What to Do After a Car Accident

As an attorney who has handled numerous car accident cases, I know how overwhelming the moments after a crash can be. Whether it’s a minor fender bender or a serious collision, knowing what steps to take can protect your rights and strengthen your case if legal action becomes necessary. Here’s what you need to do:

 

1. Prioritize Safety

First and foremost, check yourself and others for injuries. If anyone is seriously hurt, call 911 immediately. If it’s safe, move your vehicle to the side of the road to prevent further accidents.

 

2. Call the Police

Even in minor accidents, having an official police report can be invaluable. The responding officer will document the scene and provide an impartial record of what happened. There are two types of collision reports in Washington: police prepared and self-reported. Collision reports prepared by law enforcement are admissible in court as evidence. (Guillen v. Pierce County, 144 Wn. 22 696, 31 P.3d 628 (2001).) Collision reports submitted by those involved in the accident, as required by statute, are barred from being admitted as evidence by RCW 46.52.080.

 

3. Gather Evidence

If you’re physically able, take photos and videos of the accident scene, including vehicle damage, license plates, road conditions, and any visible injuries. Collect the contact and insurance information of all involved drivers and get statements from witnesses if possible. Humans are visual people, and having photos of the accident scene can be impactful for jury members and claims adjusters.

 

4. Seek Medical Attention

Even if you feel fine, some injuries—like whiplash or internal trauma—may not present symptoms right away. A medical evaluation creates a record of your condition, which can be crucial if you later need to file a claim. Additionally, significant delays in treatment after the accident can adversely affect your claim.

 

5. Notify Your Insurance Company

Promptly report the accident to your insurance provider. Be honest, but avoid admitting fault, as liability may not be immediately clear.

 

6. Use Your Insurance

It can be tempting to have the at-fault party’s insurance handle the property damage. This avoids paying deductibles. However, your insurance company has a legal duty to ensure that they treat you fairly; the insurance company for the person who hit you does not. If your insurance company does not handle the claim in a fair and reasonably timely manner, you can file a bad faith claim against them pursuant to RCW 48.30.015. For this reason, it is typically ideal for your insurance to handle the property damage who will also recover the deductible for you.

 

7. Avoid Speaking with the Other Driver’s Insurance Adjuster

Insurance adjusters may try to get you to make statements that could be used against you. It’s best to consult with an attorney before discussing the accident in detail.

 

8. Keep Detailed Records

Document everything related to the accident, including medical visits, repair estimates, and communications with insurance companies. This information will be helpful if you decide to pursue compensation. Contemporaneous notes or diaries are often admitted as evidence at trial and can be a lifesaver when issues arise with insurance companies.

 

9. Contact an Attorney

A personal injury attorney can help protect your rights, negotiate with insurance companies, and determine if you have grounds for a lawsuit. Most attorneys offer free consultations, so it’s worth seeking professional guidance.

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Car accidents can be stressful, but taking the right steps can make a significant difference in protecting your legal rights. If you or a loved one has been involved in an accident, don’t hesitate to reach out to us for a free consultation. Stay safe, stay informed, and remember that help is available when you need it.