What To Do and What Not To Do After an Auto Accident?
If you have ever been injured in an auto accident, then you know just how unnerving it can be––and that’s just for a simple fender bender. The more serious the accident, the more intense the consequences. If you have been injured, and another party is at-fault or liable for the injuries, you can file an insurance claim. In some cases, you may even file a lawsuit. To be successful at either one of these (and by successful, we mean receiving full and fair compensation for all damages), much of it will depend on what you did (or did not do) directly or soon after the auto accident.
If you are reading this because you were recently in an auto accident and want to discuss your case with a knowledgeable, trusted personal injury attorney in Los Angeles, contact us. We will connect you with the right attorney for your case. The below do’s and don’ts are just the beginning of a personal injury case. There may be more investigative work needed as well as the collection of more evidence. Don’t hesitate and reach out today.
What You Should Do in Los Angeles after an Auto Accident
There are things you should definitely do after an auto accident regardless of how small the accident is or how minor you think your injuries are. Below are things to do directly after the accident and then as soon as you can.
Directly After an Auto Accident: What to Do
1. Exchange driver information. Under California Vehicle Code § 16025, drivers in an accident are required to exchange certain information:
- Name;
- Current address;
- Driver’s license number;
- Vehicle identification number; and
- Vehicle owner’s address if different from the driver.
2. Call 911 or the police. If the damage to the vehicles warrants it or if anyone is injured in any capacity, you should get the police involved. This way they will record what they see at the scene, maybe even issue a ticket, and may disclose in the police report who they think is at-fault. Also, if anyone has been injured, 911 will send first responders. Getting medical attention is critical after an auto accident. Further, such report may be extremely useful for your personal injury case.
3. Gather eye witness contact information. If you weren’t seriously injured (or maybe the injury hadn’t materialized quite yet), check to see whether anyone is around and witnessed the accident. If so, try to take down their names and numbers.
4. Take photographs and videos. Take long photographs and close-ups from all different angles of just about everything, like:
- Damage to vehicles;
- The overall scene of the accident; and
- The conditions of the road or weather.
5. Gather camera recordings and statements. Ask the witnesses to share any photos or videos they had taken at the time of the collision. Check if nearby businesses have surveillance cameras and ask for the accident footage as soon as you handle more important emergencies. If possible, because most times it likely won’t be, take a statement down from eyewitnesses. Simply get your phone and record their statements if they agree.
6. Get medical attention. In some cases, you may not present symptoms of an injury, but you may still want to be checked. Go to the hospital and advise them that you were in an accident and want to make sure you don’t have a concussion or any other possible injury. Even if nothing shows up right after the accident, symptoms can materialize later. So, by going to the hospital and establishing a medical record after the accident, you’ll be in a better position to prove and argue that any delayed injury is, in fact, the result of the accident and not something else you did after the accident.
7. Take notes. If you were injured, you may not have been able to do it right away, but at the best time for you, take a minute and make some notes. Review any pictures you may have to spark your memory. Because the way events occurred can get blurred in our memories, try to recall all that happened as soon as possible and record it, like:
- What were you doing at the time of the accident (e.g., stopped at a traffic light, looking at the rear mirror)?
- What was the weather like?
- What were the road conditions like?
- What was traffic like?
- What was the other vehicle in the accident doing––if you saw or can recall?
Later, After the Accident: What to Do
There are still things to do after you have had your injuries treated from an auto accident, but three things are essential.
1. Contact an attorney in Los Angeles. If the only damage was minor property damage, then an attorney won’t be necessary. But in all cases where a driver or passenger suffered an injury, a personal injury attorney can help make sure you get just and fair compensation. But an attorney can also help you with the next step.
2. Make a statement with auto insurance company(ies). If you decide to not hire a lawyer, you will have to at least report the accident to your auto insurance company and/or the insurance companies of all at-fault parties. Under your agreement with your own insurance company, you likely have to make a statement but don’t do so without legal counsel if you are considering to hire a lawyer. You think your own insurer is there to help you and advocate for you, but they aren’t necessarily. Though not in all cases will your insurance company turn on you, it’s important to keep in mind that their priority is the company’s bottom line. That means they could settle well below what is fair and just, and they can use whatever you say in the statement as a reason to settle for less. Remember that insurance companies work for profit.
3. Take care of yourself and follow any and all doctor’s orders or care plans. An auto accident can be traumatizing, so it’s important to take care of yourself and recover. Further, if you have been given a care plan or prescribed any medication, it’s important to do just as the doctor prescribes. Anything less means the at-fault party can argue you that you exacerbated your injuries for failure to adhere to a care plan. Plus, it’s just important to heal so you can get back to your life, work, and family – while the attorney professionally covers the legal matters.
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What You Should NOT Do in Los Angeles after an Auto Accident
There are many things you should not do after an auto accident in Los Angeles, too. Here’s the rundown.
1. Do not admit fault or otherwise indicate being guilty. So, do not accept fault to any aspect of the collision or in any way suggest you may have contributed to an accident, nor even apologize. For example, don’t get out of the car and say sorry or say, “I was on my phone and …” or “I didn’t see you and then…!” It may seem nice to apologize, but NOT in an auto or other accident, when others will definitely take advantage of your niceness. The same is true if the police appear on-site and ask questions––absolutely do not say it was your fault or apologize for anything. Moreover, do not guess anything, nor say anything you are not 100% sure about.
2. Do not flee the scene of the accident. In some instances, you may feel guilty and immediately decide to flee the scene of the accident. This will be more tempting if you hit a parked car or object and you think nobody was able to obtain your license plate or otherwise identify you. Remember that it is illegal to hit and run from the scene, and that someone will most probably see you, identify you or your car, take a photo or video, or obtain a surveillance camera recording. This will only make your situation worse or even terrible. Therefore, always stop to see what happened, check if anybody was injured, and if you hit a parked car kindly leave a note with your contact information. Such behavior will only benefit you in the long run.
3. Do not give a statement to the other party’s insurance company. The at-fault party’s insurer may try to contact you. Simply tell them they must speak to your attorney or say nothing at all but, “I will give a statement to my own insurance company and that will be provided to you.”
4. Do not think that no apparent injury after an accident is no injury. Your head and neck may have been snapped back but you feel fine soon thereafter, so you may think it’s nothing to worry about. But whiplash is one of the most common types of injuries in auto accidents, and often symptoms don’t appear until hours or days later. What’s worse: whiplash can lead to chronic pain if not addressed timely and properly. And if you assume you can’t do anything about it, then you won’t get compensated for it. Go to a doctor and establish a link between neck, back, or other pain and the auto accident you were involved in. Even if you go to the doctor a day later, advise the doctor you were in an accident, your head snapped back, and now you suffer from pain, stiffness, etc.
5. Do not not seek legal help. As mentioned, if it’s a simple fender bender, you may not need an attorney. For more extensive property damage, you will, and you definitely will if there was any bodily harm. A personal injury lawyer can make sure you get fair and just compensation and argue against the at-fault party’s suggestion that you contributed to the accident in any way. And even if you did contribute to the accident, an attorney will continue to advocate your rights to minimize your damages and maximize a settlement or jury award on your behalf.
Find a Trusted, Resourceful Personal Injury Attorney in Los Angeles Today
If you have been in an auto accident, things can get ugly quickly. Try to stay calm and breathe. Don’t beat yourself up for things you forget to do or things you did but shouldn’t have. Do what you can and then let us do the rest. Contact us today so we can align your needs with the right property damage and personal injury attorney in Los Angeles.
