What you say and how you act in the moments after a motor vehicle accident can have a significant impact on the outcome of your case. Sure, vehicle crashes can be chaotic and emotional. However, some cases have been severely undermined either because someone said the wrong thing or failed to take some critical actions. Here are some tips for how you should interact with the other driver immediately after a car crash.
Your Actions at the Accident Scene
Immediately following an accident with another vehicle, you may feel overwhelmed and even angry. First, check that everyone in your vehicle is doing okay. If anyone requires immediate medical attention, call an ambulance.
You may wish to exit your vehicle to check on the other people involved in the accident. Only do so if it is safe and you feel you can remain calm. If you lose your temper, it could have far-reaching consequences.
One thing you should do immediately after the accident is contact law enforcement. This will help create an official record of the crash that you can use for an insurance claim. You should also take photos and video of the accident scene that you can use for evidence. Finally, get the names and contact information of any witnesses.
How To Interact With the Other Driver at the Accident Scene
Deciding whether or not you will speak with the other driver at the scene of a crash depends on the situation. If either party is seriously injured, having a conversation may not be appropriate. Getting proper medical treatment should take priority.
Don’t Admit Fault
If you do decide to speak with the other driver, keep your emotions in check and stick to the facts. Whatever you do, avoid admitting fault for several reasons. First, you will complicate the insurance company’s legal standing if you admit liability. Second, liability isn’t always clear after a crash.
Don’t Apologize
If the other driver is upset, you might be tempted to apologize. Don’t do this. Legally speaking, an apology could be construed as an admission of fault. Instead of apologizing, see if you can get the other driver some assistance.
Don’t Replay the Accident
One of the first things you might want to ask the other driver is, “What were you thinking?” If you believe the other party was at fault, you might believe it’s your job to get an admission out of them. It’s definitely not.
The more you talk to the other driver, the greater the chance that something will come out that could complicate your claim. It’s best to step back and let the facts speak for themselves.
Don’t Forget To Exchange Information
The exchange of information between drivers after a vehicle crash is customary. Your insurance company needs the other driver’s complete information so they can pursue compensation based on negligence.
If the other driver doesn’t offer the information, request it politely. The information you need includes the driver’s name, address, phone number, driver’s license number, and insurance information. If the other driver refuses to provide this information, take photos of their vehicle license plate and advise law enforcement.
Don’t Refuse Medical Treatment
You might feel like you’re uninjured after a vehicle crash, but you shouldn’t refuse medical treatment. Whiplash is the most common injury people suffer after car accidents, and the symptoms usually don’t show up until many hours after the accident.
Many people experience a massive surge of adrenaline following a car accident. After all, you’ve just been through a violent and unexpected experience. However, adrenaline can mask pain, and once it wears off, your aches and pains can become more evident.
Finally, you don’t want someone to accuse you of “faking” your injuries because you didn’t seek immediate medical care. It just makes sense to document your injuries right away.
Don’t Agree To Bypass Insurance
In some cases, the other driver might offer to pay you directly for damages in exchange for you agreeing not to file an insurance claim. This might sound fair on the surface, but it could backfire.
If your injuries and damages turn out to be greater than you anticipated or the other driver changes their mind and decides to sue you for damages, you will be in a poor position. It’s always better to politely decline these offers and go through the proper channels to file your claim with the insurance companies.
Consult With a Seasoned Car Accident Lawyer
While you should take care when interacting with the other driver after a crash, it will also be helpful to consult with an experienced car accident attorney who can advocate for your rights and deal with the insurance company on your behalf.
FAQs
What compensation can I receive for a car accident?
If you’ve been injured in a car accident, you may be entitled to collect several types of damages. These include the cost of current and future medical care, lost wages and lost earning capacity, and pain and suffering. Your attorney can help determine a fair value for your case and explain your options to pursue maximum recovery.
What should I do after a car accident that’s not my fault?
After a crash, it’s always important to contact the police, seek medical care, and report the accident to your insurance company. If you were not at fault, you should seek the guidance of a knowledgeable attorney who can help you secure the full compensation you deserve.
What happens if I’m partially at fault for the accident?
Often, negligence isn’t clear in an accident, so you should never admit that you were or might be at fault. If you are found to be partially at fault, your state’s “shared fault” law will determine the outcome. For example, California operates under a “pure comparative negligence system,” meaning individuals can recover compensation relative to their degree of fault, even if it is 99%.
Schedule a Consultation With Gomez Trial Attorneys
When you’ve suffered injuries, and the accident wasn’t your fault, you have the right to pursue full and fair compensation from the responsible parties. Your attorney can guide you through this process from start to finish. Contact Gomez Trial Lawyers today by calling 866-874-2552 or by contacting us online to schedule a free, no-obligation consultation.