Even small car accidents can feel traumatic, but don’t let anxiety or relief cloud your senses. There are certain steps you should immediately take to ensure you get compensation for an accident that was not your fault.
Check your state guidelines to see if the accident is considered “trivial” or not. Most states now have no-fault laws on the books. This means that only the car(s) were damaged and not the driver(s). If your incident is in this category, you will get insurance payments for medical and lost wages, but not anything else.
Assess all vehicles for mechanical issues. A mechanical issue could be a deflated tire, a bent rim, a loose joint or fitting, or even a cracked windshield. Look at the other person’s car too. Then survey your surroundings and determine if there were problems on the road that led to the crash, such as a pothole, debris, or an animal. If this was the case, you cannot file a claim against the other driver. You will instead be dealing with a defunct product case against their mechanic, or worse yet, against the city. If you do notice possibility of a defunct product or condition that caused the crash, do not rule out the other party’s culpability just yet. Maybe a combination of the product deficiency plus their own negligence is what caused the collision.
Determine the type of culpability. When assessing the culpability of the other party, keep careful notes so you can report it to the police or your attorney. Their culpability will usually fall into any combination of the following categories: Distraction: This is a very broad term that includes texting while driving, talking on their cellphone, changing the stereo, operating the on-board navigation system, or even looking at another passenger. Intoxication: This one should be easy to assess. Don’t just look for signs of drunkenness, examine the other party for signs of stimulant use (sweating, easily distracted, darting vision, and/or red eyes), and use of depressants (drowsiness and/or difficulty communicating). Traffic law violation: Your chances of compensation will be improved if you can demonstrate a traffic law violation. This can include failing to use turn signals, tailgating, failing to heed road signs, and other violations based on local law.
Assess your need for an attorney. Attorneys don’t always have to be involved and if your case seems clear-cut, with no possibility of physical injury, just work through the insurance company. But if there is any chance of bodily harm, go to a doctor. It will be their responsibility to pay. Whatever your medical bills following the incident, they should be added to the claim. If you have any medical expenses beyond the copay, you should hire an attorney. Often one medical expense can correlate to future expenses. Take the case of victim x. Victim x was in a relatively minor car accident but suffered some whiplash. Thinking it was a great deal, she chose to take the other party’s insurance settlement without a lawyer (a total of 5K.) With time, her whiplash injury led to some neck issues at work. And over the span of 10 years, she suffered losses in sleep deprivation, discomfort at work, and massage and chiropractor bills. Though nobody can foresee these kinds of circumstances, a lawyer will at least know what contingencies the law provides for. Since you are only entitled a single settlement, you should always seek the maximum amount in case things get bad later on.
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