Andrews, Bongar, Starkey & Clagett: Southern Maryland Attorneys

What You Should Do Immediately After A Car Accident

One of the first articles on this website was “What You Need To Know Before & After A Car Accident.” It covered the most frequently asked questions we receive from clients after they have been in a car accident. It also provided some good general advice on what you should do before you have a car accident. Most of that dealt with insurance. If you have never read that article, I suggest you do so by clicking here. Be sure to read “Our Most Important Advice” on the right side of this page.

This article will address the actions you should take immediately after a car accident. These actions will protect your property, protect your personal health, assure you have the necessary evidence to make a claim, and keep you from making a major mistake that may ruin your Maryland accident case. For more on mistakes that can ruin your Maryland accident case, click here.

Report the Accident to Authorities

Call 911 and report the car accident. If someone is injured, or even if they may be injured, you should be sure to specifically report that, so the dispatcher sends an ambulance. An ambulance can provide critical care that can save a life. A person may not look injured if they have internal injuries, are in shock, or sometimes just because their adrenaline is pumping after the accident. Don’t take a chance with your health or that of another person. Better safe than sorry.

Be sure to get the police officer’s name, badge number, and accident report number. You will want a copy of the accident report. Your attorney will certainly order one. Notice whether the officer is State Police or the County Sheriff.

You must tell the police officer what happened. You should also be honest when describing your injuries to the ambulance crew. You do not have to talk to the other driver, or any witnesses.

You should never talk to an insurance company representative before consulting a lawyer. And you should never sign anything from an insurance company unless a lawyer has reviewed it first. Click here to read more about why you should never give a recorded statement to the insurer.

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Exchange Information with the Other Driver(s)

Get the name, address, and telephone number of any driver involved in the accident. It may be helpful to write down a description of the driver too. Get their insurance information, including the company, the policy number, and the company’s address and phone number. Ask to see their driver’s license and insurance card. I have had cases where a driver made up a name, number and even used a fictitious insurance company!

Also, get the license plate numbers, and the make & model of the other cars involved in the collision. Write down as much information as you can.

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Gather Information on Witnesses

Get the name, address, and phone numbers of all witnesses to the accident. This will be vital later if a dispute arises about who was at fault. Do not necessarily trust the police officer to get this information. I have seen many cases where they fail to get the witness contact information, probably because the witness left the scene before they could get it. You should be your own private investigator, to the best of your ability, and gather evidence at the scene.

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Take Pictures

As common as cell phone cameras are today, there is no reason why you shouldn’t take some pictures of the accident scene, and the vehicles involved. Take pictures that show the complete scene, including where the other driver was coming from. You want to be able to prove they were negligent. This is true no matter what they say at the scene, or how obvious you think it was that the other person was at fault. I have two personal stories that prove that point.

Years ago, a woman rear-ended me and apologized profusely on the scene. She was very nice. It was just a bit of minor property damage, so I didn’t think much of it. We exchanged information and went our separate ways. Later, I got a call from her insurance company because she called them and claimed I backed into her! Lucky for me, they caught her in that lie and she had to pay, but I was completely shocked that the “nice” lady who apologized for hitting me tried to lie like that. After 13 years as a practicing attorney, I would almost expect it today. But I did not then.

That is why, when someone pulled out in front of me a few years ago in a parking lot, I took pictures with my cell phone. He later tried to claim I was speeding, but my pictures proved the story and his insurer paid to fix my bumper. The earlier incident kept me from trusting him and I was glad later that I had the pictures to prove my side of the story.

So take pictures if you have a camera or your cell phone takes pictures. And not just one. Take enough pictures to accurately show the scene.

Also, take pictures of the cars and the damage to each. Property damage is often used by insurers to gauge whether you are really injured or not. This isn’t always fair, but they do it. So if you have property damage, take pictures to prove it before the car gets repaired.

The last thing to take pictures of are any visible injuries. This may sound like something you do not want to do, but documenting your visible injuries will be very helpful to your legal case later.

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Write a Detailed Description of the Accident

You should do this as soon after the accident as you can. Do it even if you think the accident was simple and will be easy to remember. Do not trust your memory. What you think are minor details now may become important later. And you may not remember the smaller details as well as your attorney will wish you did.

Do not show this description to anyone other than your attorney. Do not provide it to anyone representing any insurance company. Do not even tell them about it until you have hired an attorney. When in doubt, consult an attorney.

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Get Medical Care

Do not delay medical care if you need it. It is very common for a person to feel fine immediately after an accident, then develop pain an hour or more after the accident is over. It is even more common to feel badly the next morning after you sleep that night. If that happens to you, go to the hospital. You may just be sore, or you may have a serious condition. Only a doctor can tell.

Be honest with your medical provider when describing your injuries. Never exaggerate your injuries, but do not minimize them either. Be honest and be complete in describing your pain or symptoms. That is the only way they can accurately treat you.

The insurance company will carefully review your medical records for clues to the accident and its affect on you. So be complete when you are telling the doctor how you feel. Some people try to tough it out. This not only hurts their ability to get quality medical care. It also hurts their ability to pursue their accident claim with the insurance company.

By the way, if the Doctor tells you to stay off work, be sure to get that in writing. This is true even if you are self employed. Most doctors will do this, but you may have to remind them if they are busy seeing patients. The insurance company will not pay for your lost wages unless you have a written excuse from a doctor. Remember to do what we attorneys do – document, document, document.

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Get a Free Consultation with an Attorney (at least)

All attorneys who handle personal injury cases offer a free consultation. Take advantage of that. Do not try to handle your injury claim on your own. At the very least, get some free advice. You will not have to pay if you have an injury claim. If you do not want to go in the office, schedule a phone appointment. You have nothing to lose but your time.

Pick a lawyer who appears honest and ethical. If you feel like you are getting sales pressure to retain him or her, just ask to think it over and leave. You are never under an obligation. For more detail on choosing a lawyer (and more importantly, how not to choose one) read our article “7 Mistakes That Can Ruin Your Maryland Accident Case” by clicking here.

At Andrews, Bongar, Starkey & Clagett, we have been handling personal injury claims for over 30 years. If you wish to contact our office for a free consultation, please contact us to schedule an appointment. We will be happy to meet with you, or discuss your case on the phone.

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More legal info & tips to keep you safe.
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More legal info & tips to keep you safe.
For examples of past issues, click here.