I have been in a motor vehicle accident, what should I do?

Nancy Salley • February 9, 2017

When you are involved in a motor vehicle accident, it's hard to understand what to do next. Get the details from Salley Law Firm, P.A. if this should ever happen to you or a loved one in Lexington, SC or surrounding areas.

Motor vehicle accidents happen every day, but most people have no idea what they should do if they are involved in one. One of the first things to do is to assess the situation. Does someone need emergency medical care? Are there immediate safety concerns such as a fire or leaking gas? Can the vehicles be safely removed from the roadway? If a vehicle can be moved and it is not a serious accident, it is important to document the positions of the vehicles before they are moved. By documenting the positions of the vehicles, you have evidence of what the accident scene looked like if any issues arise. If it is a serious collision and there are serious injuries, it is best to wait for the authorities to arrive. Call the authorities. Let them know if someone is injured or appears to be injured. Sometimes people think the accident only resulted in minor damage to their car or that they can work out the damages with the other driver and not get the police involved. It is always best to have the police do a report and document the accident. The damage to a vehicle may be more extensive and expensive than you believe. While an at-fault driver may be willing to take care of your damages, what happens when they don’t? How are you going to prove there was an accident or how it happened? It is better to be safe than sorry when it comes to documenting the accident.

While at the scene there are things that you should do. Obtain the at-fault driver’s insurance and contact information. This will help you to contact his insurance carrier. You cannot rely on the insurance carrier to always call you. Many times, at-fault driver’s never report the claim to their carrier. Also, sometimes at-fault drivers provide false, expired or inaccurate insurance information. Having contact information will be helpful in tracking them down or possibly tracking down their actual insurance coverage. Take pictures of the vehicles and the scene. These pictures will help if a dispute arises about what happened or there are questions regarding how you could have been injured. Get names and contact information of witnesses, if possible. Many people don’t want to get involved but get the name and contact information for any witness that you can at the scene. These people can be invaluable in proving how the accident happened or helping to prove admissions that the at-fault driver made at the scene. These witnesses can also help by describing their observations of your injuries at the scene.

What if you are injured? Get treatment as soon as possible. Even if you think the injuries will go away, it is best to get checked out. Most importantly it is an opportunity to make sure that you really are okay. Getting seen by a medical provider as soon as possible will help document what injuries you had from the accident. If you delay, there will be questions as to whether your injuries were from the accident or were possibly caused some other way afterward. Also, if you don’t get seen or treated for your injuries, the insurance carriers will assume that your injuries really were not that bad. When getting treatment, report all injuries or pain that you are feeling even if it seems minor. Many times people focus on the worst of their injuries when getting treatment. However, once those injuries improve, other injuries can become more prevalent. If there is no record of an injury early on, the injury will be highly questioned by an insurance carrier. Also, the lack of documentation will make it more difficult for a doctor to properly relate it to the accident. Follow through on your treatment and your doctor’s recommendations. If you are hurting and want to improve you need to do the necessary treatment. Complaining about how bad your injuries and pain are but not doing anything to improve them only shows that they really are not that bad.

What about paying for medical bills? Submit your medical bills to your health insurance. It ensures that your bills are taken care of in case there is a dispute about liability or if there is insufficient automobile coverage to fully compensate you for your injuries. Do not allow your health care providers to tell you that your health insurance coverage does not apply or will not pay. By failing to use your health insurance they are putting you at risk of having unnecessary bills and this may be a breach of the contract they have with your health insurance carrier.

What if I have to miss work? If you are going to miss time from work, make sure you have a doctor’s excuse. Insurance carriers put no stock into time missed from work unless it is backed by medical documentation. Also, many employers require that you have a doctor’s excuse if you are going to be out of work. Also, make sure to track the time you have missed from work as accurately as possible. This will help you to give a full account of lost wages so that you can be fairly compensated.

Finally, it can be difficult dealing with insurance carriers to make sure they properly compensate you for your injuries and damages. Contacting an attorney never hurts. You can find out your rights and determine whether you really need an attorney’s services. Having an attorney can help relieve some of the stress and pressure your are under. We are used to dealing with insurance companies and know what needs to be proved to get fair and proper compensation. We can provide guidance when dealing with issues that arise from being injured. We can help to ensure that your damages and injuries are properly documented and addressed. Contacting an attorney as soon as practical is one of the best ways to protect your rights.

If you would like to speak to one of our attorneys in Lexington, SC at Salley Law Firm, P.A., please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

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