Help! I’ve Been In A Car Crash! What Now? – The First
24 Hours
In this essay, we are going to cover the most pressing
questions people have immediately following a collision, including the
information-gathering process, police and incident reports, what to do about
the other person's insurance, at-the-scene documentation, if and when you need
to call the police, what to file within the first couple days, and whether you
should make any statements to other parties involved in the collision. More
importantly, we are going to discuss how you can get all these things taken
care of early so you do not run into trouble later.
Who do I call after my collision?
First, call 911. If you cannot call,
get a bystander to call. A police officer needs to come to the scene and make a
police report so you can be sure
everything is properly documented. Make sure pictures are taken of the damage
to vehicles, as well as their position and orientation to each other.
If you are able, take
pictures of the licenses and insurance information of the other people
involved in the collision. This will be the easiest way to make sure you have
all the information necessary to reach the other parties involved in the
collision if need be.
Also, snap photos of all
of the visible damage done to both your vehicle and the vehicle that hit you. If multiple cars are involved, take photos of
all damage to all vehicles and any damage to personal property as well (such as
if cars were pushed into fences, signposts, etc.). Lastly, if possible, make sure to get photos
of the positions of all of the involved vehicles just after the collision.
If you are injured, go to
the doctor. If need be, ask for an ambulance to take you to the emergency
room. You can also call a loved one to let them know what happened, and have
them take you to get medical care. If you are injured at all, it is best to seek professional medical assistance as
soon as possible.
Should I talk about the collision at the
scene?
We recommend that you only speak to police officers about what
happened in the collision or how you feel. Do not discuss “fault” with the
person who hit you or the witnesses. If
you speak to witnesses, get their contact information and ask what they
saw. If you speak to other drivers involved in the collision, get their contact
and insurance information. If the person that hit you is hostile to you, which
happens sometimes, we recommend taking a video of that person on your mobile
phone.
When is it appropriate to leave the scene
versus staying until the police get there?
Ideally, you should always stay
and wait for the police to arrive. You may need to get your car off the
road and to an area where you can safely wait for the police without blocking
traffic. In some circumstances, the
police will not respond to a collision. A 911 dispatcher will let you know
whether police are coming.
If the police do not come to the collision, you will need to
gather documentation on your own. Take photos of license plates, insurance
cards, and driver’s licenses, if possible. Also get the names and contact
information of any witnesses.
Then, you can go to the
police station and file a report yourself. Under Washington Law, you must
file a police report within four days of the incident. However, some insurance
policies require you to file a police report within 48 hours if no police came
to the scene, so be on the safe side and file your report within 48 hours.
Should I call an insurance agent or an
attorney?
Call your insurance agent first to open a claim. This will help
expedite the repair of the car and help you get a rental car sooner. They can
also tell you if you have Personal Injury Protection (PIP) so you can schedule
a doctor's appointment. Then call an
attorney so they can help advise you on your claim and your next steps.
If my car was towed, what do I do?
If your car was towed, get it out of the tow yard as soon as
possible. Tow yards charge daily storage
fees, so you want to keep those costs as low as possible. Call the other
driver’s insurance company and let them know your car is there; they will
typically get it out of the tow yard themselves so they do not rack up daily
storage fees. If the other insurance company will not assist you, contact your
own insurance or contact your attorney immediately. This is also something we
can assist with.
Can I get a rental car?
Typically you can if you had rental car coverage as part of your
insurance policy at the time of the collision. The at-fault party will also
allow for a rental car until your vehicle is fixed or your car is determined a
total loss (totaled).
Can I get a rental car if it is not covered in
my insurance?
Yes, you can. If neither of the insurance companies will pay for
a rental car, you can pay for it yourself upfront, and we can get it reimbursed later if you had the rental car for a
reasonable amount of time. Be diligent in getting your car fixed or getting
into a new car as soon as possible because it is difficult to get reimbursed
for the rental car if you had it for an unnecessarily long period of time.
Should I talk to the adjuster that's calling
me?
You have a duty to speak with the adjuster from your own
insurance company. You have no duty to speak with the at-fault driver’s
insurance company and we recommend you do not communicate with the
at-fault driver's insurance company unless it is about vehicle damage only. Do not
answer questions about how the collision happened (liability), your injuries,
or how you're doing. The at-fault
driver's insurance company will pressure you to give them information, so that
information can be later used to avoid compensating you. The only
information you should discuss is vehicle damage.
Do I give a statement to the at-fault driver's
insurance company?
Absolutely not! If
they ask for a statement, call an attorney. They are looking for things to use against
you and want a recording from you they can use in Court. They know you may
simply forget to give them information about all your injuries, allowing
them to later claim “your neck did not hurt when we first spoke, yet here you
are claiming significant neck pain and bills from your doctor.” They know how
to ask very leading questions that can be interpreted in their favor at a later
time. Even when talking to your own insurance, it is best to have the advice of
an attorney. You do not want to inadvertently say something that could be held
against you. Remember—insurance companies are not your friend. They will use tricks
and deceit in order to avoid reasonable compensation for your injuries.