After suffering from a collision, drivers must take certain actions in order to receive compensation for vehicle damages and personal injuries. Kentucky drivers need to know what to do and what NOT to do after a car accident. In this blog, we discuss common mistakes after a car accident, and we detail essential steps you need to take if you’re involved in a collision.
Not Calling 911 or the Police
When becoming involved in an accident, the first thing you need to do is assess whether you, your passengers, or anyone else involved in the accident are injured. If someone has suffered from an injury, you need to call 911.
If no one is injured, you shouldn’t call an emergency line, but you still need to report the accident. Calling the police is essential for your accident claim, and if the collision results in an injury or over $500 in property damage, you are legally obligated to report the wreck.
While you wait for the police to arrive, you need to know what not to say after a car accident. You should never admit fault or even apologize after a wreck. Even if you think you were responsible for the accident, there could be multiple factors that contributed to the collision. If you admit fault or say you’re sorry, another driver’s insurance company can use that as proof that you’re liable or that their client is not responsible for the wreck. You need to talk to the other drivers to exchange insurance information, but try to avoid discussing the accident as much as possible.
You also need to know what to say after a car accident. Once the police arrive on the scene, you need to answer their questions honestly, but don’t overshare or discuss information that they do not ask for. Anything you say at the scene of an accident can be used against you during the claim process.
Failing to Gather Evidence
In order to prove your claim or show that you’re not liable for an accident, you need to collect evidence. While at the scene of the accident, you can gather essential proof by taking pictures and videos with your smartphone. Additionally, you can gather first-hand accounts from anyone who witnessed the wreck. Make sure to always collect the names and contact information of eyewitnesses.
In addition to taking personal videos and photos, you can use other video and photographic evidence that may have captured the event. A traffic camera or security camera may have recorded the accident or events leading up to the accident. This footage can provide invaluable evidence for proving your claim or proving that you’re not liable for the wreck. Obtaining this type of evidence can be difficult, so you’ll need a car accident attorney to assist you.
Not Seeking Medical Attention
Even if you don’t suffer from any apparent injuries after a vehicular accident, you should still seek medical attention as soon as possible. You may have suffered from delayed onset injuries during your wreck, meaning that the injuries you sustained don’t become evident until later. If you fail to seek medical attention at first and then discover an injury, you’ll have a much harder time proving that you were hurt in the car accident.
When filing a personal injury claim, you need to draw a direct relation between your injuries and the event in question. If you fail to seek immediate medical attention, you’ll have a much harder time proving that connection.
To strengthen your claim, you need to keep a record of your medical bills and any other expenses related to your car accident injuries. You should also document conversations that you have with your doctor, and you also need to keep a journal recording your overall pain levels and any limitations you experience due to your injuries. You can use these different documents as proof that you suffered injuries and that your injuries caused pain and suffering, as well as temporary or permanent disabilities that impact your ability to work.
Discussing Your Accident or Injuries on Social Media
One of the biggest mistakes that motorists make after suffering from a collision is posting on social media. Insurance companies look for ways to deny or underpay claims, and if you post on social media that you’re feeling or recovering well, an insurance company can use that as evidence that your injuries are not serious. Additionally, if you post a picture where you’re doing physical activity — such as hiking — an insurance company will use that as proof that the wreck did not cause significant injuries.
If you can help it, avoid using social media entirely while you’re in the middle of your car accident claim.
Signing a Document or Taking Part in a Recorded Conversation
If an insurance company or another company involved in the case wants you to sign something, you need to consult with an attorney immediately. The document could contain legal nuances that you’re unfamiliar with, and signing it without legal representation can greatly reduce the amount you can recover in damages, or it could ruin your claim entirely.
Additionally, you should never take part in a recorded conversation without an attorney. If an insurance company attempts to contact you about your claim, do not talk to them without a car accident lawyer. Anything you say to an insurance company can be used against you.
Fighting Your Case Without a Car Accident Attorney
Enlisting the legal assistance of a seasoned personal injury lawyer is critical for either proving a claim or proving that you’re not liable for an accident. An attorney will greatly enhance your likelihood of proving your case. And if you’re filing a claim, they’ll work to maximize the amount you’ll receive in damages. You may be able to recover compensation for property damage, medical bills, lost wages, pain and suffering, loss of future earnings, and more.
For expert car accident legal support you can count on in Central Kentucky, contact the lawyers at McCoy & Sparks Attorneys at Law. Call us today at 844-459-9467 or get a free case consultation here.