Seven Important Things to Do After a Car Accident
By: Kevin Stouwie
Board Certified in Personal Injury Trial Law
Texas Board of Legal Specialization
1. Call the police and be sure to calmly and truthfully explain the accident to the investigating officer. The details matter, so take your time and do not be intimidated. Most police officers will listen to you if you are calm and logical. If you are taken to the hospital before being able to speak to the police officer, politely insist that the officer speak to you at the hospital. In serious injury cases, the police are often unable or unwilling to go to the hospital and obtain the injured person’s perspective of what happened. If necessary, call the police department and insist that the investigating officer either document that he failed to speak to you, or insist on having the officer do a supplement to the report.
2. If your vehicle sustained damages, take plenty of photos of the damage to your car and the other car – if you can. Many cell phones have cameras, or if you don’t have any kind of camera, have a friend or family member take as many photos of the scene and the vehicles as you can. If you call them from the scene, explain how important it is to act right away. Be sure to photograph any doors, trunks, or other latches that do not open or close properly. It is also worth looking to see if any of the wheel wells have been pushed in or are rubbing up against the tires. Finally, if there is any damage to the inside of the vehicle, or other signs of the force of the impact, such as blood, airbags deployed, cracked window glass or damaged plastic components, document all of this with photographs.
3. If you have any visible injuries (bruises, scrapes, cuts, etc.), have a friend or family member take photos of those injuries immediately. As the bruises, cuts, or other injuries heal, continue to document the process with photographs. You can talk to a jury about your injuries all day, but showing them photos is far more effective.
4. Be calm and civil at the scene of the accident. There is no need to be a jerk or fly off the handle. Things you say and do at the accident scene can come back to haunt you later. Don’t apologize for causing the accident unless you are 100% sure you are at fault.
5. Talk to your insurance company, but not the other party’s insurance company. The insurance company for the other party will likely want to take a recorded statement by phone or otherwise. You are under no obligation to do so. In my experience, there is very little (or nothing) to be gained from giving such a statement. Talk to a lawyer before you do anything that would jeopardize your rights. The insurance company representatives often act interested in your case, sympathetic, friendly, and helpful. In my experience, they are usually trying to minimize your injuries, create questions about the cause of the accident, and “box” you into a story that hurts you later. Remember, the insurance company isn’t paying these people to pay out money, they’re paying these people to save the company money whenever and wherever possible.
6. If you were injured in the accident (or even if you’re not sure!), by all means seek medical help (at least an exam) as soon as possible. Most people make the mistake of trying to tough it out or they decide to wait and see how they feel later before deciding to see a doctor. This is a huge mistake. One of the biggest reasons personal injury claims fail or receive inadequate settlements is because the injured person waited too long before seeking medical attention. How long is too long? In my experience, insurance companies will give you a very hard time and discount (or even deny) any injury claim if you wait longer than 3 days to seek medical care. Imagine an insurance company lawyer standing in front of a jury saying, “If a person is REALLY hurt, they don’t wait to go to the doctor.” Lawyers and adjusters make this argument every day, and it is very effective. You don’t want them to do this to you and your claim.
7. If you were injured, it is wise to hire an attorney who has experience in handling injury cases, including cases where a lawsuit and trial may be necessary. Many lawyers “take” injury cases, but very few of these attorneys actually have experience in going to trial and presenting these cases to judges and juries. It should come as no surprise that the insurance companies know which lawyers are experienced at handling personal injury cases the right way. Such lawyers tend to obtain the best results for their clients.
ABOUT THE AUTHOR: Kevin Stouwie
Mr. Stouwie, has dedicated his professional life to helping people. His law firm, Stouwie & Mayo, is a premier San Antonio area Personal Injury law firm dedicated to helping people who have suffered injury or death caused by others. The firm’s clients come primarily from the San Antonio area and surrounding counties. However, the firm does handle select cases throughout the state of Texas. Clients of the firm have recovered monetary compensation in thousands of cases over the years. Mr. Stouwie and his partner, Chris Mayo, have just one mission in their law firm; fight hard for the rights of every single client, and then get the client the best result possible. The firm successfully handles a wide variety of case types from small automobile accidents to wrongful death cases. Mr. Stouwie prides himself in being approachable and personally attentive to all clients..
This article is for informational purposes only. It is not intended to provide legal advice, as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.