What to Do After a Car Accident: How a Lawyer Can Help

In the instant of a car accident, the shock can feel like the world has stopped. It hasn’t, however, and the moments following an accident demand calm, clear thinking, and prompt action.

Knowing what to do in case of a car accident can make a significant difference in ensuring your safety, protecting your legal rights, and setting the groundwork for potential claims. 

Here’s a quick guide of steps you can follow in the immediate aftermath of an auto accident.

What Should I Do After a Car Wreck?

Take a Breath and Get to Safety

First and foremost, prioritize your health and safety. 

If the accident has caused injuries, assess your condition and that of your passengers. Remain inside your vehicle if it is unsafe to exit due to traffic or other hazards, but if possible, move to a secure location away from further harm. 

If your car is operational and poses a risk of obstructing traffic, move them to the side of the road while keeping their positions marked in your memory for later reference.

Call for Help

Call 911 immediately to report the accident, regardless of its severity. Even if the damage appears minor, a police report can be priceless for insurance claims and legal proceedings. 

Emergency responders can also provide medical assistance to those in need and help manage the scene to prevent further accidents.

Document Everything

If you are able, collect as much evidence as you can while you wait for emergency responders. 

Exchange contact and insurance information with all parties involved. Record the other driver’s name, address, phone number, driver’s license number, license plate number, and insurance policy details. Take note of the make, model, and color of the vehicles involved.

Take pictures and video of the accident scene, and get the contact information of any witnesses. All of this evidence can help your claim and prove fault.

Stick to the Facts

Avoid engaging in confrontational exchanges with other drivers or passengers. Instead, focus on gathering information and maintaining a calm demeanor. Admitting fault at the scene or making statements that could be misinterpreted might complicate legal or insurance matters later.

Get Medical Treatment

Even if injuries seem minor, seek immediate medical attention after a car accident for your health and any future legal or insurance claims. Adrenaline and shock can mask pain, leading many people to underestimate their injuries.

Deciding between urgent care and an emergency room visit depends on the severity of your injuries. Emergency rooms are best for serious injuries like fractures, head trauma, or significant bleeding. Urgent care centers, on the other hand, can address moderate injuries like sprains, cuts, or mild whiplash. Prompt medical evaluation not only ensures your well-being but also creates a medical record that links your injuries to the accident.

Delayed injuries, such as back pain, neck pain, or whiplash, are common after accidents. These conditions may not manifest symptoms until days or weeks later, but they can significantly impact your quality of life. Reporting these symptoms to a healthcare provider promptly ensures they are documented, which is critical for insurance and legal claims.

Talk to a Car Accident Lawyer

Being involved in an accident caused by someone else can be both stressful and frustrating, and you shouldn’t have to bear the burden of someone else’s mistake. 

Serious car accidents can leave you with piling medical bills, severe injuries, and lost wages from missed work while recovering. For these reasons, you may be entitled to compensation for your damages. That’s where Morgan & Morgan comes in.

Consulting with a personal injury attorney at Morgan & Morgan can help protect you from being unfairly blamed or under-compensated. An attorney will guide you through the legal process, negotiate with insurance companies, and, if necessary, represent you in court to ensure a fair outcome.

When and How to Report a Car Accident

Reporting a car accident is a legal and practical necessity. The timing and method of reporting depend on the nature of the accident and local laws.

Most states require that you report an accident to the police if it involves injuries, fatalities, or significant property damage. Even in minor accidents, filing a police report is often advisable, as it provides an official record of the incident. When contacting law enforcement, provide a factual account of the events without speculating about fault.

In addition to notifying the police, you must report the accident to your insurance company promptly. Most insurance policies have specific timelines for reporting accidents, often within 24 to 48 hours. Delayed reporting can jeopardize your ability to file a claim.

Certain jurisdictions require accidents to be reported to the Department of Motor Vehicles (DMV) or similar agencies, especially if damages exceed a certain monetary threshold. Failing to report an accident when required can result in fines, license suspension, or difficulties in filing insurance claims.

Addressing Specific Accident Scenarios

Not all accidents involve two moving vehicles. Some scenarios require unique approaches and considerations.

If your car is hit while parked, report the incident to the police and your insurance company. Leave a note with your contact information if you inadvertently damage another vehicle while parking. For hit-and-run incidents, attempt to gather as much information as possible, such as surveillance footage or witness accounts.

Accidents involving stationary objects or potholes may require additional steps. Document the damage and conditions that led to the accident, such as a lack of warning signs or poorly maintained roads. Reporting these incidents to local authorities or property owners can establish accountability.

Accidents involving uninsured or impaired drivers often present significant challenges. In such cases, uninsured motorist coverage or personal injury protection (PIP) policies may help cover your expenses. When working with Morgan & Morgan, your attorney can help you navigate these complex situations effectively.

Navigating the Claims and Legal Processes

Filing an insurance claim is one of the first steps in seeking compensation after a car accident. Start by notifying your insurance company and providing them with the necessary documentation, including the police report, photographs, and medical records. Be honest and thorough in your account of the accident.

Insurance companies often have strict timelines for filing claims. Missing these deadlines can jeopardize your ability to recover damages. Understanding the terms of your policy is crucial to avoid pitfalls during the claims process.

When dealing with insurance adjusters, exercise caution. Their goal is to minimize payouts, which can lead to tactics such as undervaluing claims or pressuring you into quick settlements. Consulting with an attorney can help to ensure your interests are represented and help you fight for fair compensation.

If settlement negotiations fail, filing a lawsuit may be necessary. This process involves gathering evidence, submitting legal documents, and potentially appearing in court. An experienced attorney will guide you through each step, advocating for your rights and ensuring you are well-prepared for any legal proceedings.

