A Few Simple Things to Do If You Are in a Car Accident

It can happen to anyone at anytime. You're on your way to work (home, the movies, etc) and out of the blue you're hit by someone who is not paying attention. Maybe they're texting or fiddling with their iPod, or maybe they just thought they could beat the light. Even if you're not hurt, getting in a car wreck can be a huge hassle. But it can go from a moderate inconvenience to a life changing event if you're injured.

There are several simple things you can do to avoid problems later on. Many of these things apply whether or not you're hurt.

First, try to get as much information from that person as possible. If you have access to a camera (in your car, on your cellphone), take some photos of the scene, the location of the vehicles, and the damage to both cars.

If you can, get a police officer to show up to the scene to take down the facts and determine fault. Unfortunately, the police may not always show up to the scene of an accident, and if they do, it may take a long time. Your cars may have to be moved from the scene, the person that caused the wreck may start thinking about how they can't afford to have their insurance rates go up and so they start making up a story of how it's not really their fault. It can be helpful to have a police officer prepare a report about the collision later on. The officer's report may or may not be used as evidence depending on the jurisdiction, but it can avoid headaches if problems with blame (liability) arise later on.

You want to notify your insurance company promptly. When you got that policy, in fine print it created a duty for you to cooperate with the insurance company. That means letting them know when you get in an accident and to answer their questions truthfully. You're not expected to know everything, but you should answer their questions to the best of your ability.

You do not have the same obligation to the insurance company for the person that hit you. This is where it gets complicated and you may want to consult a lawyer. In most states, lawyers who represent people in car accident cases, are paid on contingency (they only get paid some percentage of what they recover for you...if you don't get anything...they shouldn't get anything). So it's ok to consult a lawyer since they should not be charging you for talking to them on the phone.

The at-fault insurance company will often times contact you after an accident and try to ask you about the facts of the wreck and whether you were hurt. If you tell them you are hurt, they will probably ask you a series of questions that sound like they're trying to gather information, but is most likely going to be used against you later on. For example, if you tell them that you don't think you are hurt, and then you start hurting a couple days later, expect the insurance adjuster to try to use your earlier comment against you. Remember that the at-fault insurance company adjuster is probably rewarded by paying you as little as possible. Often they'll offer to pay you $500 by the end of the week if you sign a release giving up any right to compensation for your injuries later on. So be careful, if you can avoid talking to the at-fault insurance adjuster, you should.

If you have to talk to them, for example to get your car fixed and to get a rental car. You can tell them that you would rather not discuss your injuries until the property damage portion of your case is resolved. The adjuster may be aggressive or artificially friendly, but either way, stand your ground.

If you decide to try and settle your case without a lawyer, and sometimes that is the best thing to do, make sure you do not settle your injury claim until you are completely healed from your injury. I have received too many phone calls to count from people that settled their case quickly and then it turned out they were hurt worse than they thought and want to get out of the settlement. Try not to get into that situation.

Please feel free to call to speak to Doug at 253-854-7440

Email Doug at doug@levinsonlawoffices.com