The time immediately after a car accident can be frightening and stressful. Your adrenaline is pumping, and you might not be thinking clearly. However, there are some things that you should avoid doing after an accident to protect yourself and your legal rights. Dive into the details below to learn the behaviors you should avoid after a car crash.
1. Failing To Notify The Police
Most states require that you notify the police after any accident that results in injuries. In some situations, you might not be required to notify the authorities if the accident only caused minor damage to the vehicles. Either way, it’s always a good idea to notify the police and allow them to write a police report.
Your insurance company may require a copy of the police report if you need to file a claim after the accident. Similarly, the police report can also be used as evidence to prove liability if you need to file a claim against the other driver’s insurance policy.
When the police respond, go ahead and obtain the officer’s name as well as the report number. This will make it much easier to get an official copy of the report later. Police reports are usually available a day or two after the accident. Failing to notify the police at all after your accident could cause you big problems down the road.
2. Not Obtaining The Other Driver’s Information
After an accident, you should go ahead and exchange information with the other driver. Share basic information such as names, addresses, phone numbers, and insurance information.
If the other driver is combative or refuses to share their information, wait until the police arrive. If necessary, the other driver’s information can be obtained from the police report. Going ahead and getting the other driver’s information, if possible, makes the claims process after the accident a little smoother and easier.
3. Admitting Fault
Never make statements after an accident admitting that the accident was your fault. Any statement you make to the other driver or police officers could potentially be used against you later. Avoid saying things like, “That was my mistake” or “I’m sorry, it was my fault.”
Let the proper authorities investigate the accident to determine the cause and decide who was at fault.
Admitting fault could cause you to be liable for damages resulting from the accident even though it may not have been solely your responsibility. Likewise, admitting that any part of the accident was your fault could prevent you from getting compensation from the other driver’s insurance — even if they actually caused the accident.
Some states allow you to still recover compensation even if you were partially at fault, while others do not. Here are some examples of how these three states handled that situation.
Alabama
In Alabama, you may be completely barred from recovering compensation if you are found to be even the smallest amount at fault. This is known as the contributory negligence rule.
Tennessee
Tennessee follows the modified comparative negligence rule. This means that you may still be able to recover for losses if you are partially at fault, but your recovery will be reduced by your percentage of fault. Tennessee personal injury firms, like Mitch Grissim, can help you understand these rules.
Texas
Texas also follows the modified comparative negligence rule. As long as you are found to be less than 50% at fault, you may still be able to obtain a recovery from the other party.
4. Not Gathering Any Evidence
Photos can provide powerful evidence, and photos of the scene can be very useful for you and your insurance company. Snap some pictures of the vehicles as well as the accident scene itself. Make sure the photos show the damage to the vehicles and the positioning of the vehicles if possible.
Not only will the photos help serve as evidence, but they can also be useful if an investigator needs to recreate the accident scene later. Additionally, signage, roadways, and other things at the scene can change over time. Your photos will help to show the scene exactly as it was at the time of the accident. Failure to gather any evidence in the form of photos or video can be detrimental to any future claims you might need to make.
5. Failing To Notify Your Insurance Company
Even if you believe you were not at fault, go ahead and notify your auto insurance company. Your insurance company will want to stay informed throughout the claims process, and they might also provide some coverage if the other driver does not have enough coverage to compensate you for your losses.
6. Signing Any Paperwork Without An Attorney
Never sign any paperwork or talk to insurance adjusters without first consulting a car accident attorney. An experienced personal injury attorney can help walk you through the process of filing a claim and proving your case. Even if you were partially at fault, you might still be able to get compensation.
Conclusion
If you’ve been involved in an accident, try to remain calm and make sure to avoid the potential mistakes outlined here. Doing so can help ensure that both your personal safety and your legal rights are protected.