Car Accident 101

1. Introduction

The moments after a car accident can be incredibly chaotic. You may be reeling from intense pain and shock, as well as confusion as to why and how the crash happened. At DK Law, we understand the challenges you face, and we’re dedicated to guiding you from your initial consultation all the way to securing the compensation you deserve. 

This guide provides essential steps to take immediately following a vehicle collision, ensuring you protect your rights and well-being. From gathering critical information at the scene to understanding your legal options, we’ll walk you through the entire process. Let’s get started. 

*Please remember that the information provided is for general guidance only and should not be considered a substitute for professional legal advice. Consult with a qualified attorney for advice tailored to your specific situation.

2. Steps to Take After a Car Accident

1. Ensure Your Safety and Check for Injuries

Your safety matters. First, if you can, move your vehicle to a safe location, away from traffic. Then, check yourself and others for injuries. It’s crucial to remain at the scene of the accident, as leaving can be a sign that you are trying to avoid responsibility. 

2. Call the Police

Immediately call 911 and report the car crash. The authorities and emergency personnel will arrive at the scene. The officer will create a police report, which is a detailed summary containing facts about the accident. It is also valuable evidence used to establish fault. If you are injured, you will likely be transported to the emergency room. 

3. Exchange Information

If you are able to remain at the accident scene, exchange the following information with the other driver(s) involved:  

• Names and contact information
• Driver’s license numbers
• Vehicle registration information
• Insurance information

If witnesses are present, collect their contact information, as well. If you are not able to gather this information, don’t worry. The police officers will gather as much information as possible to include in the accident report, which you can obtain at a later time. 

4. Document the Scene

If you remain at the accident scene, take videos of the damage to the vehicles, street signs, road conditions, and any visible injuries. 

Be careful not to discuss fault or details with the other driver. Do not apologize or admit blame, even if you feel the accident was partially your fault. 

5. Seek Medical Attention

Even if your injuries do not appear serious following the accident, always seek medical attention. Severe injuries may not be apparent, and only a qualified physician can accurately identify the level of injury. 

It’s important to follow up with a medical professional to prevent injuries from progressing. If you neglect treatment, the other party’s insurance may accuse you of not being injured. 

6. Notify Your Insurance Company 

If you were in an accident that involved an injury, you must notify your insurance company within 24 to 48 hours, even if you were not at fault. Failing to do so can result in the denial of your claim. 

When speaking with the insurance adjuster, stick to the facts of the collision—nothing more. Contacting your own insurance company is especially important if the other driver who hit you was uninsured or underinsured. 

7. Talk to an Attorney 

Contact a car accident attorney as soon as you can after your accident. Lawyers help victims navigate the legal process and negotiate a fair settlement with the other party’s insurance. 

Auto insurance companies often pressure accident victims to settle quickly and for a lower amount than they are entitled to. Before accepting any offers, it’s important to consult with a lawyer to fully understand what legal options are available. 

3. Common Mistakes to Avoid After a Car Accident

Avoid these pitfalls that could hurt your case:

• Posting about the accident on social media
• Leaving the scene
• Forgetting to document evidence
• Apologizing or admitting fault
• Not seeking immediate medical care
• Giving a recorded statement to insurance without a lawyer
• Accepting a low settlement too quickly

Timeline of a Typical Car Accident Case

Timeframe	What Happens
Day of Accident	Call police, seek medical care, notify insurers
Week 1-2	Continue medical treatment, gather evidence, consult a lawyer
Week 3-8	Investigation phase (accident reconstruction, medical documentation)
Month 2-4	Demand letter to insurance; settlement negotiations
Month 4-12	File lawsuit if necessary; litigation begins

4. Importance of Knowing Your Rights

Unfortunately, many accident victims are unaware of their rights after a crash. They may also feel scared or intimidated by the insurance and legal processes, preventing them from taking legal action. Don’t let this be you. 

In an at-fault state, it is the at-fault driver’s responsibility (namely, their insurance) to cover all of the related costs – medical bills, vehicle repairs, and missed income from work. You should never be on the hook for these costs if you did not cause the accident. 

