What to Do After a Car Accident

Posted on 10/18/22

in Car Accidents

Those early moments in the aftermath of a car accident are traumatic and confusing. You may be dealing with painful physical injuries at the same time that people are questioning you. It’s difficult to know what to do while you wait for help. The Oklahoma City accident attorneys at Dan Davis Law have years of experience dealing with accident victims who wish they’d known how to protect themselves at the scene of the accident and the following days to help secure their accident claim.

Knowing the right steps to take can help you deal with an accident with a clear head. Let our experienced attorneys help you learn how to protect yourself after a car accident.

Report the Accident

Immediately after an accident you should call 911 and report what happened if you are physically well enough to do so. Move away from your vehicle and onto the shoulder of the road. If you’re able to walk without increasing your injuries, render any necessary aid or comfort to other victims within your ability as you wait for first responders.

Collect Information

If you’re feeling well enough, use your phone to take photos of the other vehicle(s) involved as well as photos of the scene of the accident. Be sure to include any other objects involved, such as traffic lights, stop signs, or unavoidable obstacles. Collect the following information:

  • Names and contact information of any other drivers involved
  • Insurance information of other involved drivers
  • Contact information of any eyewitnesses to the accident
  • Collect the information of officers who arrive on the scene such as the name of their department
  • Ask for a copy of the police report

If you are too injured to collect information yourself, you can ask any helpful witness to gather the information for you using your phone. You may even record witness statements using your phone’s video camera.

Be sure to talk to the police about what you recall of the circumstances leading up to the accident, but do not admit fault.

Record What You Remember About the Accident

The trauma of a car accident can cause you to forget the details of the accident later after the adrenaline surge begins to ease. Unfortunately, this common impact of serious injuries and emotional trauma can leave you vulnerable in a car accident claim. Insurance companies can reduce the amount they have to pay on your claim by assigning you a percentage of fault for the accident. After an accident, while waiting for help to arrive, you can use your cell phone to video or voice record what you remember about the moments leading up to the accident, how the accident happened, and what you recall about the immediate aftermath. It’s helpful to refer to the recording later when your car accident attorney investigates the accident to prove the at-fault driver’s liability.

Seek Medical Care as Soon as Possible

Let the paramedics evaluate your medical condition and ask for emergency transport to a hospital if you’re experiencing pain or any other symptoms. If you aren’t transported to an emergency room, seek medical treatment within 24 hours of your accident.

Have your doctor do a thorough evaluation and then remember the following:

  • Ask your doctor to keep detailed notes about your condition and any necessary treatment
  • Follow up on all recommended treatments, procedures, and follow-ups. Fill every prescription and keep receipts
  • Keep all medical bills and ask for itemized lists of expenses. Ask for information about upcoming medical expenses related to your accident such as surgeries and rehabilitation
  • If you’re experiencing symptoms of trauma or PTSD, seek help from a qualified therapist

By carefully documenting your medical treatment you’ll increase your chances of getting the maximum amount of compensation for your injury.

Call Your Insurance Company and Your Lawyer

Most insurance providers require you to report your accident, even if you weren’t at fault. Your claims adjuster will read the police report to decide on fault and contact the insurance provider of the at-fault driver.

Call the Oklahoma City injury attorneys at Dan Davis Law so we can evaluate your case and file your claim for full compensation.

Document Your Damages

Besides your injuries, you’re likely to have sustained damage to your vehicle. Carefully document any estimates, repair costs, or vehicle replacement costs.

In the weeks following your accident, keep a detailed journal of your pain, medical treatment, and any therapies or rehabilitation required for your recovery.

What Not to Do After a Car Accident

After the accident, it can be just as important to know what not to do as it is to know what you should do to maximize your chances of recovering full compensation for your damages, like medical expenses, lost wages, and pain and suffering. Unfortunately, car accident victims sometimes make mistakes during a vulnerable time, while suffering from serious injuries. Common errors made by car accident injury victims include the following:

