Steps to Take After a Car Accident in Virginia
1. Get to a safe location and call 911. Of course, people tend to check on the well-being of passengers or others involved in the crash in case emergency attention is needed. As soon as safely possible, call 911 and wait for the responders to arrive. The responding officer will be with the Virginia State Police or local Sheriff’s Office (or City Police). That officer will investigate to determine any responsibility for violations of traffic rules and prepare a Crash Report. Once you hire an attorney, your attorney will investigate on your behalf in support of your full compensation.
As far a liability goes, admissions of fault at the scene carry a lot of weight later in an insurance claims process and/or in litigation. Statements such as “I’m sorry” or “I don’t know how that happened” may be taken as admissions of more complex legal conclusions of who is responsible for the collision and thus liable for the other person’s property damage and personal injuries. Sticking to factual statements rather than drawing conclusions is best.
2. Collect evidence at the scene if safely possible. While the responding law enforcement officer may talk to witnesses at the scene, the scope of their duties may not necessarily include keeping a record of each witness’ name and contact information. Record this information. Take photographs of the scene and vehicles.
3. Seek medical attention as soon as possible. Documenting your injuries as soon as you can helps preserve and strengthen your claims later. The longer you wait to get medical attention, the easier it is for the opposing insurance company to claim your injuries are not caused by the collision. Many people do not realize the extent of their injuries at the scene of the collision. This may be due to excessive adrenaline and excitement at the time. Pain and other symptoms may manifest later. Statements at the scene such as “I’m fine” or “I do not need medical attention” or even declining medical attention can be used as evidence against you later. Follow through with recommended appointments and treatments.
4. Disclose the accident to your insurance company. Most auto insurance policies require you to advise your own insurance company of the collision promptly. Failure to comply and cooperate with your own company can jeopardize coverage. Provide a summary of medical treatment and injuries, leaving details of the extent of injuries and treatment for your attorney to address later. Once you do this, you can refer the company to your attorney for future communication.
You do not have to talk to the other driver’s insurance company. In most cases you should not talk to the other driver’s insurance company. If that company contacts you, simply refer them to your attorney and decline further contact.
5. Keep contemporaneous written records of medical symptoms and treatments. The claims process and certainly litigation can take time. Remembering details months later is not always easy. Gaps in records are used by insurance companies to argue
you no longer have the symptoms or that some other intervening force has caused the more recent symptoms.
6. Document lost wages or other lost earning capacity as it happens. As with physical symptoms, memories and proof of details tend to fade over time if not preserved along the way. Often, people who work part-time or as independent contractors have difficulty locating appropriate records as more time goes by. Keeping the records clear preserves these claims, which in turn bolsters the claims of consequences of your injuries.
The insurance claims process is complex. Simply turning in your medical records and bills to the insurance company is only the start of the process. It is well documented that people who consult lawyers tend to collect more in monetary damages than those who “DIY”. An experienced attorney knows how to address the numerous questions that arise throughout this process and can help you with coverage issues, payment of medical bills along the way through “med-pay” if available. The attorney can address issues the insurance company raises throughout the process, which helps maximize recovery.
If the insurance company does not offer sufficient settlement, the attorney can file the matter in the appropriate court and pursue recovery through litigation. Insurance companies know that a claimant may have difficulty accomplishing this on their own. An experienced attorney can help get you the most compensation for your case through the insurance claim process or litigation.
Helping injured people is a positive aspect of practicing law and we enjoy getting to know people through the process. Helping people with these important issues is very meaningful. The most serious cases involve total loss and are referred to as “wrongful death” cases (or, in workers’ compensation claims, “death benefits” claims). In these cases, even as in the more common injury claims, the recovery of monetary damages is very meaningful to the families. Following these steps helps the attorney help you the most.
Craig P. Tiller, Esq.