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What To Do After A Car Accident
Whether you are involved in a minor fender-bender or a more serious collision in Philadelphia, both can leave you feeling disoriented and unsure of what to do next. Knowing the steps to take immediately after an accident can protect your rights, minimize stress, and facilitate a smoother claims process.
1. Ensure The Safety of Everyone Involved
The first and most crucial step after a car accident is to ensure the safety of everyone involved.
Check for Injuries
If anyone is hurt, even if it seems minor, call emergency services right away. Some injuries, such as internal bleeding or concussions, may not be immediately apparent.
Move to a Safe Location
If your vehicle is drivable, move it to the side of the road or a safe location away from traffic to prevent further collisions. Turn on your hazard lights to alert other drivers. If your car cannot be moved, remain inside with your seatbelt fastened until help arrives, provided it is safe to do so.
2. Call 911
Notify the authorities as soon as possible. Under Pennsylvania law (Title 75 Pa.C.S.A. Section 3746) you are required to report a car accident to the police if the accident involves injury, or death, or if the vehicles involved are damaged to the extent that they cannot be driven safely. However, it is typically in your best interests to always notify law enforcement after a collision so that an accident report can be created.
- Cooperate with Responders: When the police and emergency responders arrive, provide them with all necessary information. Be truthful and accurate when describing what happened. Avoid speculating or admitting fault, as this could impact the investigation and any future legal proceedings.
- Obtain a Police Report: Ask for the police report number so that you can obtain a copy of the police report when it becomes available in about two weeks. The police report is an essential document that provides an official account of the crash, including statements from drivers and eyewitnesses, as well as the officer’s opinion on fault. As a result, this report can be crucial for your insurance claim.
3. Document the Accident Scene
Collecting evidence immediately after the accident can help protect your rights and establish the facts of the case. For example:
- Take Photos and Videos: Use your smartphone or camera to take clear, detailed photos and videos of the accident scene from multiple angles. Capture the positions of the vehicles, any visible damage, skid marks, road conditions, traffic signs, and any other relevant details. Also, photograph any visible injuries.
- Exchange Information: Exchange contact and insurance information with the other driver(s) involved in the accident, including names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance policy details. If there are witnesses, ask for their contact information as well, as their testimony may be critical later.
- Note the Details: Write down the time, date, and location of the accident, along with weather and road conditions, and the names and badge numbers of the responding police officers.
- Look for Surveillance Cameras: Check for nearby cameras that may have captured the accident. For instance, at intersections, businesses, or on private property. Video footage can serve as strong evidence if there are disputes about what happened.
4. Seek Medical Attention
Even if you feel fine after the accident, it is vital to seek medical attention as soon as possible after leaving the scene. Some injuries may not manifest immediately, and a thorough medical evaluation can identify hidden issues that could worsen over time.
- Follow Medical Advice: Adhere to the treatment plan prescribed by your healthcare provider. Keep records of all medical visits, treatments, medications, and any associated expenses. These documents will be necessary when filing an insurance claim or pursuing legal action.
- Consider Long-Term Health: Some injuries may require ongoing treatment or rehabilitation. Be aware of any changes in your physical or mental health in the weeks and months following the accident. Early intervention can prevent long-term complications.
5. Notify Your Insurance Company
The next step is to notify your insurance company about the crash as soon as you can. Provide them with the necessary details and your account of what happened. In Philadelphia, car insurance operates under a choice “no-fault” system. This means that you most likely carry Personal Injury Protection (PIP) coverage, which will pay for your medical expenses, lost wages, and certain out-of-pocket costs, regardless of who is at fault.
With this “limited tort” option, you cannot sue for non-economic damages such as pain and suffering unless your injuries qualify as “serious” under state law, the at-fault driver was intoxicated, was driving an out-of-state vehicle, or does not carry insurance. In that case, you may be able to step outside of the no-fault system and file a third-party claim with the at-fault driver’s insurer for additional compensation. On the other hand, if you carry “full tort” insurance, you are able to sue the at-fault driver regardless of the severity of your injuries.
7. Keep Records
Maintain comprehensive records related to the collision, including the police report, medical reports and bills, repair estimates, receipts for vehicle damage, towing fees, rental car charges, and any other out-of-pocket costs, correspondence with your insurance company, and any photographs or videos taken at the scene. Keeping detailed notes of conversations with insurance adjusters and other parties involved can also be helpful for your claim and potential legal proceedings.
6. Consider Legal Representation
In some cases, especially those involving serious injuries, significant property damage, or disputes about fault, it is highly beneficial to consult a trusted top Philadelphia car accident lawyer. Hiring legal representation can help protect your rights, determine who is liable, and ensure that you receive fair compensation. If your case goes to court, your lawyer will guide you through the legal process, including filing a lawsuit, gathering evidence, and representing you in court.
Common Mistakes After A Car Accident
Failing to Call the Police
Not reporting the accident to the police can result in the lack of crucial evidence, which may lead to disputes with insurance companies and complicate the claims process.
Admitting Fault at the Scene
It’s better to avoid making any statements that could be interpreted as taking responsibility for the accident. Determining fault is a complex legal process that should be left to insurance companies and, if necessary, the courts.
