Getting into a car accident is complicated. Not only do you have to deal with the damages to your vehicle and the injuries to yourself, but also all the complications of paperwork and insurance claims.
“If your car accident requires you to file a lawsuit, things will become even more complicated,” says C. James Williams, III, Principal for Virginia-based law firm Burnett & Williams. Here, he explains the steps every Virginia resident should know to take if they find themselves in a car accident.
What To Do In A Car Crash
We all know that getting in a car accident is a stressful time. A million thoughts are racing through your head, not to mention the adrenaline of being involved in a potentially traumatic event, so it can be easy to forget what to do in the moment.
According to Williams, some things you should remember to do while at the scene of a car accident include the following:
Stay At The Scene And Wait In A Safe Place
“After an accident, you must stay at the scene of the accident,” Williams says. “Otherwise, you could be found guilty of the crime of hit and run, even if you would not have been found at fault for the accident.”
If the vehicles can be safely operated, move them out of the flow of traffic to a safe place. If they cannot be moved, use your hazard lights to alert passing drivers to the hazard.
Call The Police
“If there is a death, injury, or property damage exceeding $1500, you must call the police,” Williams explains, “at least in Virginia. Other states may have different requirements.”
However, even if the damage is less severe, it may be worth calling the police, as they will file a report that includes a cursory investigation of the accident, documentation of the scene, and the personal information of all parties involved (including their insurance).
Do Not Admit Fault
When speaking with the police or the other driver, do not admit fault for the crash.
“Even saying something as simple as ‘sorry’ as an apology could be interpreted as an indirect admission of guilt,” Williams notes. “Instead, wait for an official investigation to determine who is at fault for the crash, or else you could be held liable for the accident.”
Get Medical Care
Check yourself for injuries at the scene of the accident. If there are any visible injuries, take photos immediately to have time-stamped documentation of your injury.
“Remember that your adrenaline is flowing after a car accident, which could be masking any pain,” Williams says. “Wait to say that you have no injuries until you see a doctor and have received official clearance.”
Call The At-Fault Driver’s Insurance Company
“After the police report is filed and you have gotten medical attention, call the at-fault driver’s insurance company to report the accident and make a claim for damages to get the ball rolling on your insurance claim,” Williams explains. “When you contact an attorney to explain your case, they will take over communication with the insurance company.”
Filing A Personal Injury Lawsuit
It’s important to understand the statute of limitations for filing a lawsuit. Each state has a different statute of limitations — a deadline by which a lawsuit must be filed. For example, the statute of limitations in Virginia is two years from the accident date.
However, that does not mean you should wait that long to consult an attorney. “Ideally, an attorney will attempt to settle out of court before filing suit, but waiting until the last minute will not give them enough time to conduct a thorough investigation,” says Williams.
As Williams explains, if you believe you might need to consult a lawyer after your accident, it’s best to contact them as soon as possible. You probably need to call a lawyer if:
- Injuries are severe:You should consult an attorney if your injuries are severe, will require ongoing medical care, or cause permanent disability. “The expenses associated with these injuries may be significant, and an attorney will work with you to get you the compensation you deserve to pay your medical expenses and compensate you for your pain and suffering,” Williams says.
- Liability is disrupted:Attorneys are a helpful resource when the liability of an accident is disputed. Attorneys will help gather evidence, including police reports, witness statements, and photographs, to present a strong case supporting you. “Since many attorneys have years or decades of experience working on cases like yours, they know what needs to be done to have the best case possible,” Williams remarks.
- The insurance company is uncooperative:If you have attempted to contact the at-fault driver’s insurance company to no avail, or if the insurance company is offering an unfair or “lowball” settlement, it may be time to get an attorney involved. “Attorneys can handle communication and ensure your rights are protected,” Williams says. “They also have a greater arsenal of tools at their disposal to force the insurance company to communicate with them.”
In some circumstances — namely, minor accidents — it may be possible to handle your insurance claim yourself. For example, if you are in a minor fender bender with no injuries and liability is clear, you might not even find a lawyer willing to take on your case.
Still, it’s important to note that injuries can reveal themselves over time. Even if you don’t seem injured, seek medical care immediately to ensure that you have documentation in case any potentially related medical issues emerge before the statute of limitations.
Navigating a car accident is difficult, particularly when it results in severe injuries or significant damage. However, an attorney can help you navigate the aftermath of an accident and work towards the best possible outcome.
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