The 8 Critical Steps You Need to Take After a Car Accident
A car accident, whether minor or severe, is a jarring experience that can trigger shock, disbelief, and frustration. Yet, despite the rush of emotions, your actions in the moments right after the crash can greatly influence the course of the next several months.
Following these eight steps can help protect you if another driver files a lawsuit and ensure you have the evidence needed to prove your damages—whether you’re dealing with an insurance company or pursuing a claim in court.
Step 1. Don’t Leave the Scene
Stay where you are. Never leave the scene of any car accident you’ve been involved in, even if it’s a minor fender bender. If you leave before law enforcement officers permit you to do so, they could charge you with hit-and-run or leaving the scene of an accident, both of which represent serious criminal charges.
Step 2. Check Yourself and Others for Injuries
Check to make sure that neither you, your passengers nor any other driver or passenger has sustained an injury requiring medical attention. If anyone seems to be in distress, use your cellphone to call 911 and request first responders, an ambulance, and law enforcement assistance. Never attempt to move an accident victim unless leaving him or her in the car puts him in immediate danger, such as from fire.
Step 3. Contact Law Enforcement
Even if no one sustained injuries, you still need to call 911 and request law enforcement assistance. Do not move any of the vehicles involved in the accident until officers permit you to do so. They need to know where all vehicles ended up to diagram the scene. If it’s a serious accident involving major damage to your vehicle, call your tow service and give them a heads-up.
Step 4. Obtain Other Drivers’ Information
While waiting for officers to arrive after a car accident, collect information from all other drivers involved in the accident, including the following:
- Full name, address, phone number and email address
- Driver’s license state and number
- Auto insurance company name, policy number, and phone number
Use your phone to snap clear photos of each driver’s license and insurance card. Don’t just rely on verbal exchanges. You’ll also need to share your information with the other drivers. Keep the interaction calm and courteous, but avoid apologizing or suggesting you may have caused the accident.
Step 5. Take Photos
Continue using your cellphone to take pictures of your vehicle and each additional vehicle involved in the car accident. Make sure to get a photo of the following for each vehicle:
- Its make, model, color and VIN
- Its license plate number
- Any evidence of prior damage
- Any evidence of new damage
Next, take photos of any of the following that exist:
- Skid marks
- Any nearby barriers or traffic flow markers
- Any nearby stop signs and/or traffic signals
- Nearby street lights, especially if it’s nighttime and one or more of them is not working properly
- Nearby security cameras
Step 6. Make a Police Report
When officers arrive, jot down each one’s name and badge number. Answer their questions honestly, but don’t volunteer any unasked-for information, especially your thoughts on exactly what happened or who caused the car accident. Again, say nothing that indicates you think you might have caused the accident. This is called an admission against interest and could come back to haunt you later. Be sure to ask the officers for the number of their police reports. Also ask when and where you can get a copy of it, including how much it will cost you.
Step 7. Call Your Insurance Company
Finally, call your auto insurance company. Explain that you have been involved in an accident and give them its location and the approximate time it happened. Once again, do not speculate on who or what caused the accident. Tell them that the police are on the scene and conducting an investigation, and give them the police report number.
Step 8. Call an Attorney
While you need not contact an attorney immediately after your car crash, you should consider contacting an experienced personal injury attorney in the next day or two, even if neither you nor your passengers suffered any apparent injuries. Remember, injury symptoms, especially those involving whiplash and/or bruising, often take a while to show up. In addition, you have no idea at this point as to whether or not one of the other drivers or passengers may sue you.
How a Car Accident Lawyer Can Help
Even if no one ultimately sues you, you may wish to sue them. At the very least, you probably will need to file a claim with your own insurance company. Any of these can become very complicated very quickly. An experienced car accident attorney can give you the advice, counsel, and representation needed to guide you through the legal process(es), doing such things as the following:
- Communicating with your and other drivers’ insurance companies
- Collecting and organizing your medical records
- Filing a lawsuit on your behalf
- Negotiating with the insurance company or companies involved to get you the compensation you deserve
- Trying your case to a jury if the insurance company/ies refuse to give you a fair settlement
For the most part, car accident and personal injury attorneys work on a contingency fee basis. What this means is that you owe nothing unless and until the attorney obtains a favorable settlement or judgment for you. When (s)he does, a percentage of your recovery will go to pay your legal fees, plus enough additional money to pay any of your medical bills that remain outstanding.
Work With an Experienced Local Car Accident Attorney
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.