What Can I Do to Protect My Rights After a Car Accident?
Published in Car Accidents on October 15, 2024
Reading Time: 4 minutes
Car accidents are sudden and often leave you feeling shaken and confused. It can be stressful navigating the legal ins and outs in the aftermath of a car accident. With so much happening at once, you may not know your rights or think about protecting them.
You might face damage and medical expenses or a lawsuit after a car accident. By knowing and protecting your rights, you ensure you receive fair compensation for any trauma, pain and expenses you incurred.
What Are My Rights After a Car Accident?
In every state, you have certain rights following a car accident. These include the right to receive medical attention, contact law enforcement, file an insurance claim and seek compensation.
Receive Medical Attention
It’s important to seek medical attention for any injuries from your accident. Even if the injuries appear minor, it’s best to be safe. You or your passengers might be in shock and not realize the extent of your injuries, or you might have internal injuries. Additionally, medical records can be paramount to your case, if you go to court.
Fortunately, states require mandatory automobile insurance. Sometimes, these requirements include personal injury protection and bodily injury, which can cover your medical expenses:
- Personal injury protection (PIP): covers medical expenses, lost wages and replacement services. Some states are no-fault states, so PIP will pay these expenses for you, your passengers, anyone you let drive your vehicle, people in your household and pedestrians, regardless of who was at fault for the accident. Other states are at-fault states, which means the driver who causes the accident must pay for the other driver’s medical and damage expenses.
- Bodily injury caused by uninsured auto: covers medical expenses if an uninsured or unidentified driver injures you, your passengers, someone you let drive your car or your household members.
Contact Law Enforcement
You never want to leave the scene of an accident, and you always want to contact the police to protect your rights. Each state has varying laws concerning when you must report the accident to your insurance company, but it’s best to do so as soon as possible.
When you contact local law enforcement or call 911, the responding officers should file a report of the accident. Request a copy of the incident report because you might need it for your insurance or your case if you take further legal action.
As you give your statement to the police, be honest, but don’t admit fault. The accident may not have been your fault, even if you think it was. And, admitting fault may prevent you from receiving fair compensation.
File an Insurance Claim
Notify your insurance company about the accident as soon as you can. Your insurance company might request documentation and details, such as:
- Pictures
- Police reports
- