What to do when you've been in a car accident

With a background in personal injury work, I have the ability to evaluate your potential case to determine the viability and cost-effectiveness. The following essay is adopted from my Avvo guide on what to do when you’ve been in a car accident:

Take Pictures: You should always have a camera (a disposable one is fine) in your glove compartment. If it is safe to do so and you can do so without pain, you or your passenger should take pictures of the positioning of the cars, any traffic signals, the damage, the road conditions, and the scene of the accident – as many as you can. This is the one and only chance to record the exact scene at the time of the accident. Obviously, depending on your injuries, this may not be possible. In this case, the best course of action would be to have a friend, relative, or your attorney visit the scene as soon as possible after the accident – skid marks or other damage may still be visible, and the layout of the road would not have changed.

Gather and Observe Information: Get the name, address, telephone number, and insurance information for the other driver(s). Get the names, addresses, and telephone numbers of any witnesses or passengers. Once the police are on the scene, get the officer’s name and/or badge number and the report number. Also, listen. Listen to what the other driver says (do they admit fault?) Do they argue with their passengers? Is their radio on? Were they talking on a phone? Smoking? You may see or hear something that could help your case later on. While the police officer is suppose to do this, she may or may not.

Go to the Doctor: If you are in any pain what-so-ever, you should go to the Hospital from the scene. Never, ever, exaggerate your injuries, but do not minimize them either. If you do not go to the Hospital from the scene (either via ambulance or driving yourself), you should go as soon as you experience pain.

Don't Talk to Anyone: Do not, however, talk to anyone from the other driver’s insurance company until you obtain an attorney. Save everything they send you and make note of the times they call, but do not give a statement to them until you have your attorney.

Keep a Journal: It is very helpful for your case to keep a journal. Write down anything you saw at the scene, when you went to the doctors and which doctors you saw. Memories fade, but if you write it down, it’ll help your attorneys down the road. Under Illinois law, if your case goes to Court, this journal will be seen by the attorneys for the other driver, so keep it brief and factual – names and dates, who said what to whom. Don’t make things up, don’t exaggerate, and don’t try to make up “facts” that you think might help your case, as it will just hurt you down the road.

Get an Attorney: Lastly, get an attorney. You should never try to handle a personal injury case on your own. Insurance companies will rarely, if ever, pay full value for a case unless there is an attorney willing to go to Court on the file. Injury cases are almost always done on a contingency fee basis, which means you don’t have to pay any attorney fees up front (they come out of your recovery). Some attorneys may require payment for costs up front. It is best to obtain an attorney as soon after your accident as possible, but don’t expect an immediate settlement. Your attorney can’t settle your case until you’ve finished medical treatment and are back to work. Once you’ve finished medical treatment, your attorney needs to get all your medical records and bills and submit a demand to the insurance company. This can take a few months, sometimes more. If the case can’t settle, your attorney will have to file a lawsuit.