First Steps After a Car Accident

DO:

Stay calm and call the police.

Get the make, model, and plate/tag number of the other vehicle(s).

Get the name, address, phone number of the other driver (and also the vehicle owner if the driver does not own the vehicle).

Get the name, address, and phone number of any witness(es) to the accident.

Get the name and badge number of the police officer who investigates the accident.

Report the accident to your auto insurance carrier immediately (no more than two or three days after the accident).

If you think your injuries were caused in part by a defect in your vehicle, do not repair or salvage the car prior to speaking with an attorney.

Take extensive photos and/or video: of your car before repairs; of the accident scene; and of your injuries.

Keep a journal of important dates, times, and events like doctor visits, phone calls with insurance adjusters and auto repair appointments.

DO NOT:

Do not move your vehicle until the police tell you to.

Avoid comments at the accident scene or to insurance adjusters like "I'm okay" or "I'm not hurt." A few days may pass before the full extent of your injuries are known or even felt, particularly with neck and back injuries, and your attempt to be helpful may be taken out of context. Indeed, a common tactic for insurance company adjusters is to try to contact you shortly after the accident to record a statement before you fully appreciate the extent of your injuries. Perhaps a better response would be something along the lines of "I feel okay right now, but I'll let my doctor check me out (or I'll let them check me at the hospital) to make certain." Unfortunately, when it later comes time to deal with the insurance company handling your claim, your attempt merely to be helpful and truthful may be taken out of context and used against you. Let your medical records ultimately do the talking for you.Do not say things like, "I should have seen him," or, "I'm sorry." Your attempt to be sympathetic or helpful may be taken out of context and used against you.

Do not assume that your own insurance company has your best interests at heart. Even though you pay a good-sized premium for insurance coverage, the insurance adjuster's job is to minimize the amount the company will have to pay on your claim. A healthy dose of caution when dealing with insurance companies is a good idea. Hiring a lawyer who can deal with the company on your behalf may be an even better idea.

Do not give a recorded statement to any insurance company employee until you have talked to a lawyer. The adjuster will probably contact you shortly after the accident and try to record a statement. However, this often occurs before you fully realize the extent of your injuries.