When it comes to serious accidents and injuries, you may hit a wall if you try to file an insurance claim on your own. Insurance companies are for-profit businesses, meaning they are not inclined to pay you what you deserve. This is where a lawyer comes in. 

Car accident lawyers have a keen sense of justice and fairness. When you hire a lawyer, you know the insurance company isn’t going to play hardball. Knowing you have legal representation fighting for you can give you true peace of mind. 

5. Establishing Fault & Liability

If you’ve been in a car accident, your attorney will gather evidence and advocate on your behalf to prove the other party’s liability.

Lawyers are liability experts, trained at identifying, analyzing, and navigating the complexities of insurance claims and legal proceedings. 

Negligence in Car Accidents

In legal terms, negligence is the failure to exercise reasonable care that a prudent person would under similar circumstances, directly harming another person.

In the context of car accidents, negligence typically involves a driver’s failure to operate their vehicle safely. Examples of driver negligence include: 

1. Speeding
2. Distracted driving
3. Drunk driving
4. Running red lights
5. Failure to yield
6. Tailgating 
7. Reckless driving

Establishing negligence in a car accident case typically involves proving four key elements:  

1. Duty of Care: The at-fault driver had a legal duty to operate their vehicle with reasonable care for the safety of others. All drivers have this duty.  
2. Breach of Duty: The at-fault driver breached this duty by acting negligently (e.g., by speeding, texting, or running a red light).  
3. Causation: There must be a direct link between the at-fault driver’s negligent act and the resulting accident and your injuries or damages. This means that the accident would not have occurred if not for the driver’s negligence.
4. Damages: You must have suffered actual damages due to the accident, such as physical injuries, property damage, lost wages, or pain and suffering.

Comparative Negligence

In comparative negligence states, the fault for an accident can be shared between the involved parties. Unlike states with contributory negligence rules, comparative negligence allows you to recover damages even if you were partially at fault for the accident.  

Shared fault occurs when the evidence indicates that both drivers involved in the accident contributed to its cause. For example:

1. Driver A ran a stop sign, but Driver B was speeding excessively.
2. Driver C made an unsafe lane change, but Driver D was distracted while driving.
3. Driver E failed to yield the right-of-way, but Driver F could have taken evasive action to avoid the collision.

In such scenarios, investigators, insurance adjusters, or a jury (if the case goes to trial) will assess the actions of each driver and assign a percentage of fault to each party.

Understanding comparative negligence is crucial because it means that even if you believe you were partially responsible for the accident, you may still be entitled to some compensation. 

Your attorney will advocate to limit your responsibility based on the evidence.

6. Potential Damages in a Claim

The main goal of filing a car accident claim is to recover damages, which are the monetary compensation you seek for the losses and harm you’ve suffered from the accident. These damages are broadly categorized into economic and non-economic losses. 

Economic Damages

Economic damages are intended to compensate you for financial losses from the accident. These are typically quantifiable and can be supported by bills, receipts, and other documentation. 

They include: 

1. Medical expenses 
2. Lost wages 
3. Property damage
4. Rehabilitation costs
5. Funeral expenses 
6. Loss of earning capacity 
7. Other out-of-pocket expenses

Non-Economic Damages

Non-economic damages are intended to compensate you for the intangible losses you’ve suffered, which are more subjective and harder to assign a specific monetary value to. These damages relate to the emotional and personal impact of the accident and your injuries. 

They include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Disfigurement or scarring

Punitive Damages 

Punitive damages are a form of compensation awarded in rare cases where the at-fault party’s conduct was particularly malicious or reckless. Unlike compensatory damages, which aim to make the injured party whole, punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.

These damages are not typically awarded in most car accident cases and require a high burden of proof to be established. 

7. Understanding Your Insurance Coverage

The type and extent of your car insurance coverage play an important role when determining your compensation. Let’s break down the different types of car insurance: 

Liability Coverage

Liability coverage protects you if you are found at fault for an accident that causes injury or property damage to others. It covers their medical expenses, lost wages, property repair costs, and other related damages, up to your policy limits. Similarly, another driver’s liability coverage would cover your expenses if they are at fault. 

