The moments immediately following a car accident can be extremely stressful and chaotic, particularly if there are serious injuries involved. Knowing what steps to take will ensure that help arrives to the scene as quickly as possible, and that your legal rights are protected if you seek financial compensation by filing a personal injury claim. However, in the heat of the moment, motorists often say or do things that can compromise their claim, or suggest that you are partly to blame for causing the accident. If you are aware of some of the most common mistakes drivers make after a car accident, you are more likely to avoid them and recover the damages to which you are entitled. An experienced car accident lawyer will help you navigate every step of the claims process and negotiate the best possible settlement outcome.
What Are Important Steps to Take After a Car Accident?
If you are involved in a car accident in Virginia, there are a number of steps you will need to take to ensure that your safety and your legal rights are protected. By keeping the following safety tips in mind, you will be able to navigate the aftermath of the accident calmly and with confidence:
- Move to a safe location. If you are able to do so, move your vehicle to a safe spot that is away from the flow of traffic.
- Report the accident. Call 911 as soon as possible to report the accident. If there are injuries involved, notify dispatch so that they can send an ambulance to the accident scene.
- Seek immediate medical attention. As soon as the ambulance arrives, make sure that you are examined by Emergency Medical Technicians (EMTs). Even if your injuries seem minor, it is crucial that you are examined by an EMT to determine the severity of your injuries and whether you need to be transported to the nearest emergency room.
- Collect evidence. If you are physically able to do so, take pictures of the accident scene, including your injuries, the damage to your vehicle, skid marks or debris on the road, and the weather conditions. This will provide valuable evidence to support your claim. If there were witnesses who saw the accident happen, ask if they would be willing to provide a statement and ask for their contact information.
- Exchange information. Share contact information, driver’s license number, and insurance information with the other driver.
- Notify your insurance company. Report the accident to your insurance provider so they can initiate the claims process. Only provide the facts about the accident, and avoid saying anything that could be interpreted as admitting fault.
- Contact a lawyer. An experienced car accident lawyer will thoroughly review the details of the accident, determine who is at fault, and pursue the maximum financial compensation you deserve for your injuries.
What Are the Most Common Mistakes Drivers Make After a Car Accident?
When tensions are running high following a car accident, and you are unsure about what to do next, you are more likely to do or say something that could jeopardize your right to a fair settlement. If you are aware of the following common mistakes, you can take proactive steps to avoid them and ensure that you recover the financial compensation you deserve:
- Not reporting the accident. If the accident did not cause serious injuries, you may assume that it is not necessary to report the accident to the police. However, there are a number of benefits to having a police officer at the scene. For example, the officer will interview you and the other motorist, take statements from witnesses, thoroughly analyze the accident scene, take photographs, and fill out a detailed police report, which you can get a copy of and provide as evidence to support your claim.
- Not moving your vehicle to a safe spot. If you and the other motorist are not severely injured, and you are able to safely move your vehicles off the road and to a safe spot, this will help prevent other drivers on the road from crashing into vehicles, causing a serious multi-vehicle accident.
- Failure to seek medical attention. This is a very common mistake that can seriously impact the outcome of a personal injury claim. For example, if your injuries do not seem serious, and you do not seek medical attention from EMTs at the accident scene, the other driver’s insurance company will likely argue that your injuries must not be very serious if you did not find it necessary to get medical attention.
- Admitting fault. In the heat of the moment, the natural response to the situation may be to say you are sorry, particularly if the other motorist was injured. However, your own words can be used against you by the other motorist’s insurance company, which may argue that your apology suggests that you were at least partly at fault for causing the accident. This is a common tactic used by insurance companies since Virginia follows the “contributory negligence” rule, which states that you are prohibited from recovering any damages if you are even 1% at fault.
- Failure to exchange information. Oftentimes, drivers do not exchange information if the accident did not cause any injuries or minimal property damage. However, it is not uncommon for car accident injuries to become apparent days or more after the accident. Therefore, even if the accident was a minor fender bender, it is highly recommended that you exchange contact and insurance information with the other motorist.
- Failing to document the scene. If you do not take pictures of the accident scene or get the names of witnesses, this is valuable evidence that you will not have to support your claim, particularly if you do not report the accident to the police. If the other motorist claims that you were even partly at fault, and you have little to no evidence to prove otherwise, your claim may be denied, and you will be unable to recover any damages.
- Waiting too long to file a claim. If you intend to file a personal injury claim after a car accident, you must do so before the “statute of limitations” expires. In Virginia, you must file a claim within two years of the date of the accident. However, there are certain exceptions to the two-year filing deadline. For example, for motorists who are under the age of 18, the clock starts when the driver turns 18. If your claim is filed after the deadline passes, your claim will likely be denied, and you will be prohibited from recovering any damages.
- Not consulting with a lawyer. It is highly recommended that you contact an experienced car accident lawyer if you were injured in a car accident, particularly if the other motorist is claiming that you were partially at fault. A dedicated car accident lawyer will review the details of the accident, ensure that the at-fault driver is held liable for their actions, and pursue the maximum financial compensation you deserve.
- Posting on social media after the accident. Similar to making seemingly innocent comments to the other driver at the accident scene, posting anything on your social media platforms can also jeopardize the success of your claim. The insurance company can take a picture or a comment out of context and use it against you. For example, if you suffered a broken leg in the accident, and you post a picture on Instagram of you out to dinner with friends a couple of days later, the insurance company may question the severity of your injury, arguing that you would likely still be experiencing a significant amount of pain mere days after breaking your leg.
- Accepting an initial settlement offer. When the insurance company presents an initial settlement offer, it may seem like a large sum of money. However, insurance companies are businesses, and they will resort to a range of tactics to get you to accept a lowball offer. Unfortunately, this rarely covers the full extent of your injuries, including surgeries, long-term medical expenses, lost wages, and pain and suffering. It is in your best interest to consult with a car accident lawyer before accepting a settlement from the insurance company.
A Virginia Beach Car Accident Lawyer at Anchor Legal ® Advocates for Victims of Car Accidents in Virginia Beach
If you or someone you know was seriously injured in a car accident in Virginia Beach, it is highly recommended that you contact an experienced Virginia Beach car accident lawyer at Anchor Legal at your earliest convenience. Our highly skilled and dedicated legal team will conduct a thorough investigation into the details of the accident, determine who is responsible for your injuries, and pursue the maximum financial compensation you deserve. We will continue to fight for you until you are completely satisfied. To schedule a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we gladly serve clients in the surrounding areas.