Being involved in a car accident is frightening, and legal issues are certainly not on your mind during the first few moments after the crash.  Nevertheless, the actions you take, starting right after the accident, can have a substantial impact on what will happen to you in the legal system.

For this reason, please review these Ten Steps and, to be extra safe, call or e-mail me to get extra copies to put in your glove compartment, along with your proof of car insurance and registration.

1- Call the Police

Having a Police Investigation and Police Report will help establish who was at fault for the accident.  Insurance companies rely heavily on the Police Report when reaching their determinations of fault.  If the Police do not investigate, determining who was at fault can become a battle between the two drivers.

2.  Preserve Evidence

Do not move your car unless it is creating a dangerous conditon or the Police order you to move it.  The final resting point of your car is important to know in order to reconstruct the accident to detemine fault.  If possible, take photographs of the scene of the accident and the vehicles.  Later, take photographs of any visible signs of injury such as cuts, bruises, abrasions, bumps etc.

3.  Identify Witnesses

Get names, addresses and telephone numbers of any witnesses to the accident.  Often, witnesses will try to leave the accident scene before the Police arrive.  Encourage them to stay in order to give a statement to the Police and, at the very least, get their names and phone numbers.

4.  Get the Other Driver’s Vital Information

Be sure to get the other driver’s name, address, phone number, license plate number, car registration number and automobile insurance company name and policy number.

5.  Seek Immediate Medical Attention

If you have any symptoms of an inury or if the accient was anything other than a minimal impact collision, you should get checked out at a Hospital Emergency Room.  If symptoms arise later, seek immediate medical treatment at the ER or with your Family Doctor.

6.  Immediately Report the Accident to Your Car Insurance Company

Your car insurance policy requires you to report accidents promptly.  Be sure to call as soon as you can.  You should be able to find a 24 hour 800 number on your Proof of Insurance Card or on the Internet.

7.  Be Careful Who You Talk To

You should not talk to anyone about how the accident occurred other than the Police, Your Insurance Company and your Personal Injury Attorney.  Any statements you make can be used against you.  Avoid talking to your insurance company while you are medicated or in great pain.  Never talk to the other driver’s Insurance Company or give a recorded statement to anyone without your Personal Injury Attorney being present.  Your words can be twisted or misinterpreted. 

8.  Locate an Experienced Personal Injury Attorney

In these days of “tort reform,” the laws regarding Personal Injury cases and car insurance are constantly changing.  Because of these changes, you need an attorney who focuses on Personal Injury cases to get proper representation.  You are best served by an attorney who regularly fights for clients against insurance companies and who is prepared to negotiate a resolution to your case or, if appropriate, take your case to trial.

9.  Consult with an Experienced Personal Injury Attorney Right Away

Depending on the accident and your injuries, you may not need to retain an attorney to represent you.  Nevertheless, you should always consult with an experienced Personal Injury attorney as soon as possible.  The accident might require investigation before the scene changes.  An expert accident reconstructionist my be needed.  Witnesses may need to be located and interviewed by a private investigator.  The vehicles or other evidence may need to be preserved.  You should have an attorney advise you on how to deal with both your insurance company and the insurance company for the other driver.

I offer free consultations regarding Personal Injury cases and will meet prospective clients at my offices in Kennett Square or West Chester, PA or in Centreville, DE,  at your home or any other convenient location.

10.  Don’t Sign Anything

Don’t Sign Anything without first getting the advice of an experienced Personal Injury attorney.  A private invesigator may ask you to sign a statement.  The insurance adjuster may offer a small settlement in exhchange for you signing a Release giving up all of you legal claims.  You shouldn’t sign anything without reviewing it with your attorney.

Tim Rayne, Esquire - MacElree Harvey, Ltd. 211 E. State Street, Kennett Square, PA 19348    (610) 840-0124    trayne@macelree.com

This entry was posted on Tuesday, April 29th, 2008 at 1:42 pm and is filed under Car Accident - 10 Steps to Follow. You can subscribe via RSS 2.0 feed to this post's comments. You can comment below, or link to this permanent URL from your own site. Your comments will appear immediately, but I reserve the right to delete innapropriate comments.