This type of coverage is mandatory in the U.S., while the minimum liability amounts vary from state to state. Liability insurance protects a person’s assets in case of a serious accident resulting in injury or damage.

Collision and Comprehensive Coverage

Collision coverage pays for damages to your vehicle resulting from a collision with another vehicle or object, regardless of who is at fault. This can include hitting another car, a tree, a guardrail, or even a pothole that causes significant damage. Your deductible will typically apply to collision claims. 

Comprehensive coverage protects your vehicle when it is damaged from events other than collisions—think natural disasters, falling objects, fire, theft, vandalism, or contact with animals.

Uninsured or Underinsured Motorist Coverage (UM/UIM) 

UM/UIM coverage protects you if you are in an accident with a driver who does not have insurance (uninsured) or does not have enough insurance (underinsured) to fully cover your injuries and damages. 

UM coverage typically covers your bodily injuries, while UIM coverage kicks in when the at-fault driver’s liability limits are insufficient to cover your losses. 

Pro tip: Our attorneys at DK Law highly recommend having UM/UIM coverage! 

Medical Payments Coverage (MedPay) 

No-fault medical coverage, such as MedPay, is optional in many states. It pays for medical expenses for you and your passengers who are injured in a car accident, regardless of who is at fault. 

This coverage can help pay for immediate medical bills, deductibles, and co-pays, and it can be used regardless of your health insurance. Policy limits for MedPay are typically lower than liability coverage.

Dealing with Insurance Adjusters

You should always exercise caution when communicating with insurance adjusters. While they may seem helpful, their primary allegiance lies with their employer – the insurance company – whose goal is to minimize payouts.

💡 Here are some tips to keep in mind when speaking with the insurance adjuster:

1. Be Polite but Reserved

While it’s important to be polite and cooperative when providing basic information about your accident (date, time, location, vehicles involved), avoid lengthy discussions about the details of the incident or your injuries. Stick to the factual information you’ve already provided in the police report or initial claim.

2. Stress the Importance of Not Admitting Fault

Under no circumstances should you admit fault or make statements that could be interpreted as an admission of fault. Even seemingly innocuous phrases like “I’m sorry this happened” can be twisted and used against you. Focus on the facts as you know them and avoid speculating about the cause of the accident. Let the investigation and legal processes determine fault.

3. Limit Recorded Statements

Insurance adjusters may request to take a recorded statement from you. You are generally not legally obligated to provide one, especially if you have an attorney. Politely decline and state that you will communicate through your attorney. 

4. Be Wary of Quick Settlement Offers

Insurance companies may offer you a quick settlement shortly after the accident. While this might seem appealing, these initial offers are often far below the true value of your claim and may not adequately cover your future medical expenses, lost income, or pain and suffering. 

Do not feel pressured to accept any offer without fully understanding the extent of your injuries and damages and without consulting with an attorney.

5. Document Everything

Keep detailed records of all communications with the insurance adjuster, including the date, time, the adjuster’s name, and the substance of the conversation. Save all emails and letters. This documentation can be valuable if disputes arise later.

8. When to Hire a Lawyer

You may still be asking yourself, “But do I really need a lawyer?” Many car accident victims feel that legal representation is an unnecessary expense or a hassle, especially when dealing with insurance companies that may initially seem helpful.

However, if you’re dealing with a serious injury and expensive medical bills, going through your own insurance may not yield the results you want. 

Situations Where a Lawyer Is Highly Recommended

• Serious injuries
• Disputed fault
• Complex legal issues
• Unfair insurance practices

For more serious incidents, securing legal representation can significantly increase your chances of recovering the full compensation you deserve for your medical costs, lost income, and pain and suffering. 

When a Lawyer Is Not Recommended

• No injuries
• Minor vehicle damage

If you did not suffer injuries in the accident, hiring a lawyer is generally not needed. You may file a claim with the other party’s insurance company if the other party damaged your car. You may also use your collision coverage under your policy. 

