Being in a car accident is sometimes a traumatic experience, especially when the crash wasn’t your fault. Many innocent accident victims are unsure what steps to take after a collision. This confusion is understandable, as the days following an automotive accident involve critical tasks that can impact a future injury claim and get your life back to normal.
While every auto collision is different, most car accidents in Rhode Island follow a similar process, no matter which insurance company you are dealing with. In this article, Providence car accident lawyer Louis Grande breaks down nine steps accident victims should take after an accident.
Mastering what to do after an accident that was not your fault is the fastest way to get the money you deserve without the claim process getting dragged out by the insurance company.
If you have been in an accident, take these steps.
1. Seek Medical Attention Immediately After the Car Accident
The first phone call you should make should be 9-1-1. Even minor accidents can lead to hidden injuries that turn serious after a few days or weeks. Adrenaline and being caught up in the moment can mask your injury pain. You might feel okay after the accident, but it’s very common for pain to begin increasing days or even weeks later.
Record Your Injuries Early
Getting medical care after an auto accident makes your personal injury claim stronger. Judges and insurance adjusters view prompt medical attention as evidence that the accident was serious. They want to see that you took the necessary steps to get treatment for the accident. Procrastinating or delaying getting medical attention can be used against you to offer you a lower settlement. The insurance company will argue you must not have been hurt that bad if you didn’t see a doctor.
Make Sure You Follow Insurance Policy Rules
Most auto insurance policies require policyholders to seek medical attention immediately after an accident. This should be done before filing a claim for injury or lost wages. Failure to get timely medical care can make it more difficult to get the compensation you deserve. Delaying medical treatment can also reduce your total claim value, which can make it more difficult to pay for medical expenses, lost wages, and other expenses you were forced to pay out of pocket due to the accident.
Establish Who Was At Fault and Get Evidence
Lastly, a detailed medical report dated near the time of the accident provides proof of when and where the collision occurred. You will need this for your claim and for future legal action against the negligent driver if a lawsuit is necessary to recover damages. Your documentation should detail the accident, link it to the injuries you received, and include physician records and any other evidence that supports your claim. While most accidents settle, you still want to have all the evidence you can in case your claim turns into a lawsuit.
2. Call the Police
You should have called 9-1-1 right off the bat, but down the road, you may need to contact the police yourself to get the official vehicle accident report. This is an important piece of evidence you will need to file your claim.
Paint a Full Picture
Be sure to provide a complete account of what the at-fault driver did and failed to do before and during the accident.
Get Contact Information from Law Enforcement
Also, request the badge numbers and contact information of all police officers that were present at the scene of the accident. They may be called to testify at a later date, or your attorney may need to follow up with them after the accident to get another statement.
Verify the Police Report
Verify that the final police record contains a diagram of the accident and assigns primary blame to the other party. Insurance companies put considerable weight on how first responders interpreted the crash scene and who they believed the at-fault party was. If you were not at fault, you definitely want to make sure that the official report spells that out.
3. Document the Auto Accident Scene Thoroughly
Thoroughly document where the accident took place by taking pictures and getting eyewitness statements. The sooner, the better. You want to preserve as many details as possible. The longer you wait, the less evidence you will have.
Record Every Detail
Capture images of the damage your vehicle received, skid mark trajectories left on the road, lingering debris from the impact, street signs and landmarks denoting the exact crash site, and any other relevant information.
Look for Witnesses
Collect contact information from reliable witnesses before they leave the area. These individuals can prove invaluable if liability disputes arise later or the other party tries to blame you for the accident. Independent witnesses willing to give formal statements or who are willing to testify means your lawyer has the ammo they need to push for a higher settlement or verdict.
Work Fast Before Evidence Spoils
Document the scene of the accident as quickly as possible. It won’t be long before clean-up begins in order to make the street safe and clear of debris. Alternatively, rain or fading light can erase the evidence and make it harder to capture good video and photographic evidence.
Capturing images early provides visuals insurance adjusters need when evaluating the accident and your injury claims.
If you want a good car accident settlement, evidence is key!
4. Notify Your Car Insurance Provider
Contact your insurance company about the accident as soon as possible after filing the police report and documenting the crash site.
Don’t Wait to File a Claim
Most insurance companies expect you to report an accident quickly. It’s very common for this to be a part of the terms and conditions of your policy. Failing to properly inform your insurance company can potentially impact your claim.
Provide preliminary accident details to the insurance adjuster, along with the police report, case number, and contact information for the primary reporting officer. Also, summarize any medical care received and steps initiated for getting your automobile damage assessed.
