claim
- Negotiating a fair settlement with the defense attorney or insurance adjuster
Do Not Speak to the Insurance Company of the Other Involved Driver
You are not lawfully required to talk to the other insurer's representative in the absence of your lawyer. The first time the insurance adjuster of the other motorist's insurance provider calls you is likely soon after the car accident. However, they will not be calling to check how you are doing or chat with you. The adjuster serves the insurer's interests, and the objectives of this conversation will include:
- Persuading you into saying something that may make it simple for them to pin liability for the collision on you
- Talking you into accepting a quick settlement, perhaps before you have even decided to file a claim and before you know how severely you are injured. Once you have accepted a settlement, you would have lost the right to pursue further action with respect to the accident. Therefore, if you are injured more severely than you are aware of or require more medical attention than you or your physician thought, you cannot go back to ask for further compensation.
All this implies if the insurance provider of the other driver reaches out to you after an auto crash, firmly but politely tell them any of these that may apply:
- You will not discuss the accident specifics, how it occurred, or who is to blame
- You are still undergoing treatment for the injuries you suffered from the accident
- You will not accept any funds from them at this time, you will not sign anything, and you will not talk settlement
- You are working with your auto insurance provider and lawyer to figure out your options
If the insurer keeps contacting you, stay calm, repeat all or some of the above talking points, and tell them to call your insurance provider if they need additional information regarding the accident. You could also tell the adjuster that you are thinking of turning your case over to a lawyer if they do not stop contacting you.
Find an Experienced Personal Injury Attorney Near Me
It is easy to be shaken after an auto crash. Accidents can happen in a split second, and you may need days before you can start processing the trauma you have experienced. However, what you do after the accident determines whether or not you will receive compensation. Therefore, you should do everything possible to protect your right to compensation in a crash that is not your fault. Please take time to recover, but also ensure you protect your legal rights.
One of the critical steps you can take toward protecting your rights is hiring an experienced personal injury lawyer. At Las Vegas Personal Injury Attorney Law Firm, our lawyers will immediately start with gathering evidence to prove your claim once you hire us. This will place you in the best position to recover fair compensation from the liable party. We will also help you through the claim or lawsuit filing process and take care of all legal technicalities on your behalf. Call us at 702-996-1224 if you have been involved in a car accident in Las Vegas to learn more about how we can help you obtain the compensation you deserve.
