What Should You Do?
In this article, we address a common question: “If I’m in a car accident and it’s not my fault, what should I do?” If you find yourself in this situation, knowing the right steps to take can make all the difference.
Get A Police Report
The first thing you should do is obviously get a police report. Getting a police report is important because when there's a police report, the police may come to the scene but if it's not a serious crash. They're going to ask you to go to the police station, and I know it's a hassle, you're busy I know.
You don't want to do it, but I really encourage you to do it and I also encourage you to do it within 24 hours of the crash. Why? Because it documents the other side's name, their address, their insurance information, and it documents how the crash happened. Believe it or not, a lot of insurance companies will just look at the police report. And even if the police report is obviously wrong, it if gives them a defense to the case, they dispute the case.
It's important to do a police report and do it quickly. Some insurance companies, car crash insurance companies won't pay a settlement or settle a case or even open a claim or approve a claim if there's no police report. So, you got to do a police report, that's number one.
Get A Medical Care
Secondly, get medical care if you have any concerns. Now, I will tell you 99 people who get rear-ended or have a surprise car accident. Your body releases adrenaline, you start sweating, maybe your heart beats quick, your body covers up pain and when you pull a muscle or a ligament or pop a disc it can take a little time for the pain to develop.
I’ve represented clients who you know had seen, had an accident at the scene, had pain at the scene of the accident, but didn't want to make a big deal about it. Then they had pain that night, but they didn't want to make a big deal about it, or they had pain over the course of the next three or four days. And they didn't want to make a big deal about it and then some of them even wait longer than that because money's tight, they don't have health insurance or they have crummy health insurance or they hate going to the doctor or their doctor and it gives them appointments two weeks.
Any delay between the time of the crash or the time you feel pain and the time you first see a doctor can hurt your case. That's why I always tell people, definitely see a doctor.
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Talk To Your Insurance Company
The third thing is I do talk to a fair number of people who say, “Yeah, I’ve had minor car crashes before with aches and pains before and I just call the insurance company and we're always able to work it out well.” I will tell you that that is becoming increasingly rare, and so my third bit of advice to do of what to do if you're in a car crash.
Talk To A Lawyer
If the accident wasn’t your fault, it’s important to talk to a lawyer as soon as possible. I know this might sound self-serving since I’m a lawyer and I earn a living by representing people in injury cases. However, most lawyers, including myself, offer free consultations. You can call and speak with as many lawyers as you want—completely free of charge and with no obligation to hire anyone. A good lawyer will listen to your situation, offer their opinion, and then let you decide if you want to move forward.
So, if you talk to a lawyer who doesn't want to answer questions and is just saying, “Well, do you want to hire me? Yes or No?” Well, that's maybe not the attorney for you even if you definitely want to hire a lawyer.
Get to know the lawyer a little bit, get some sense of the lawyer before you just sign up with a secretary or a telephone clerk. Because there's a lot of law firms out there where you call the number and you're not even talking to a lawyer, you're talking to like an operator. In some instances, the operator's not even in the country. They're in another country and they're reading a script and taking down your info and then you're signing up with somebody and you have no idea who the lawyer is or whether they care about their clients or what their reputation is. Whether they do a good job or not any of that stuff.
So, definitely call a lawyer. It’s all upside for you no risk, so what should you never do never give a recorded statement without talking to a lawyer. First, they're going to call you and want to take a recorded statement over the telephone. Don't do it now, it's okay for you to tell them that there was a crash and tell them the basics of the crash. I've actually had a couple of clients who were told they were just signing routine papers, but they actually settled their cases. So, don't do that. Be careful about that, so those are really the tips that those are the basic info and tips that you need to know for the do's and don'ts.
Take the Right Steps After a No-Fault Car Accident—We’re Here to Help
Being in a car accident that wasn’t your fault can be overwhelming, but taking the right steps is crucial to protect your rights. Whether it’s a motorcycle accident, a slip and fall, or a construction accident, you need trusted legal guidance to ensure you get the compensation you deserve.
At The Law Office of Scott D. DeSalvo, we handle the legal details so you can focus on recovery. From dealing with insurance companies to proving fault, we’re here to fight for your best outcome.
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