If you were involved in an automobile collision and are pretty sure it was your fault, whether because of a distraction, speeding or because you were driving while excessively tired, there are several important things you must do following the accident. Of course just as with any accident, no matter which driver was at fault, all those involved must get immediate medical attention for their injuries. Even if you are uncertain whether you are hurt or not, it’s a good idea to have a medical professional check you out. Your insurance company has specific responsibilities to you in connection with a potential claim which could be brought against you as a result of the accident. Follow these steps immediately after your accident:
Don’t Admit Guilt
First and foremost, don’t jump out of your car and begin admitting your guilt to anyone who will listen. Do exactly what you would do if you felt the accident was caused by another driver. If you are able to get out of your car and nobody appears to be seriously injured, exchange information with the other driver including name, address and insurance information. Injuries take priority over everything else after an accident. Don’t tell the police officer or the other driver it was your fault and avoid saying you are sorry—simply relate the facts to the best of your ability and if those facts paint you in a harsh light, then you will have to deal with those consequences with your insurance company. When you are able to report the accident to your insurance company, be honest about the circumstances, giving them the straight story to the best of your ability.
Take Stock of Your Insurance Policy
Once injuries have been attended to, the police have been called and your insurance company has been notified, you can likely go home after making arrangements for your vehicle. Once you arrive home, read your insurance policy and see whether or not you have the right to hire your own attorney and what legal and medical expenses will be covered. While the insurance company may try to dissuade you from hiring your own attorney, remember that their attorney will likely be more loyal to the insurance company’s interests than yours. While insurance companies are legally obligated to consider your interests equal to their own in theory, in practice this doesn’t always happen. It’s much better for you to hire your own attorney who will do their best to limit or prevent altogether your personal liability.
How an Attorney Can Help You
Figure out which of your medical expenses and car damages will be covered. Many people have insurance coverage they are not even aware of, and a great deal of insurance policies pay for your medical bills no matter who was responsible for the accident. This can be especially important if you or one of your passengers don’t have health insurance, therefore would be wholly liable for any medical care. Your attorney will be able to read your policy, speak to your insurance company and determine what kind of coverage you have and what you are entitled to receive. A knowledgeable personal injury attorney will ensure that your assets are protected to the extent possible, and may even be able to get all your expenses covered as well.
When You Share the Fault
Fault is probably the most crucial element in an auto collision claim. Because one person’s negligence is usually responsible for causing the accident, they—or their insurance—must generally be responsible for the damages. Many times liability is hardly crystal clear, and liability must be shared. According to the state you reside in, and whether they operate under comparative or contributory negligence, a percentage of fault may be assigned to each party depending on their role in the accident. Most states use this proportionate structure of comparative negligence so that the person with injuries can recover at least partial compensation for injuries even if their actions or inaction played a role in the accident. These types of accidents where fault is not clear cut can get very complex—yet another reason to have an experienced attorney by your side.