You have the right to full compensation, but only if you demand it. Don’t let someone else decide what your recovery is worth.
A car accident can turn your life upside down in an instant. Whether it’s a minor fender-bender or a catastrophic collision, your next steps can determine whether you recover physically and financially or get shortchanged by insurance companies. Insurers and at-fault drivers often try to reduce payouts, making taking control of the situation crucial. Here’s how to protect yourself and maximize your claim.
1. Ensure Safety and Get Medical Help
Your health comes first. Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. Emergency responders can provide necessary medical attention and transport seriously injured individuals to the hospital. Even if you think you’re fine, seek medical attention as soon as possible. Adrenaline can mask injuries, and issues like whiplash, internal bleeding, or concussions may not be immediately obvious.
Some injuries, like traumatic brain injuries, can worsen over time if left untreated. A doctor’s evaluation not only ensures your well-being but also creates medical records that can support your claim. Without a medical report, insurance companies may argue that your injuries were not serious or even that they were unrelated to the accident.
2. Call the Police, No Matter What
Never skip this step. Even in a minor accident, a police report provides an objective account of what happened. In states like Virginia, drivers must report crashes involving injuries, deaths, or significant property damage. If an officer doesn’t respond, go to the nearest police station to file a report.
A police report can be critical evidence in your claim. It contains important details, such as the accident’s date, time, and location, statements from witnesses, and the officer’s assessment of who may be at fault. Insurance adjusters rely on these reports to evaluate claims. A missing police report can weaken your case when dealing with insurance companies. It may make it harder to prove liability in court.
3. Gather Evidence Before It Disappears
Physical evidence fades quickly, so document the scene while you can. Use your phone to take:
- Photos of vehicle damage, skid marks, road conditions, and weather conditions at the time of the accident.
- Videos of the accident from multiple angles, capturing the position of the vehicles before they are moved.
- Close-ups of visible injuries, such as cuts, bruises, or swelling.
- A snapshot of the other driver’s license, registration, and insurance card.
- Contact details and statements from eyewitnesses to what happened.
If possible, take note of nearby surveillance cameras that may have captured the accident. Many businesses and traffic intersections have security cameras; acquiring this footage can be invaluable in proving fault. The more evidence you collect, the harder it is for an insurance company to dispute your claim.
4. Watch What You Say
Be careful with your words. Even a polite “I’m sorry” can be twisted into an admission of guilt. Stick to the facts when speaking with the police, the other driver, and insurance representatives. Never speculate about what happened—fault is determined by evidence, not opinions.
Avoid phrases like “I didn’t see you,” “I wasn’t paying attention,” or “I think I might have made a mistake.” Anything you say can be used against you later. Instead, focus on providing accurate and concise information. Let the investigators and legal professionals determine fault based on the evidence.
5. Notify Your Insurance Company
Call your insurance provider as soon as possible. However, be wary of how you describe the accident. Adjusters are trained to look for ways to minimize payouts. Stick to the facts and avoid statements that could be misinterpreted as an admission of fault.
You are not obligated to provide a recorded statement to the other driver’s insurance company. It’s best to consult with a lawyer if they request one. Insurance companies often use recorded statements to find inconsistencies or statements they can use to devalue your claim.
6. Keep Track of Every Expense
Insurance companies will not hand over fair compensation without proof. Maintain detailed records of costs related to the accident, including:
- Medical bills, prescriptions, therapy costs, and rehabilitation expenses.
- Vehicle repair estimates or replacement costs.
- Lost wages due to time off work, including pay stubs or employer verification letters.
- Transportation costs for doctor visits, such as rideshare receipts or gas expenses.
Also, keep a journal documenting how your injuries affect your daily life. Note any pain, emotional distress, and limitations in mobility. That can support your claim for pain and suffering compensation.
7. Speak With a Lawyer if You’re Facing Pushback
Insurance companies have a bevy of lawyers working to minimize what they pay. If you’re facing resistance or if the accident resulted in serious injuries, it’s time to talk to a car accident lawyer. If needed, an attorney can push back against unfair settlement offers and take your case to court.
A lawyer can also help uncover additional compensation sources. For example, if a defective vehicle part contributed to the incident, you might have a claim against the manufacturer. If a negligent driver was on the job at the time of the crash, their employer may also be liable.
8. Don’t Rush Into a Settlement
Insurance companies often throw out lowball settlement offers right away, hoping you’ll accept them before realizing the full extent of your injuries. Once you sign, you forfeit the right to pursue further compensation—even if complications arise later.
Before accepting any offer, compare it to your total damages, including future medical treatments, lost income, and non-economic damages like pain and suffering. Consulting a lawyer can help ensure the settlement offer is fair and you’re not leaving money on the table.
9. Know Your Legal Deadlines
Each state has different deadlines for filing accident claims. Virginia’s statute of limitations is two years for personal injury claims and five years for property damage claims. If you wait too long, you may entirely lose your right to compensation. Acting promptly keeps your legal options open.
Additionally, suppose the at-fault driver was a government employee or a government entity was involved. In that case, you may have an even shorter time frame to file a claim. Missing these deadlines can mean forfeiting your right to any compensation.
Take Control Before Others Do
A car accident can shake you, but taking the right steps ensures you don’t become a victim again—this time of insurance company tactics. Prioritize your health, gather strong evidence, and seek legal help if necessary. You have the right to full compensation, but only if you demand it. Don’t let someone else decide what your recovery is worth.