Not Seeking Immediate Medical Attention
Even if you feel fine after an accident, some injuries, like whiplash or internal injuries, might not show symptoms immediately. Delaying medical treatment can not only jeopardize your health but also weaken your claim. Insurance companies may use any delay in medical care to argue that your injuries were not caused by the accident.
Discontinuing Medical Treatment
Failing to follow your doctor’s treatment plan after a car accident can hurt your claim by making it seem like your injuries are not severe. It can also affect your credibility, make it harder to prove your injuries were caused by the accident, and lead to arguments that you didn’t take steps to recover, all of which can lower your settlement.
Not Collecting Sufficient Evidence
Failing to document the accident scene, vehicle damage, and witness information can make it harder to prove what happened.
Providing Inaccurate Information to Insurers
Inaccuracies or omissions in your report to the insurance company can delay or reduce your settlement.
Accepting the First Settlement Offer
You may feel eager to settle quickly, but an insurance company’s initial offer is often much lower than your claim’s value. It’s important to evaluate it carefully and consult a Philadelphia car accident lawyer before accepting.
Not Hiring a Lawyer
Handling a car accident claim on your own can result in lower compensation. Research shows that accident victims who hire a lawyer recover close to three and a half times more in compensation even after legal fees than those who go through the process alone.
How Can a Car Accident Lawyer Help Me?
A Philadelphia car accident lawyer can provide crucial assistance in multiple ways, including the following:
Legal Guidance
A lawyer can help you understand your legal options after a car accident, including the value of your claim.
Navigating Complex Laws
Car accident laws, including tort options (full vs. limited tort) and insurance regulations, can be complex. A lawyer can explain these in plain terms and help you make informed decisions.
Handling Insurance Companies
Insurance companies often use various tactics with the goal of minimizing payouts. A lawyer can protect you by negotiating on your behalf to ensure you receive the maximum compensation possible. Filing a claim also involves substantial paperwork. An attorney can manage this, ensuring that all necessary documents are submitted correctly and on time.
Proving Liability and Damages
To prove another party’s liability, a lawyer has the resources to collect and analyze evidence. They may also work with accident reconstruction experts to establish how the collision occurred and its cause. They will also help ensure there is documentation on all your losses, including medical bills, repair costs, and lost wages, to build a strong case for compensation.
Representing You in Court
If a fair settlement cannot be reached, a lawyer can file a lawsuit on your behalf and represent you in court. They will handle all aspects of the litigation process, from filing motions to arguing your case before a judge or jury.
Reducing Stress
Dealing with the aftermath of a car accident can be overwhelming. A lawyer can handle all legal and procedural aspects, allowing you to focus on your recovery.
Car Accident FAQs
Q: How long do I have to file a lawsuit after a car accident in Philadelphia?
A: The statute of limitations for filing a personal injury lawsuit after a car accident is generally two years from the date of the crash. Failing to file within this timeframe may result in losing your right to seek compensation
Q: What if the other driver doesn’t have insurance?
A: If the at-fault driver is uninsured or underinsured, you can file a claim under your own uninsured/underinsured motorist coverage if you have it. This coverage is optional but can be invaluable in this situation.
Q: How is fault determined in a car accident?
A: Insurance adjusters analyze the police report, witness statements, and physical evidence from the accident scene to assess fault. Pennsylvania follows a “comparative negligence” rule, meaning you can recover damages as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
Q: What types of compensation can I recover after a car accident?
A: You may be compensated for medical expenses, lost wages, property damage, pain and suffering, and, in some cases, punitive damages if the other driver was incredibly reckless.
Q: How long does it take to settle a car accident claim?
A: The time it takes to settle a car accident claim can vary widely, depending on the complexity of the case, the severity of injuries, and the cooperation of the insurance companies involved. Simple claims may settle in a few weeks, while more complex cases can take several months or even years
Q: When should I hire a lawyer?
A: Hire a lawyer as soon as possible after a car accident, particularly if there are significant injuries, disputes about fault, or if multiple parties are involved. Hiring a lawyer early in the process can help protect your rights, ensure proper documentation, and manage communication with insurance companies. A lawyer can also provide crucial advice on legal deadlines, such as the statute of limitations, which typically gives you two years to file a personal injury lawsuit in Pennsylvania.
Q: How do I choose the right attorney?
A: Start by researching attorneys with experience in car accident cases. Look for a lawyer with a strong track record of successful settlements and trial verdicts. Check online reviews and ask friends, family, or colleagues for recommendations. Schedule free consultations to discuss your case and gauge an attorney’s experience and communication style. It is critical to choose someone you feel comfortable with and who explains the legal process clearly.
Q: How much does a car accident lawyer cost?
A: Many Philadelphia personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case or receive a settlement. Discuss the fee structure with your attorney during the initial consultation to avoid any surprises later.
Contact Rosenbaum Injury Law Today
If you or a loved one has been injured in a car accident, get in touch with Rosenbaum Injury Law today. Our team is here to help you during this difficult time. Contact or call us at (215) 569-0200 today.