Our Car Accident Lawyer Discusses the Essential Steps You Should Take After an Auto Collision to Protect Your Right to Compensation for Your Injuries
Your health should be your first concern if you suffer injuries in a San Diego car accident, but there are other vital steps you need to take to protect your right to compensation from the negligent driver's insurance company. Our experienced San Diego car accident lawyer at The Law Offices of Mark C. Blane, APC can help you navigate the process and fight for the compensation you need. Here, attorney Mark Blane explains what you should do after a car crash to help us build a winning case for you.
1. Stay at the Scene of Your San Diego Car Accident
You should remain at the crash scene until the police arrive. If you leave the scene and someone is injured, you could face criminal hit-and-run charges.
Do not chase after the other motorist if they flee. When you call 911, notify the police that the at-fault driver fled, provide a description of the vehicle, and ask them to track the person down.
2. Take Care of Your Health
If you need immediate medical care, ask that an ambulance be sent to the scene when you call 911. Even if you don't believe you were hurt or think you can tough it out, get examined by a doctor within 72 hours of the collision. The stress of accidents releases hormones that may mask pain or other symptoms for several days. Seek medical attention to ensure you don’t have injuries like internal bleeding, traumatic brain injury, or spinal cord injury.
You can also protect your claim by seeking medical care right away. This can help defend potential claims from the insurance adjuster that your injuries are unrelated to the incident or that they are not very serious.
3. Call the San Diego Police
Another important step you should take at the scene is to call the police. They will investigate your car accident and write a police report that can help you convince the other driver's insurance company of their liability to pay you. The police report may contain the following helpful information:
- Date, place, and time of the wreck
- Details of how the collision occurred
- Statements by you, other motorists, and witnesses
- Diagram of the collision scene
- Officer's conclusions as to who was at fault
- Any traffic citations issued
4. Get Contact Information
While you wait for law enforcement officials to arrive, you should get the other motorist's contact information. You will need this to file your claim with their insurance company. You should also gather contact information from witnesses who remained at the scene.
5. Gather Evidence
You should also gather evidence at the collision scene to help prove your case. Take photos of the damage to your car and other vehicles involved, road and weather conditions, skid marks, and anything else you believe could help our car accident lawyer prove the cause of the wreck. You should also take pictures of your injuries to help show that they occurred in the crash.
6. Don't Admit Fault
Even if you think you did something that contributed to your car accident, do not admit fault to the police or insurance company. Avoid making statements that could be construed as an admission of fault, such as apologizing for the crash.
7. Do Not Agree to Give a Recorded Statement
Don't be surprised if the negligent driver's insurance company contacts you before you are well enough to call them. They may want to take your recorded statement and make it sound like a routine request as part of their investigation into your crash's cause.
Don't say yes to this request. The insurance company's goal is to try to get you to make statements they could use against you to deny your claim or reduce what they have to pay you.
8. Retain an Attorney
After you take care of your immediate medical needs, you should immediately consult with our car accident lawyer at The Law Offices of Mark C. Blane, APC. We can gather the evidence you need to prove the other driver caused the collision and negotiate your settlement with their insurance company. We will file a lawsuit for you if they refuse to make a fair settlement offer or if the statute of limitations to sue under California Code of Civil Procedure Section 335.1 will expire soon. If it is in your best interests, we’ll try your case in court. Our goal is to seek the compensation you need so you can heal from your injuries and return to your normal life.
