Being in an accident is always stressful. Many people are so overwhelmed that they fail to take appropriate steps to make sure they are protected physically and financially when it happens. Knowing what to do before an accident happens is critical to making the right choices in its aftermath.
Ensure you are physically safe
Motor vehicle accidents can happen anywhere. Personally assessing whether you are safe in the aftermath of an accident can be critical to avoiding additional injury. The safest location after an accident can change dramatically based upon the type and location of the accident you experience.
For example, when an accident happens on a highway, you may be safest by remaining in your vehicle with the emergency flashers turned on. Vehicles approaching at 60 miles per hour bear down at 88 feet per second. Staying in a car may be the difference between life and death if a secondary collision occurs. Sometimes staying in your car and calling 9-1-1 for help is your best option.
On the other hand, if you are in an accident on a deserted two-way street, you may be able to exit your vehicle and assess damages and injuries prior to moving the vehicles.
Whether your accident takes place on a quiet country road or a busy highway, everyone should work to prevent additional injury following an accident where possible.
Call 9-1-1
Motor vehicle accidents that result in any injury or death must be reported to law enforcement. RCW 46.52.030. Even where property damages for any one vehicle exceed a mere $1,000 (WAC 446-85-010), an accident report must be made. For reference, a long enough scrape to paint can easily exceed $1,000 in today’s repair costs. To be safe, if you are in an accident with any injury or even visible injury damage, you should call 9-1-1.
When fault for a motor vehicle accident is not obvious, law enforcement agencies often send an accident reconstructionist to determine what happened. Accident reconstructionist are trained to look at the physical evidence following an accident and take statements from the parties. They process this information using scientifically accepted methods and assess legal fault under the law, which they explain in written reports. These reports can mean the difference between having to file a lawsuit to prove liability in your accident vs. simply having the other driver’s liability insurance company accept fault.
If an officer arrives on scene, they will also assist with the exchange of information, which will allow you to report the at-fault driver to your insurance or attorney. This can be particularly helpful if the other driver is combative or uncooperative after the accident.
Take Pictures and/or Video
Once you have already assessed your personal situation to make sure you are safe, consider taking photographs of the accident scene. Good pictures should include pictures of vehicle placement and damages. For example, if the other vehicle crossed over the center line, a photo showing their car over than line –even partially—is powerful evidence of their fault. If an accident happened in an intersection, the position of the dents and/or physical damage on the vehicles can tell an important story of how the accident occurred.
If the other driver will not exchange personal information or it appears they may flee the scene, a picture of their license plate is typically enough for the police to commence an investigation and for your own insurance to process a claim for UM benefits. If you are in an accident with a commercial motor vehicle, you should take a picture of the USDOT number on their vehicle.
As your claim progresses, if you are injured and you have visible cuts or bruises, you should document those injuries with photographs, so the insurance company does not later attempt to unfairly minimize their seriousness.
Photos and videos can make a big difference in the relative success of your insurance claim or lawsuit
Exchange Information
If possible, you should attempt to gather information from the other driver involved in your accident. You should attempt to collect the other driver’s full name, phone number, address, driver’s license number, the vehicle license plate number, make and model, and the insurance company and policy number.
In some cases, multiple insurance policies will apply. For example, if a vehicle is owned by one person and driven by someone else, multiple policies can apply. If an employee is driving a work vehicle, their personal and the cooperate insurance policies may cover the loss.
Whether you pursue a claim on your own or hire an attorney, gathering information will help you speed the process.
Call Your Own Insurance to Report the Accident
For many claims, reporting an accident to your insurance carrier is mandatory to trigger coverage. For example, many insurance policies only cover losses for hit-and-run accidents if they are reported within a certain number of hours or days of the accident.
You should take heed, however, that insurance claim representatives are trained to gather information from you to minimize the value of your claim. You should report what happened in the accident, but if they start asking you about the nature or severity of your injuries, you should leave it to your doctors or lawyer to explain. If you intend to hire a lawyer, after you report the date, time and parties involved in the accident, you can simply tell your insurance carrier that your attorney will provide them with the other information they need.
If you are contacted by the other party’s insurance carrier, you should always tell them to contact your attorney to discuss the accident.
Contact Us
Once you are safe and have left the accident scene, you should contact us to determine whether your case is right for legal representation. While not every accident requires a lawyer, in cases that do, you will be much better off by hiring one.
An experienced personal injury attorney will shoulder significant administrative burdens following an accident. They ensure doctors and insurers are paid the right amount by the right parties. A good attorney will allow you to focus on recovering from your injuries rather than negotiating with insurance or processing bills.
When the time is right, a personal injury attorney will negotiate a settlement on your behalf or file a lawsuit to recover fair value in your case. Insurance companies typically only offer a small fraction of fair value to unrepresented parties—if they make any offers at all. Because of this, and because personal injury representation is typically performed on for a contingency fee, hiring an attorney to pursue an injury claim on your behalf almost always pays for itself.