  • Making inadvertent admissions of fault at the accident scene, including statements that can be construed as admitting fault such as “I’m sorry,” or “I never saw him coming.”
  • Failing to go directly to a hospital or urgent care center: this may give an insurance company cause to dispute your claim by asserting that your injury could have occurred elsewhere
  • Failing to follow your doctor’s orders: missing appointments, failing to fill prescriptions, or engaging in activities your doctor recommends you avoid can compromise your claim
  • Accepting an early settlement offer: insurance companies often reach out to injury victims very soon after an accident, while they are vulnerable and don’t yet know the full extent of their injuries. This is almost always a lowball settlement offer for significantly less than the full value of the claim
  • Posting on social media: it’s normal to want to share updates with family and friends on social media, but posting things such as: “I was in a car accident, but thankfully I’m okay!” can be used against you as an admission that you didn’t suffer injuries in the accident. Similarly, posting photos of yourself smiling on a beach could indicate that you aren’t as injured as you claim, even if you were smiling through your pain

Insurance companies are not on your side and often use known methods to protect their profits at your expense after a car accident.

Avoid Falling Into Common Insurance Company Traps After a Car Accident

Insurance companies are private businesses that exist to make profits. The insurance company assigns an adjuster to the car accident case in order to investigate the accident with protecting their profits as their primary purpose. An insurance adjuster may use common tactics such as the following:

  • Offering a fast settlement before you know the full scope of your damages
  • Assigning you an unfair percentage of fault for the accident so they can reduce the compensation they pay you by your percentage of fault under Oklahoma’s modified comparative negligence insurance law
  • Calling on a recorded line and then using your words out of context against you later
  • Following you on social media to “catch” you looking fit and well
  • Asking for medical authorization to examine your injury record and then combing through your medical history to find previous injuries or medical conditions they can blame for your symptoms
  • Asserting that your injuries cannot be as bad as you claim based on minimal damage to your vehicle
  • Stating that your doctor’s recommended treatment isn’t necessary for your injury
  • Delaying progress on your claim in the hopes that you’ll finally accept a lowball settlement offer

It’s always best to hire an experienced car accident attorney soon after an accident and then direct all communication with the insurance company to your lawyer. Under Oklahoma §23-13 2023, a car accident victim cannot recover compensation if they are more than 51% at fault for the accident. By finding you partly at fault for the accident, they may reduce the amount of your payout by your percentage of fault. For example, if the insurance company finds you 25% responsible for the accident, they only have to pay $75,000 for a $100,000 claim.

What Do I Do If the At-Fault Driver Leaves the Scene of the Accident?

Oklahoma law requires anyone involved in a car accident to remain at the scene until cleared by the police in any accident with injuries, fatalities, or property damage that amounts to more than $300. Unfortunately, some drivers flee the scene of a car accident. This may be because they lack insurance, don’t have a valid driver’s license, have an outstanding arrest warrant, are intoxicated, or are in possession of illegal substances or firearms.

If a driver leaves the scene of the car accident, it’s essential to try to snap a photo of the car, the driver, and—importantly—their license tag. Then, call 911 to report the accident. Describe the vehicle and the direction in which the driver was heading when they fled the scene.

Always report a hit-and-run accident to your insurance company as soon as possible. If you added uninsured/underinsured motorist coverage to your insurance policy, you can recover compensation through your insurance even if the at-fault driver isn’t apprehended or lacks insurance.

What Can I Recover In a Car Accident Claim?

By taking careful action after a car accident, you maximize your chances of a successful claim. Preserving evidence at the scene, going directly to a hospital, following your doctor’s orders, and avoiding common pitfalls help to make the most compelling claim possible. A successful car accident claim recovers compensation for damages such as the following:

  • Property damage expenses for repairing or replacing your car
  • Medical expenses
  • Future medical care costs related to the injury
  • Lost wages
  • Future income loss
  • Diminished future earning capacity
  • Pain and suffering
  • Additional damages that sometimes apply such as compensation for loss of limb, disfigurement, the loss of one of the senses, diminished quality of life, or loss of consortium.

If a loved one died in a car accident in Oklahoma, a wrongful death claim could recover compensation for close family members including the lost income that would have remained to the deceased loved one had they not died from their car accident injuries. Make sure to speak with an Oklahoma City wrongful death attorney for legal guidance.

Call Dan Davis Law Today

If you’ve had a car accident, contact Dan Davis Law today for the skilled representation you need to ensure you gain the maximum compensation and damages from your claim. With over 30 years of experience and over 400 million in recovered damages, we will use our years of experience and resources to advocate aggressively for your case.