How a Car Accident Lawyer Can Help You

Now that we’ve covered when it’s wise to hire a lawyer, let’s look at how they can support your case.

1. Protect your legal rights

Lawyers help you understand what you may be entitled to and prevent you from making statements or taking actions that could harm your claim. They act as your advocate from the very beginning. 

2. Investigate the accident

A car accident lawyer may review police reports, witness statements, and accident scene evidence. Depending on the complexity of the case, the investigation may take a few weeks or months. 

3. Gather evidence

Your legal team collects and preserves crucial evidence, including medical records, lost wage documentation, repair estimates, and expert testimony, to build a strong and compelling case on your behalf. Once all documents are obtained, your attorney sends a demand letter to the insurance. 

4. Negotiate with insurance companies

Lawyers skillfully communicate and negotiate with the insurance company to pursue a fair settlement that fully compensates you for your injuries and losses. Only a lawyer can protect you from lowball offers and aggressive tactics. 

5. File a lawsuit if necessary 

If a fair settlement cannot be reached through negotiation, your lawyer will prepare and file a lawsuit and provide experienced legal representation in court to fight for your rights and seek the maximum compensation you deserve.

9. Choosing the Right Lawyer

Billboards and TV ads don’t tell the whole story. When choosing a car accident lawyer, you must look for experience and credibility.  After all, it’s not about who shouts the loudest—it’s about who shows up when it matters most.

Here are 5 things you should look for in a car accident lawyer!

1. Experience Settling Car Accident Cases

Not all personal injury lawyers have experience settling car accident cases. Look for a lawyer with a proven track record in settling cases similar to yours (e.g., rear-end accidents, collisions involving serious injuries). 

Inquire about their years of practice, the number of cases they’ve handled, and their success rate in obtaining favorable settlements or verdicts for their clients. Experienced attorneys are familiar with insurance company tactics, local court procedures, and the nuances of vehicle laws. 

2. Communication 

Effective communication is essential for a positive attorney-client relationship. Your lawyer should be responsive, explain legal processes clearly and in understandable terms, and keep you informed about the progress of your case.

Availability is also another big factor. Make sure your attorney can answer your questions promptly. Good communication and availability will help you feel informed and confident throughout the car accident claims process. 

3. Litigation Skills

Evaluate the lawyer’s negotiation and litigation skills. A strong negotiator can often secure a fair settlement without the need for a trial. However, if a settlement cannot be reached, your lawyer must possess the courtroom skills and experience to effectively present your case to a judge and jury. 

Consider their background in litigation, their knowledge of relevant laws and precedents, and their ability to build a compelling legal strategy. 

4. Reviews and Testimonials

While not the sole determining factor, client reviews and testimonials can provide valuable insights into a lawyer’s professionalism, client service, and past results. 

Look for consistent patterns in feedback regarding their communication, effectiveness, and overall client satisfaction. Be sure to consider reviews from multiple sources to get a well-rounded perspective.

5. No Upfront Fees

Understand the lawyer’s fee structure upfront. Most personal injury lawyers work on a contingency fee basis, meaning they only get paid a percentage of the settlement or award they recover for you. 

A contingency arrangement aligns their interests with yours, as they are incentivized to achieve the best possible outcome.

Questions to Ask During a Free Consultation

The free consultation is a great opportunity to see if a lawyer is the right fit. Be sure to ask these important questions. 

1. Who will be working on my case?
2. How much experience do you have with cases like mine?
3. What are your fees?
4. How will you communicate with me?
5. How many car accident cases have you settled?

10. Conclusion

Congrats! You’ve reached the end of this guide! 🎉

Key Takeaways 

After a car accident, prioritize your safety, call the police, exchange information, document the scene, seek immediate medical attention, and notify your insurance company—but be cautious in your communication and avoid admitting fault. 

Finally, consider contacting a car accident attorney as soon as possible to understand your rights in an at-fault system and navigate the claims process, especially given the statute of limitations.

Remember, your safety comes first.