What to Do After a Minor Car Accident
If you’ve been in a minor car accident or auto accident, then you could be entitled to compensation under the law. But if you’re new to litigation, then you may be a bit overwhelmed by the prospect of the dispute process — for example, it’s easy to get confused about what to do after a minor car accident. Well, an attorney can help you figure that out.
Contact 1-800-THE-LAW2 for a free consultation with a qualified local car accident lawyer in our network. During this free initial case evaluation, you’ll have the opportunity to discuss your case and learn more about next steps when it comes to minor car accidents and related disputes.
Of course, before you talk to an attorney, you might want to know about what to do after a minor car accident, or other related issues concerning a potential lawsuit. Keep reading and we’ll cover some of the basics!
Five steps to take: what to do after a minor car accident
You may be wondering what to do after a minor car accident. In truth, there are several universal considerations to keep in mind after any car accident — minor or major. Consider the following:
- Seek emergency medical assistance, if necessary. Do not delay in securing emergency medical care if your condition is such that you require it. Delays could worsen your condition, which gives the defendant an opening to argue that your injuries were mostly caused by your delay, and not by their negligent, reckless, or intentional actions.
- If you are able to stay at the accident scene, take photos and video. Photos and videos of the accident (and your injuries) can provide useful evidence in support of your factual narrative, countering the defendant’s own narrative.
- Exchange contact information with relevant eyewitnesses. Eyewitness (and expert) testimony is invaluable during a lawsuit. Supportive eyewitness testimony can spell the difference between a win and a loss, in some cases. Make sure to obtain their contact information so that your attorney can speak to them and secure their testimony.
- Don’t disclose information to insurers without proper legal counsel. The general public often believes that the best thing to do after an accident is to call the insurance company, but this is a huge mistake. Insurance adjusters want to record you making a sensitive disclosure that could undermine your claims — by doing so, they’ll be able to reject your claims or underpay you. Be careful about speaking to them, and in fact, try to avoid doing so until you’ve spoken to an attorney first to ensure your insurance claims are not jeopardized. The insurance agent, insurance adjuster, and other employees of the insurance company (the other driver’s insurance company and your own insurance company) are NOT your allies. Do not make the mistake of revealing too much to them.
- Consult a qualified car accident attorney. Your attorney will be more than a courtroom advocate. They can gather evidence, investigate the accident, secure the assistance of experts, present your legal arguments, communicate on your behalf with the defendant and other parties, negotiate a settlement, and push your case ahead to trial, if necessary. Do not make the mistake of delaying professional help. Find an attorney who can take on your case and move forward.
Stay Calm and Assess the Situation
After a minor car accident, it’s essential to stay calm and assess the situation. Take a few deep breaths, and try to relax. Check yourself and your passengers for any injuries. If anyone is hurt, call 911 or seek medical attention immediately. Next, assess the damage to your vehicle and the other vehicle involved. Take note of any visible damage, such as dents, scratches, or broken glass. This will help you when filing an insurance claim. Staying composed will allow you to handle the situation more effectively and ensure that you take the necessary steps to protect your interests.
Gather Information and Evidence
Gathering information and evidence is crucial after a minor car accident. Start by exchanging insurance information with the other driver. Make sure to get their full name, phone number, and insurance policy information. Take photos of the accident scene, including the damage to both vehicles, license plates, and any visible injuries. Also, take note of any witnesses and their contact information. This information will be helpful when filing an insurance claim and determining fault. The more detailed and accurate your records, the smoother the claims process will be.
Don’t make assumptions: your injuries could be significant
Though your car accident may seem “minor,” the truth is that many bodily injuries are not obvious in the initial post-accident period, which is common in many auto accidents. Serious injuries can “hide” for months, or even years — appearing as asymptomatic for some time. In other cases, a minor injury can develop into a more serious one that causes debilitating issues and lifestyle changes.
If you make assumptions about the “seriousness” of your car accident — and the injuries resulting from the accident — then you could undermine your own legal claims. Instead, keep an open mind and talk to an attorney. They’ll help connect you to medical experts who can not only evaluate your injuries but will keep you apprised of your condition over time. It may be the case that your injuries are a lot more serious than you initially realized, thus giving you an opportunity to sue for substantial damages in a lawsuit.
Notify the Authorities and Your Insurance Company
Notifying the authorities is a crucial step after a minor car accident. Call the police department’s non-emergency line to report the accident. Provide the dispatcher with as much information as possible, including the location and details of the accident — but don’t talk extensively about your role in the accident in detail, or any of the factual details, as these could harm your claims. Prompt reporting can help ensure that your accident report is accurate and processed efficiently.
