The aftermath of a serious car crash can be frightening and overwhelming. You may be feeling shocked and confused about what to do next, but you must take quick, decisive action if you want to protect your safety and your legal rights. This is especially true when someone else caused the accident.
When an accident occurs, taking immediate steps, such as seeking medical attention and documenting the scene, is crucial for your insurance claim and legal protection. Get legal help as soon after the crash as you can. Call the seasoned car accident attorneys of The Levin Firm today for a free consultation about your legal options after someone else injured you. You can also contact us online.
To pursue a claim for compensation, you'll need to gather substantial evidence and avoid some common errors. Building a compelling personal injury claim begins with taking the following steps in the hours, days, and weeks after a collision:
1) Ensure Safety and Call 911 Immediately
Safety should always be the number one priority after a collision. Make sure neither you nor your passengers require emergency medical attention, and then, if possible, move your vehicle to a safe area away from oncoming traffic and turn on your hazard lights.
Call 911 immediately and report the accident. Even if the crash seems minor, police involvement matters. The responding police officer will create an official police report documenting key details about the collision, including:
- Date, time, and location of the crash
- Names of involved parties
- Initial observations about damage and injuries
- Statements from drivers and witnesses
- Accident diagram
Insurance companies rely heavily on police reports. Without one, the other driver may later change their story or deny responsibility. That's why calling 911 is crucial for protecting your rights.
2) Seek Medical Attention Even If You Feel Fine
Seeking prompt medical attention, no matter how you feel, remains one of the most critical steps to take after a car accident where you're not at fault for multiple reasons.
Certain injuries don't cause immediate pain and may not show symptoms for hours or days after they occur. Those injuries include:
- Whiplash
- Internal damage
- Concussions
You should never assume you're unharmed after a collision. See a healthcare provider as soon as possible and let them assess your condition.
Prompt medical care doesn't just ensure your safety, either. It also creates official documentation that clearly links the accident to your injuries. These records can prove critical when building a car accident injury claim in Pennsylvania.
Remember that insurance companies will often point to delays in care to claim that your injuries aren't as serious as you say, or that they're not connected to the accident. Seeing a medical provider right away can prevent these tactics from weakening your claim.
3) Document the Accident Scene and Gather Evidence
Filing a car accident claim when not at fault requires substantial evidence, and while your personal injury attorney can gather much of that evidence, you can help them significantly by thoroughly documenting the accident scene. If your condition allows it, take photos and videos of the following:
- Vehicle damage from multiple angles
- The positions of all vehicles
- Skid marks and debris
- Traffic signs and signals
- Weather and road conditions
- Visible injuries
Visual evidence that supports your version of events can provide some of the most compelling proof of your claim. However, you should also write down everything you remember as soon as possible, as important details can fade faster than you may think. Note details about speed, traffic, statements from the other driver, and anything unusual you noticed about the incident.
When gathering witness statements, aim to obtain unbiased accounts from each witness, as objective statements can strengthen your claim.
Be sure to create a complete list of all details and evidence you collect at the scene to ensure nothing important is overlooked.
4) Exchange Information with the At-Fault Driver
Always exchange basic information with the other driver after an auto accident. Keep the interaction calm and brief, and collect the following details:
- Full name and contact information
- Driver's license number
- License plate number
- Insurance company and policy number
You should also exchange information with any other involved parties, not just the other driver. Avoid discussing the accident with the other party beyond exchanging the necessary information.
Many people feel the urge to apologize or discuss fault in these situations. It’s essential that you ignore that urge entirely. You should never admit fault at the scene. Even a simple “I’m sorry” said out of politeness and consideration can come back to haunt you. Stick to the facts and let the investigation determine responsibility.
Emotions can run high after a collision, but you should always try to remain calm and cordial. If the other driver becomes aggressive or refuses to cooperate, wait for the police to handle the exchange.
Emotions can run high after a collision, but you should always try to remain calm and cordial. If the other driver becomes aggressive or refuses to cooperate, wait for the police to handle the exchange.
5) Identify and Speak with Witnesses
Independent witnesses can present critical evidence in disputed accident claims. If anyone saw the crash, speak with them before they leave. Ask for their full names, phone numbers, and email addresses so your lawyer can contact them later and gather testimony.
If the witness is cooperative, you can ask what they saw and make brief notes. Witnesses frequently provide neutral confirmation of speeding, swerving, red-light violations, distracted driving, and other negligent behavior. Insurers and courts often value these unbiased accounts.
6) Report the Accident to Your Insurance Company
Most insurance policies require prompt accident reporting. Call your insurer as soon as possible and report the collision, but remain cautious about the information you provide. Provide only basic facts, including:
- The date, time, and location of the accident
- Identity of the other driver
- A description of the damage
Prompt reporting is essential for starting your car insurance claim and ensuring your insurer can assist you throughout the process.
