After a car accident, there are a number of things that you need to focus on.
Car Accident To Do List
The most important thing of course is your physical and mental wellbeing. If you need medical attention, then get it. The immediate form of medical attention would be by ambulance to an emergency room. If you are having significant symptoms, that would be the best way to go. If your symptoms are minor and you feel as though medical attention can wait until you can get in to see your primary care doctor, then do that.
My preferred course of action in terms of dealing with clients who have been involved in an auto accident is to have them follow the normal course of treatment. That is through their primary care provider.
Many attorneys refer clients to specific medical groups that will quickly run up a huge medical bill, provide treatment that is of questionable value. In return for that the provider may demand a lien against any settlement proceeds. That certainly is one way to go. I believe that you get a better result in terms of treatment and in terms of the overall credibility of your case if you simply follow the normal course of medical treatment. That normal course of medical treatment is to go to your primary care physician. Have that physician oversee your care.
Car Accident To Do List-At the Scene
At the scene of the accident, if you’re physically able to take pictures, then do so. The most important pictures are of the damage to the two vehicles and of any skid marks on the roadway. If there are fixed objects that somehow created an obstruction that contributed to the crash, those should be photographed before they are removed.
Notify your Carrier
You should have both liability coverage and uninsured motorist coverage. You need to check your own policy to determine what the scope of that coverage is. If it turns out that you were driving a non-owned motor vehicle, then the liability coverage that protects you may be broader. There are other blogposts on this site dealing with the scope of such coverage.
Post-Accident Steps
As part of the overall investigation of the crash, you need to get a copy of the crash report from the police department. Many police departments do not take reports unless the crash involved significant physical injury to one of the participants.
At some point after the accident, the investigating officer should be contacted. See if that officer has the names and phone numbers of any witnesses that may have been identified there at the scene.
You or your counsel should send a spoliation letter. This should be sent to the other driver, their insurer and any other persons with info about the crash.
You should also do a FOIA request. Get any logs of any emergency communications and text messages. Also do a FOIA request to the local government to get any traffic camera video footage or any other video footage of any nearby businesses or cameras.
It’s generally a good idea to also do a Google search to get any overhead views of the crash scene. Get street views of the area where the accident occurred.
Dealing with the Opposing Insurance Company
Dealing with the insurance company for the other motorist can be challenging. That carrier probably will want to take a recorded statement from you. You should not consent to any recordings. They may also want a release in order to get all of your medical records. You should not sign any releases.
The liability insurance carrier for the other driver may also attempt to reach a quick settlement. If you’re satisfied that your injuries are minor and that they have fully resolved, then settling may be appropriate. If there is any doubt in your mind as to whether or not your body has fully recovered from the crash, you should not accept any settlement.
Car Accident To Do List-Drunk Drivers
If the other motorist was drunk or appeared to be under the influence, then you may have a claim against that driver not only for what is called “compensatory damages”. Also you may have a claim for punitive damages. Virginia recognizes claims for punitive damages based upon the blood alcohol level being greater than 0.15. Also punitive damage claims may be possible where that particular circumstance does not exist. That is, you may be able to pursue what is called a “common law punitive damage claim”.
Is the Other Driver Insured?
You will probably quickly find out whether or not the other driver is insured. Their insurance company may be in touch with you. If there is no such contact forthcoming then that may be a clue that they are uninsured. If they are uninsured, you need to make sure that you make contact with your own auto carrier. Under any circumstances, you should have immediately notified your own auto carrier of the crash even though you do not expect to be making any claim against your policy. There may be a basis for a claim against your policy for what is called “medical payments” coverage. Also potentially for what is called “uninsured or underinsured motorist coverage”.
Distracted Driving
If the other motorist was using a cell phone at the time of the crash, that may be significant. Even though the person may be speaking on a phone in a hands-free mode, that doesn’t mean that they’re not looking at some other device in their car. If you have reason to believe that the person was on a cell phone at the time, it’s going to be important to make sure that evidence is preserved. In that regard, a letter should be sent to that motorist and also to their insurance company advising them to preserve all such evidence. The evidence that needs to be preserved is all of the data and meta data that may be on the phone or on whatever device they were using at the time of the crash.
Car Accident To Do List-Black Box
Most vehicles now contain what is called a “black box” or an “electronic data recorder”. There may also be different navigation systems within certain cars. All of these have different types of data. All of this data needs to be preserved. A letter should be sent to the person who has custody of the other vehicle confirming that all of that data will be protected.
Consult With a Personal Injury Lawyer in the DMV Area for Your Car Accident Case
Call or contact us for a free consult. Also for more info on car accidents see the Wikipedia pages.
Also see the post on this site dealing with accident investigation issues.
For a Free Phone Consultation about your case, contact us today.
