If I Had A Car Accident And It Wasn’t My Fault, What Should I Do?

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More importantly, what you shouldn't do? 

In this article, if I'm in a car accident and it's not my fault what should I do so if you're in an accident car accident and it's not your fault what should you do?

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 concern. 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 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

And it's not your fault, talk to a lawyer now. Listen, know that's self-serving, I’m a lawyer and I make money by people re-hiring me to represent them in injury cases. But I'm going to tell you lawyers give a free consultation. Over the telephone, you can talk to as many lawyers as you want for a free consultation. You have no obligation to actually hire them. So, a good lawyer will listen to you tell you what they think and then ask you 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 case. 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.

But if you or a loved one's been in a car crash, the best thing to do is give me a call. I promise it will be a short stress-free call, we can talk about what happened. You may reach me at 312 500 4500 24/7 free consultation.

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About the author - Scott D. DeSalvo

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