Car accident victim? We can help. Here’s what to do!

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1.     Introduction

Even a minor car accident is a serious event.  A major auto collision can be physically and emotionally traumatic.  

The after-effects of an auto collision are daunting.  For instance, some injuries (like concussions or soft-tissue injuries) don’t show up right away, with pain and symptoms setting in hours or days later.  Vehicle damage that appears small can later affect brakes, alignment, or airbags, making your vehicle unsafe.  The associated financial impact is substantial: vehicle repairs, medical visits, and missed work/school can add up quickly.  And you may feel pressured by insurance adjusters to settle quickly, before you even fully understand the impact of your auto collision.

At The Law Offices of Peter D. Isakoff, we understand that a car accident is stressful for you, and we’re here to guide you every step of the way.  We know how to navigate the complexities of the insurance claims adjusting process, and we’ll take your claims to Court if needed.  We advocate aggressively for car accident victims to get compensated fairly and wholly for their claims.

2.     What should you do immediately after an auto collision?

A.    Safety and medical care come first!

Immediately after an auto collision, you may initially be in shock.  When it’s safe, you should first check yourself and others in your vehicle for injuries.  It’s generally a good idea to call 911 after an auto collision, especially if anyone is hurt, traffic is blocked, or vehicles are not drivable.  You should move to a safe space away from traffic if possible.

If someone calls 911, then an ambulance and police officer will likely come to the scene of your auto collision.  The police officer’s primary role is to ensure everyone’s safety, prepare an Accident Report, and issue traffic citations to any liable party.  EMTs can evaluate you for injuries to decide if you need transport to a hospital.  Declining an ambulance does not necessarily mean you’re uninjured—but serious symptoms should never be ignored.  Especially if you have severe pain, head/neck injury, dizziness, numbness, confusion, bleeding, or loss of consciousness, then seeking immediate emergency medical treatment is probably a good idea.

Even low-speed crashes trigger a surge of adrenaline, which can initially mask the extent of your injuries. Your body reacts as if you were in danger, which can cause shock, anxiety, and confusion.  Because of all this, it’s very common for symptoms to appear hours or days later, including:

• Neck and back pain (whiplash)

• Headaches or concussions

• Shoulder, knee, or hip pain

• Muscle stiffness and spasms

Even if you don’t immediately take an ambulance to the ER, you should seek subsequent medical treatment if symptoms later set in.  You should further comply with medical professionals’ recommendations for any needed follow-up treatment.  For instance, doctors may recommend physical therapy, or you may need to follow up with a neurologist for a head injury. 

Additionally, many chiropractors provide therapeutic treatment designed especially for car accident victims.  For certain injuries (like whiplash or soft-tissue injuries), chiropractors can:

• Diagnose and treat spinal and joint injuries

• Reduce pain and inflammation

• Improve range of motion

• Document ongoing symptoms and progress

  
  

Chiropractors often work alongside medical doctors, physical therapists, and imaging centers when needed.

B.    Document everything!

When you’re a car accident victim, documenting your claims is the key to getting compensated fairly.  In order to protect your legal rights, you should document every aspect of your claims, from the scene of the collision onward.

At the scene of the auto collision, you should take photos/video of the accident scene and vehicle damage, if you are able.  When documenting the collision scene, pay special attention to things like skid marks, road conditions, and traffic signs.  You should also take photos/videos of any physical injuries, such as bruises, cuts, or swelling.  You should continue to document your injuries as they develop and heal.

The responding police officer will likely prepare a written Accident Report for your auto collision.  In order to prepare the Accident Report, the police officer will talk with everyone involved at the scene of the collision.  When you talk with the police officer, it’s important to give accurate, factual information about what happened, where, and when.  You should avoid guessing or admitting fault.  You should tell the police officer if you’re injured, even if it seems minor.  If the police officer determines a particular driver is at fault, they will likely issue a traffic citation to that driver.

Independent witnesses can be extremely important if there’s a dispute about fault.  If you are aware of any independent witnesses of your auto collision, you should make sure the police officer lists those witnesses on the Accident Report.

As you receive medical treatment, you should save all your medical bills and reports.  You  should also save receipts for any prescriptions.  If your vehicle was damaged, you should save any repair quotes/estimates, as well as any tow or rental car receipts. 

In the weeks to months following a car accident, it may be helpful for you to keep a journal to record things like: (1) pain levels and symptoms; (2) missed work/school activities; (3) medical appointments; and (4) how the car accident has otherwise impacted your daily life.  Car accident claims can sometimes take months or years to process, and a daily journal can help document your present-sense impressions that might otherwise be later forgotten.