Review Your Policy Information
Different policies will have different levels of coverage. You want to make sure that you are receiving all of the benefits you have been paying for. A personal injury attorney is helpful here because they generally know what to expect from the insurance company and can help you navigate everything while you recover. Personal injury lawyers do not charge any upfront money and only receive a fee if they are successful in getting you the settlement or verdict you deserve. If you don’t win, you pay nothing. Plus, injured people with an attorney receive up to 3x the average settlement versus people who represent themselves. Considering it doesn’t cost anything out of pocket, it doesn’t really make sense to not use an attorney.
Communicate Effectively with the Insurance Company
Document all communication with the insurance company and stay on top of things if mishaps or delays occur. You need to make sure the insurance company gets all of the documents supporting your claim.
Also, record all insurance requests involving crash details, medical authorizations, wage verification paperwork, or other data they need for covering case expenditures.
5. Don’t Admit Fault in the Car Accident Claim
At the end of the day, the insurance company is a business, and paying you everything you deserve means they lose money. They are in the business of profit. Don’t mistake that for a second. What you say to the insurance adjuster can have an impact on your claim. Their job is to get you to settle for the least amount that they can offer. An attorney’s job is to get you the highest amount possible. Remember that.
For that reason, it should go without saying that you should not admit fault. Pay attention to what you say to the insurance company. They are trained professionals who handle claims for a living. This is the exact reason why you should hire a car accident lawyer right away.
6. Save Insurance Adjuster Documentation
Save Everything Related To Your Claim
Any and all documents and communication you receive that relate to your accident should be neatly organized and saved. It’s much easier to do this in the beginning than to have to go back and piece together everything.
We recommend that you organize everything in Google Drive and put the date received in the title of the document so it is easy to see the timeline.
Police reports, crash reports, medical billing statements, prescription receipts, car rental invoices, insurance information for you and anyone else involved in the accident, automobile repair estimates, missed wage documentation, and the contact information of witnesses and the at-fault party are all examples of documentation you should have.
Keep a Diary
Finally, put together a diary or timeline of events from the accident to when you received medical attention to when you contacted the insurance company, and everything else. You can use a spreadsheet and simply put a column for the date and a column to note what happened and another column to link to any evidence. Store everything in Google Drive so it is easy to share with your attorney. The more organized you are, the easier it will be for you to get a good settlement.
7. Report the Accident to Your Employer
If your injuries force you to miss work, you’ll need to contact your employer about the crash immediately and let them know what’s happened. Your doctor and attorney can both advise on when it would be safe to return to work.
Provide Official Accident Documentation
Supply supervisors with copies of the police report and a doctor’s note outlining your injuries if you will need to request extended time off.
Seek Family Medical Leave Act Benefits
The Family Medical Leave Act (FMLA) legally requires employers to allow eligible employees to take up to 12 weeks of unpaid leave due to the birth of a child, an illness or injury, or to care for an ill or injured loved one. This means that your job is protected for up to 3 months if you need more time to recover.
8. Contact the Auto Insurance Company of the At-Fault Driver
Rhode Island is a tort state, meaning at-fault drivers are responsible for paying victims’ damages. If the police or your insurance adjuster concludes the other motorist’s actions caused the car accident, you must file a third-party liability claim with the at-fault driver’s insurance provider to seek compensation.
Present the Same Evidence as Before
Submit the documentation you provided to your insurance company regarding the accident, your injuries, damages to your vehicle, lost wages from missed work, and any other losses you received as a result of the accident.
Rhode Island Personal Injury Lawyers Maximize Settlements
An experienced personal injury attorney understands how injury claims work and how to work with the insurance company to maximize your claim.
An attorney will be able to recognize if your settlement offer is inadequate to cover your claim and can help to pursue formal legal action if the insurance company fails to offer a fair settlement.
9. Talk to a Rhode Island Car Accident Lawyer Today
The experienced legal team at Louis W. Grande Injury Lawyer understands the frustrations innocent victims face when forced to battle uncooperative insurers after someone else’s reckless driving leaves them harmed.
Our seasoned injury attorneys can help level the playing field against the insurance company after an accident so you can concentrate on what matters most — returning to normal — not going back and forth with an insurance adjuster trying to lowball you a settlement offer that barely pays to get your car fixed.
If you have been injured in an accident, contact personal injury attorney Louis Grande for a free consultation to explore your legal options.
The call and counsel are free. The clarity is priceless. Reach out today.
Author Bio
Louis W. Grande is a Providence personal injury lawyer who founded his Rhode Island law firm of the same name in 2010. With more than 32 years of experience practicing law, he has successfully represented clients in a wide range of legal matters, including car accidents, premise liability, dog bites, medical malpractice, product liability, and other personal injury actions.
Louis received his Juris Doctor from the Hamline University School of Law and is a member of the Rhode Island Bar Association. He has received numerous accolades for his work, including being awarded Lifetime Achievement in 2017 by America’s Top 100 Attorneys and being named among the Top 100 Trial Lawyers and Top 25 Motor Vehicle Trial Lawyers in 2017.