What sort of a payout can you expect after an insurance claim for a minor car accident?
In a car accident dispute, or any other personal injury lawsuit, you are entitled to compensation for any losses that are caused by the defendant’s negligent, reckless, or intentional misconduct, including the need to pay repair costs. Claimable losses are varied, and may include:
- Lost wages
- Loss of earning capacity
- Loss of property (including vehicle damage due to a minor car crash)
- Healthcare expenses (i.e., medical bills for whatever medical treatment you received to deal with your injuries, supported by your various medical records)
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
It’s worth noting that every case is different, and the circumstances are particular to the accident (and each individual involved).
For example, if you are unemployed at the time of your car accident, then your wage loss claim is going to be zero. By contrast, if you’re gainfully employed at the time of the accident, and you’re forced to take time off from work due to the injuries you suffered, then your wage loss claim could be substantial! Talk to your attorney about calculating your damages so that you can better understand what sort of compensation you can expect to receive through a lawsuit.
Understand the Insurance Claim Process
Understanding the insurance claim process is essential after a minor car accident. Your insurance company will assign an adjuster to your case, who will investigate the accident and determine fault. The adjuster will also assess the damage to your vehicle and determine the cost of repairs. If the other driver is at fault, their insurance company will be responsible for paying for the damages. Keep in mind that the insurance claim process can take time, so be patient and stay informed. But above all, do not go through the claims process without the help of an attorney — insurers are NOT your allies, and they will do anything and everything (within the legal limits) to avoid having to pay out your claims in full.
How much time do I have to file a lawsuit for a minor car accident?
All legal claims are associated with a “statute of limitations” period, which acts as a deadline for the claim. Failure to file a lawsuit before the deadline passes can lead to the courts’ automatic dismissal of the claim on the basis that the claim has been abandoned or relinquished. This can prevent any sort of legal recovery, minimizing the likelihood of compensation.
Note: statute of limitations deadlines vary from state-to-state, and from claim-to-claim. In California, for example, the standard car accident injury claim deadline is two years from the date of injury. Talk to your attorney about the relevant deadlines to learn more about what will affect your case.
Given the strict consequences of a delay, it’s critical that you pursue your legal claims in a timely manner. We encourage you to work with an experienced car accident attorney for guidance and assistance, as it is their legal duty to manage your claims (and related procedures) in a timely manner — so you can rest easy knowing that they have everything handled.
How much does a car accident attorney cost?
Most plaintiffs’ car accident lawyers work on a contingency fee basis. What that means is that (typically) they don’t take any payment upfront or out-of-pocket — instead, they provide legal representation and receive a percentage cut of the compensation they secure on your behalf. This can range from 25 to 40 (or more) percent.
When you enter into a contingency fee arrangement with a car accident lawyer, you don’t have to pay them unless (and until) you receive a payout. If you don’t “win” compensation, then you can walk away from the dispute without attorney fees or costs. This substantially reduces the burden and risk of pursuing your legal claims — there’s almost no downside to exploring your lawsuit with a qualified attorney by your side.
There are other advantages to contingency fee arrangements, too. Most prominently, the dynamic (of percentage-based payouts) leads to a real alignment of the attorney’s goals and the client’s goals. Because your attorney benefits directly from you getting paid more, they are incentivized to work more effectively and more efficiently to secure the maximum possible compensation on your behalf.
Take Care of Yourself and Your Vehicle
Taking care of yourself and your vehicle is crucial after a minor car accident. If you or your passengers are injured, seek medical attention immediately. Just be careful: do not get your vehicle repaired unless you have taken extensive photos and videos of the damage so that you can use that as proof of what actually happened.
Keep in mind that your insurance company may require you to use a specific repair shop or provide estimates from multiple shops. Take care of your mental health as well, as a minor car accident can be stressful and overwhelming. Seek help if you need it, and try to stay calm and focused throughout the process. Ensuring both your physical and mental well-being will help you navigate the aftermath of the accident more effectively.
Contact 1-800-THE-LAW2 for a Free Consultation
If you’ve been injured in a minor car accident, then you could be entitled to compensation under the law. Navigating the dispute process can be confusing, however, especially for first-time plaintiffs who aren’t sure about whether their claims are actionable, and how best to approach the dispute from a strategic perspective. We can help connect you to an experienced car accident attorney who can guide you along the dispute process.
Contact 1-800-THE-LAW2 for a free consultation with a qualified local car accident attorney in our network. During this initial consultation, you’ll be able to discuss your dispute in detail and receive professional legal advice on your strategic options. So pick up the phone and call us today to get started!
We look forward to assisting you.
