When someone is involved in a car crash, there is often a lot of initial panic and shock that they might experience, which is normal. The stress of an automobile accident can be very overwhelming, especially when you have to deal with Insurance companies, hospitals, doctors, car repair shops and car rental agencies. Below are some tips to ensure you take the right steps to better protect your legal rights and receive the fair compensation you deserve after being involved in an automobile accident.
TIP #1: After the accident occurs, immediately stop your vehicle, call the police, and remain at the scene of the accident until the police arrive. North Carolina law requires the drivers involved in most automobile accidents to immediately stop his or her vehicle at the scene of the crash. The driver must remain with the vehicle at the scene of the crash until a law-enforcement officer completes the investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury. A willful violation of the duty to stop in the event of a car crash can be punished as a Class F felony.
Even if you do not believe you are seriously injured or feel that the damage to your car is minimal, it is still a good idea to call the police, so they can provide an accident report to document the incident. Do not let the other driver involved in the accident try to talk you out of calling the police, and do not leave the scene of the accident until the police arrive and say you can leave the scene of the accident.
TIP #2: Before you leave the scene of the accident, make sure you get the other driver’s name, address, phone number, car make/model and automobile insurance information.
Generally, once the police arrive at the scene of the accident, they will conduct an investigation of the accident. After finishing their investigation, the police officer will often provide you with an Exchange of Information Form. This form typically contains the following information: Name of the driver(s) involved, address, phone number, driver’s license number, license plate number, vehicle model, year, the auto insurance company, and policy number. A failure to provide some of this information is considered a Class One Misdemeanor. This information will be very helpful for you to get in contact with the other driver(s) involved in the accident and their auto insurance companies to start the claims process.
TIP #3: Make sure you take photos of any physical injuries you may have from the accident, as well as any damage to your vehicle and anything in the road that could be used as evidence.
This information is important to use because it can help prove the extent and seriousness of your injuries. These photos can also be used as evidence to show the insurance company or at trial. Any information you can show to prove your injuries and the damage to your vehicle was significant helps you have a stronger claim and further protects your legal interests moving forward.
TIP #4: Shortly after the car crash, it’s likely you did not get a chance to obtain legal advice yet. Therefore, you should not immediately respond to the other driver’s insurance company because your honest responses could be misinterpreted to indicate that you might have contributed to the accident.
Try not to give any statement in a manner that could indicate you had a potential fault in the accident. This can easily happen, especially when you are not thinking very clearly and are still trying to process what happened. Before speaking to anyone or to the police officer, try to take a few deep breaths and gather your thoughts. This way, any statements you give to the police will hopefully not be interpreted differently than you might have thought or meant.
Always be cautious in giving any statements because your statements might indicate some liability on your part and it could also be used against you as evidence that you were also negligent in operating your vehicle and contributed to the accident. If you contributed to the accident in any way, it could prevent any recovery from the other at-fault driver.
TIP #5: Lastly, make sure you take a moment to breathe, gather your thoughts and try to remain calm.
Car accidents can be very shocking and cause a lot of different emotions to run through you. However, it is important that following an accident, you try to stay as calm and collected as you can. Take a moment to breathe and make sure that you and any passengers you might have in the car are not seriously injured. Generally, an ambulance will come to the scene of a car accident if someone requests an ambulance. It is a good idea to be examined by the paramedics even if you do not think you sustained any major injuries.
If you have been in an automobile accident and want to discuss your legal options in seeking damages from the opposing party, we encourage you to seek professional legal advice to discuss your available courses of action to protect your legal interests moving forward. Feel free to contact the attorneys at the Tran Law Firm now for a FREE personal injury consultation and let us help you get the settlement you deserve! You don’t pay us unless you get paid.
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