What NOT to Do: Common Mistakes to Avoid After a Car Accident

Car accidents can be overwhelming, and it is easy to make mistakes that could weaken your case or claim. Avoiding these pitfalls is essential to protecting your rights and securing fair compensation.

One of the most common mistakes is admitting fault at the scene. Even seemingly innocent statements like “I didn’t see you” can be used against you in legal or insurance disputes. Stick to factual statements and allow authorities and insurance companies to determine fault.

Delaying medical attention is another error that can undermine your case. Prompt evaluation and treatment not only ensure your health but also create a medical record that establishes a connection between the accident and your injuries.

Failing to document the accident thoroughly is a critical oversight. Incomplete or inaccurate information can weaken your claim. Take the time to gather all necessary details, including photographs, witness accounts, and police reports.

Finally, avoid accepting the first settlement offer from an insurance company without consulting an attorney. Initial offers are often lower than what you may be entitled to, and an attorney at Morgan & Morgan can help negotiate a more favorable outcome.

How Morgan & Morgan Can Help

If you or a loved one has been injured in a car accident that wasn’t your fault, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. At Morgan & Morgan, we have the resources and experience to take on large corporations and fight for justice on your behalf.

With offices in every state across the country, we can assist clients no matter where they are. Plus, we work on a contingency fee basis, so you pay nothing unless we secure a settlement or verdict for you. That’s right, the Fee Is Free™—you only pay if we win.

Contact us today for a free, no-obligation case evaluation. 

Frequently Asked Questions

Can you go to urgent care after a car accident?

Yes, you can and should seek medical attention at an urgent care facility after a car accident if your injuries are not life-threatening but still require prompt evaluation. Urgent care centers can address common post-accident issues like minor fractures, bruises, sprains, and cuts. Prompt medical attention not only ensures your health and safety but also creates a medical record, which can be essential if you decide to file an insurance claim or lawsuit.

How can I file an auto accident lawsuit?

To file an auto accident lawsuit, consult an attorney first. Contact Morgan & Morgan for a simple, free case evaluation to learn more about your legal options and other details.

Your attorney will need to know what evidence you have onhand. You may need to acquire additional evidence, and your lawyer can assist you with this, including gathering witness statements.

Your attorney will draft and file a complaint in court, officially starting the lawsuit. The legal team will serve the defendant, and the at-fault party will be formally notified about the lawsuit.

Your case may involve negotiation, discovery, mediation, and, if necessary, a trial.

I hit a parked car—what should I do?

If you hit a parked car, stop immediately. Never leave the scene of the accident—doing so is illegal and can get you into more trouble.

Try to find the car’s owner and exchange information. If you can’t locate the owner, leave a note with your name, contact information, and a brief description of what happened.

For your own benefit, document the damage. Take photos of the damage to both vehicles. This way you can’t be blamed for anything more than the actual incident. Also, consider if there was anything about the parked car that makes you partially not at fault. For instance, are you able to document that the car was parked in a no-parking zone or in a hazardous position on the road?

Next, notify your insurance company to avoid complications later. If you feel that the parked car was illegally parked and created a hazard for you, state this in your report. If necessary, contact Morgan & Morgan to share your side of the story and learn more about your legal options.

Should I report my accident to the DMV?

In many states, you must report a car accident to the Department of Motor Vehicles (DMV) if it results in significant property damage, injuries, or fatalities. Requirements vary by state, so check local laws to determine your obligations. Failing to report an accident when required can result in penalties, including fines or license suspension.

What should I do if a drunk driver totaled my car?

If a drunk driver totals your car, you should respond as you would with most car accidents. The major difference is if you suspect the driver was drunk, you should report this information to the authorities arriving at the accident scene.

That means first, call 911, and ask for a police response. Report the accident and ensure the drunk driver is tested for intoxication.

Prioritize your health and get medical care for any injuries. Even if you feel fine, some injuries won’t show symptoms right away and can worsen over time. You also want to officially document any injuries the accident caused you for evidence in a personal injury claim.

If you are able before leaving the scene, document details of the incident. Take photos, collect witness information, and keep copies of the police report. File a claim with your insurance company, even if the drunk driver is at fault.

As with any car accident that wasn’t your fault, you should also speak to an attorney. A car accident lawyer at Morgan & Morgan can help you pursue compensation from the drunk driver or their insurance for damages, medical expenses, and pain and suffering.

What should I do if I’m sore after an accident?

If you experience soreness after a car accident, visit a doctor or urgent care facility to evaluate potential injuries such as whiplash or soft tissue damage. From there, keep a record of your pain and how it affects your daily activities. Be sure to adhere to your doctor’s recommendations, which may include rest, physical therapy, or medication.

If your soreness is a symptom of an injury, notify your insurance as soon as possible. If your accident was caused by someone else’s negligence, you may also want to speak to a lawyer to learn the full extent of compensation you may be entitled to.

What if I’m in an accident and the other driver doesn’t have insurance?

If the other driver lacks insurance, document the incident and file an official police report. Review your insurance policy for uninsured motorist (UM) coverage, which can help cover your damages. Some states also have compensation funds for victims of uninsured drivers, so be sure to look into your options.

You may want to seek additional legal advice. An attorney at Morgan & Morgan can explore other options, such as pursuing the at-fault driver directly for compensation.

If you’ve been involved in a car accident, Morgan & Morgan is here to help. Our experienced attorneys can guide you through the legal process and fight for the compensation you deserve. Contact us today for a free case evaluation.