The moments after a car accident are often upsetting and disorienting, so you may not know what to do or who to call. To protect your chance of recovering damages, you must report the crash and start documenting the accident scene as soon as possible.
Don’t let panic lead you to make bad choices. Instead, use this checklist to protect yourself and your legal interests. You can also seek help from the auto accident attorneys at Christensen Law to protect your rights.
Prioritize Your Safety Following an Auto Accident
Immediately after an accident, your first priority must be your personal safety. If you can drive your car off the roadway, do so. Otherwise, get a safe distance away onto a shoulder or median. If the weather is bad, find a public place to get inside and out of the elements.
Report the Car Crash to the Proper Authorities
Mich. Comp. Laws § 257.618 requires motorists to report collisions when someone is injured or killed or when vehicle damage is $1,000 or more. If your car is impeding traffic or if someone has been injured, call 9-1-1 to get police and an emergency medical team headed your way as soon as possible.
If no one is injured and traffic is flowing freely, you may choose to call the non-emergency police number instead. Never assume the other driver will make the call for you. Contacting police helps you avoid accusations of fleeing the accident scene and lays groundwork for a future claim or lawsuit. Reports include information like:
- Contact information for everyone involved in the accident, including witnesses
- Description of the location and road and weather conditions
- Details about the vehicles and the angle of impact
- Impressions regarding fault and what caused the accident
- Citations against a driver (or drivers) for improper or illegal behavior
These reports can provide key information that could help you prove your position if the other party in your insurance claim or lawsuit disputes your version of events.
Document the Car Accident Scene
While you are still on the scene, your next step should be to document as much as you can about the accident. That could include:
- Getting the other driver’s license information, insurance information, names, phone numbers, and license plate numbers.
- Taking pictures of each vehicle, the scene, and any injuries you suffered. You can use your cell phone camera to capture the circumstances at the time of the crash, including weather, lighting, and visibility. You can also take pictures of factors that contributed to the crash, if relevant.
- Obtaining contact information from witnesses.
- Making statements to the police. Deciding how much to tell the police is a double-edged sword. If you may be at fault for the accident, anything you say could be used to prove that at court and reduce your damage award. However, documenting what happened while everything is still fresh in your mind could help your auto accident attorneys get a complete picture later on.
As you do this, minimize conversation with the other people involved in the accident. Just exchange essential information rather than discuss what happened and why. You may think you’re just being polite or trying to get answers, but the other party could use what you say against you later.
Seek Medical Treatment After the Crash
If a paramedic recommends transporting you to the hospital after a wreck, don’t refuse. No matter how small the crash, you should always see a doctor, just to make sure there are no hidden injuries or traumatic brain injuries. Getting medical treatment promptly serves several key purposes:
- It ensures you get care so you do not worsen your injuries, which could cost you more time, money, and stress.
- An examination can rule out initially undetected injuries, such as concussions or internal organ damage.
- Seeing a physician creates a link between the car accident and your injuries on your medical record.
Your health records will form the foundation of your personal injury claim, so establishing that causal link is critical. Furthermore, if you delay or avoid seeking care, insurance adjusters may try to use that as an excuse to deny or undervalue your claim. After a wreck, think long-term instead of short-term when it comes to your health and financial well-being.
Check Your Insurer’s Requirements After an Accident
Insurance companies impose deadlines for reporting accidents, which vary by policy — some as short as 30 days. A Michigan car accident lawyer can review your policy to ensure you meet all deadlines.
Generally, you have one year to file a No-Fault (first party) claim with your insurer, which provides benefits regardless of fault. You also have three years to pursue a third-party claim against the at-fault driver for pain and suffering. An attorney can help determine which claims you may be eligible to file.
What You Do and Don’t Have to Tell Them
While reporting an accident to your insurer is important, you don’t have to answer all their questions — and you shouldn’t. Insurance adjusters often look for ways to minimize payouts. Be careful to avoid:
- Apologizing: It could be seen as admitting fault.
- Guessing: Share only facts, not assumptions.
- Saying you feel fine: Injuries can surface later.
- Agreeing to a recorded statement: You are not required to provide one.
- Releasing full medical records: You don’t have to authorize this.
Instead, only provide basic information:
- Date, time, and location of the accident
- Brief facts about what happened
- Your contact details
Whenever possible, let your Michigan personal injury lawyer handle communications with the insurance company to protect your claim.
Refer Them to Your Car Collision Lawyer
Ideally, you contact a car accident attorney right after the crash, and they notify the insurance company for you. That way, you don’t have to talk to an adjuster. Going forward, a lawyer can handle all calls, emails, or other communication from the insurance company.
However, the insurance adjuster may contact you before you’ve even had time to look for a lawyer. They might even offer you a settlement. Even if you don’t have legal representation yet, you can politely tell the adjuster that you will be working with a lawyer and the adjuster can go through your attorney instead.
You will need to notify your insurance company of your intent to file a claim within days of your accident. But this isn’t something you should do on your own. Statements made to your auto insurance company in this initial claim can limit your benefits later on. Contact an auto accident attorney as soon as possible after your accident. Our team will help you file your claim correctly and on time.
Protect Your Rights as a Car Accident Victim
Your insurance company could even act in bad faith or fail to prioritize your needs and concerns. Knowing your rights after a car collision can help you recognize signs that an insurer isn’t handling your claim well. If you were hurt in an accident, you can:
- Call an injury lawyer at any time.
- Investigate the crash.
- Catalog your losses.
- Review paperwork and settlement offers.
- Fight back against unfair claim denials.
You also have the right to pursue a lawsuit under certain circumstances. For instance, if you suffered serious injuries, you can pursue an injury lawsuit, according to Mich. Comp. Laws § 500.3135. Additionally, you can sue insurance companies that fail to honor your policy’s terms.
A lawyer can help you navigate compensation options while protecting your rights in the process.
Settlement Offers Are Negotiable
After a car crash, an insurance company may offer you money. Unfortunately, initial offers are usually too low for what you need or deserve. This is especially true if an adjuster offers you a settlement before you’ve even had time to heal or consider your future.
Some insurers will make their settlements seem like limited-time-only offers. They might try to get you to agree to one over the phone without seeing it in writing. These tactics are designed to disguise the fact that an offer is too low or inadequate for your post-accident needs.
Despite what insurers say, you can negotiate a settlement offer’s terms. You also have a right to consider it and have your legal team review it. Our personal injury attorneys may even have you wait until we have more information about your medical condition and losses. Rather than accepting the first offer, check that it considers your past and future. Once you agree to a settlement, you cannot request more compensation from the opposing party.
Christensen Law Will Stand Up for You After an Auto Accident
If you’ve suffered serious injuries in a Michigan car accident, the compensation you receive from your No-Fault insurance may not cover the costs of your injuries and related losses. Let a car accident lawyer from Christensen Law review your claim so you are not under-compensated. Your first consultation is free. Call us or contact us online today.