3.     Should you hire a personal injury lawyer after an auto collision?

Despite what the insurance companies may say, they often aren’t on your side.  Instead, they often deny claims whenever possible, and otherwise try to pay as little as possible to resolve valid claims.  The insurance claims adjusting process can feel overwhelming, especially for families dealing with medical recovery at the same time. 

A skilled personal injury lawyer can advocate for you with insurance companies to help you maximize your claims and ensure that you are compensated fairly and wholly after your auto collision.  After an auto collision, you should especially consider contacting a personal injury lawyer if:

• You were injured

• Fault is disputed

• Insurance adjusters are pressuring you

• You’re offered a quick settlement

• You have ongoing medical treatment or high bills

  
  

You can usually speak to a personal injury lawyer early and for free before making big decisions.  The Law Offices of Peter D. Isakoff offers free initial consultations for potential personal injury clients.  The Law Offices of Peter D. Isakoff usually handles personal injury cases on a contingency fee basis.

Having an experienced personal injury lawyer on your side takes the pressures of the insurance claims adjusting process off you, allowing you to focus on healing and getting back to normal life. Managing calls, forms, and deadlines is hard—especially when someone is injured or stressed.  A personal injury lawyer can help by:

• Explaining your rights and options in clear terms

• Handling communication with insurance companies

• Investigating the accident and gathering evidence

• Making sure your medical treatment is properly documented

• Calculating the full value of your claim

• Negotiating settlements

• Filing a lawsuit if necessary

• Protecting you from unfair insurance adjuster tactics

  
  

Hiring a skilled personal injury lawyer allows you to maximize what you get paid by the insurance companies.  Insurance companies typically pay significantly less to unrepresented car accident victims.  Insurance adjusters often assume that non-lawyers don’t understand claim values or negotiation tactics.  Experienced personal injury lawyers level the playing field for you, because they know typical settlement ranges, relevant insurance rules and deadlines, and can push back for you against insurance adjusters on low offers. 

An experienced personal injury lawyer recognizes that being “made whole” means being compensated for all your losses, not just your medical bills.  Your claim’s true full value might include things like: (1) Medical expenses (past and future); (2) Pain and suffering; (3) Lost income or earning capacity; (4) Vehicle repair or replacement; (5) Out-of-pocket costs; and (6) Long-term effects or permanent disabilities.  Insurance companies aim to pay as little as possible, and might not tell you about all the insurance coverages available to you.  

A skilled personal injury lawyer helps you identify all available insurance coverage.  Depending on the situation, you may have multiple insurance claims to make, including:

• Bodily injury claim (against the at-fault driver)

• Property damage claim (vehicle repair or total loss)

• Medical payments (MedPay) coverage

• Uninsured/Underinsured motorist (UM/UIM) claims

• Health insurance claims

• Disability or lost wage claims

  
  

Personal injury lawyers also typically manage your medical bills and liens for your auto collision.  Experienced personal injury lawyers will know how to make sure medical liens are valid, coordinate medical bill payments properly, prevent surprise bills later, and  negotiate down your medical bills, maximizing your monetary recovery.  This alone can be worth thousands of dollars.

If it becomes necessary to take your auto collision claims to Court, a skilled personal injury lawyer is essential to your success.  You may need to take your claims to Court if the insurance company denies your claim, drags things out, or “lowballs” you aggressively.  Only a licensed lawyer can file a lawsuit, conduct discovery, or take your case to trial.  Without the leverage of a looming jury trial, insurers often don’t budge in negotiations.

4.     Conclusion - The “Bottom Line”

At The Law Offices of Peter D. Isakoff, we understand that an auto collision is a stressful and traumatic experience.  When you’re a car accident victim, your health and safety are the top priority.  Documenting your insurance claims is the key to their success.  A skilled and experienced personal injury lawyer can help you navigate the complexities of the insurance claims adjusting process to ensure that you maximize your monetary claim recovery for your auto collision.

When you’re deciding which lawyer to hire for your case, you want a trusted and experienced personal injury lawyer who knows how to advocate for you with the insurance companies.  Attorney Peter Isakoff regularly handles car accident cases, with personal client attention and marked success.  If you’re a car accident victim in need of a personal injury lawyer, please contact The Law Offices of Peter Isakoff anytime, day or night, at (336) 863-8348 (Main) or (336) 864-9115 (Español).

DISCLAIMER: The information in this article is provided for informational purposes only. It is not offered as and does not constitute legal advice. The accuracy of the information may change pending changes in applicable law. If you have questions about a specific matter, you should contact a lawyer. The use of this article or any information provided in it does not establish any lawyer/client relationship.