Car crashes can be stressful, overwhelming, and sometimes life-changing. Even a minor fender bender can leave you with unexpected injuries and expenses, so it's crucial to know what steps to take immediately following a crash to protect yourself and your legal rights.
"Bottom line- the insurance company is not your friend."
As an attorney, I've spoken with many people who unwittingly failed to protect their interests after a car crash because they didn’t take the appropriate actions. Here are some essential steps to take after getting into an automobile collision:
1. Check for injuries. The first thing you should do after a car crash is to check yourself and others for injuries. If anyone is injured, call 911 immediately. If you are unable to call for help, ask someone else to do it for you.
2. Stay at the scene. Never leave the scene of an accident, even if you think it is just a minor crash. Two major reasons for remaining at the scene are:
1. Leaving the scene of a car crash in Georgia is a crime.
2. When the time comes for you to file a claim, the other party in the crash or the insurance company can claim that your recollection of the crash is fabricated or inaccurate. In some cases, they can deny the crash happened at all because you were not at the scene to provide your account of what happened.
3. Don’t admit fault. Admitting fault can be used against you in court, so it’s best to let the police determine who was at fault. They are certified in investigating car crashes, so it’s in your best interest to let them do their job.
4. Contact the police. Call the police to report the crash and wait for them to arrive. Police officers will create a Motor Vehicle Crash Report, which will be valuable evidence in proving that the other party was at fault for the crash.
5. Document the car crash scene and witnesses. Take photos of the crash scene, including the damage to all vehicles involved, and any injuries sustained. Photos can be valuable evidence for your case. Also, obtain the names and contact information of any witnesses.
6. Seek medical attention. Even if you feel okay after the crash, it's essential to seek medical attention. Many injuries, such as whiplash or concussions, may not show symptoms until hours or even days after the car crash. Delaying medical attention could harm your health and weaken your legal claim.
7. Contact an attorney. Insurance companies train their adjusters to pay you as little as possible on your claim and want to discourage you from hiring an attorney. Yes, they happily take your money every month, but as soon as you need to use the insurance that you pay for, the penny-pinching begins at your expense. Make sure you have a personal injury attorney representing your interests and guiding you through the claim process. Personal Injury attorneys know the games that insurance companies play and know how to handle them properly. Think of it like this: when you have a plumbing issue, you hire a plumber because, often, trying to do it yourself creates more problems. The same goes for personal injury cases. Clients who attempt to handle their own cases or are represented by unqualified attorneys could have their cases irreparably damaged, thereby eliminating or significantly reducing their monetary compensation.
8. Don’t Sign Anything. Don’t sign anything from the other driver’s insurance company without consulting with an attorney first. Insurance companies often try to settle claims quickly and for less than they’re worth, so it is imperative to not agree to anything until you’ve spoken with an attorney who can advise you on your legal rights.
Bottom line- the insurance company is not your friend. No matter how long you’ve been a customer with them or how nice the adjuster may seem, the insurance industry is profit-driven just like any other business. Therefore, if they can get away with paying you less than you’re entitled to, that’s exactly what they will do. This is why it is imperative to reach out to a personal injury attorney (yes, they should specifically be a personal injury attorney) to help you through the claims process and ultimately file your case in court (even taking it to trial, if necessary) to ensure you receive the compensation you are entitled to.
If you have been in a car crash and want to speak with a personal injury attorney, give us a call for a free, no-obligation consultation.