Avoid speculation about injuries or fault during this conversation, and remember that you do not need to provide a recorded statement right away. Doing so may harm your claim in ways you can't predict. If you are unsure how to approach your report, consult an attorney before speaking with insurers.
Understanding your auto insurance coverage can help you navigate the claims process more effectively.
7) Be Cautious When Communicating with the Other Driver's Insurer
Soon after the accident, the at-fault driver's insurance company will likely contact you. They may sound friendly and act like they only want to help, but these companies have one goal: to protect their profits by limiting your payout.
Ways the insurance adjuster may attempt to limit your payout include:
- Pressuring you into a recorded statement to use against you
- Downplaying the severity of your injuries
- Suggesting that you share fault for the collision
- Pushing you to accept a quick, lowball settlement
You do not have to speak with the at-fault driver's insurer without legal guidance. Contact an experienced attorney who knows what to do after a car accident that’s not your fault so they can protect your rights and help you avoid critical errors when dealing with insurers.
8) Avoid Common Mistakes After an Accident
After a car accident, the actions you take, or don’t take, can have a lasting impact on your ability to recover compensation for your losses. One of the most critical mistakes to avoid is admitting fault at the accident scene. Even a simple apology can be misinterpreted as an admission of liability, which may jeopardize your insurance claim and your right to recover compensation for medical expenses, lost wages, and property damage.
Another common error is downplaying your injuries or failing to seek immediate medical attention. Some injuries, such as whiplash or concussions, may not show symptoms right away. Delaying medical treatment can not only worsen your condition but also give the insurance company grounds to argue that your injuries are unrelated to the accident.
It’s also important to avoid speaking with the at-fault driver’s insurance company without first consulting a car accident lawyer. Insurance adjusters may try to use your statements to minimize or deny your claim. Protect yourself by seeking legal advice before discussing the accident or your injuries with any insurance company representatives.
By steering clear of these common mistakes, you can strengthen your insurance claim and improve your chances of recovering the full compensation you deserve for your medical treatment, lost wages, and property damage.
9) Why You Should Avoid Early Settlement Offers
One of the most common ways insurance companies will attempt to minimize your compensation after a not-at-fault car accident is by offering you a quick settlement that represents a fraction of your claim's actual value.
Insurers understand that accident victims often face financial pressure, and these offers attempt to exploit that fact. Accepting an early settlement bars you from recovering any more compensation, even if you realize later that your actual expenses outweigh the money you received. Accepting a quick offer may also prevent you from seeking compensation for all your losses, including those you may not be immediately aware of.
Early settlements often ignore:
- Future medical treatment
- Ongoing pain and suffering
- Lost earning capacity
- Long-term limitations
With medical bills continuing to pile up and no return to work in sight, it can feel incredibly tempting to accept the insurance company's offer and put the accident behind you. However, in reality, doing so may only result in more severe financial distress once the bills keep coming and the compensation is gone.
Remember that initial offers rarely represent the full value of your claim, and you should never sign anything without consulting a legal professional first.
How The Levin Firm Protects Not-At-Fault Accident Victims
You may not know what to do after a car accident when you are not at fault, but The Levin Firm does. We provide legal representation to help you pursue your claim. We have extensive experience protecting the rights of Pennsylvania residents after someone else causes them harm, and we stand ready to do the same for you.
If you've suffered harm in a car accident that wasn't your fault, our attorneys can help by:
Reviewing Your Case for Free
Not all car accidents constitute a valid personal injury claim. Before going any further, you'll want to sit down with our attorneys for a free, no-obligation consultation to discuss the details of your case, share any evidence you may have, and answer some key questions so we can inform you of your legal options.
Investigating and Gathering Evidence
If you decide to work with us, we'll launch an immediate investigation into the accident to identify all liable parties and then fight to hold them accountable. To establish liability, our attorneys will likely seek the following evidence:
- Police reports
- Accident scene photos
- Surveillance and dashcam footage
- Medical and financial records
- Witness statements
- Expert analysis
Calculating Compensation
Our firm works with medical and financial experts to take a big picture look at the impact of your injuries on your daily life and finances. We'll use our findings to calculate the full value of your claim.
Dealing with Insurers
Insurance companies will attempt to weaken or deny your claim in any way they can. We protect your rights by handling all communications with them, from initial contact to settlement negotiations and beyond.
Negotiating and Litigating
When it comes time to fight for a fair settlement, our attorneys will advocate aggressively for your best interests. If the insurance company refuses to make a reasonable offer, we'll file a lawsuit and take your claim to court, where a seasoned trial lawyer will fight for a favorable verdict on your behalf.
Get Help from The Levin Firm Today
Serious injuries come with serious medical bills, lost wages, and personal losses. If you were injured in a car crash caused by someone else, let us help you secure the compensation you deserve. Contact The Levin Firm online today.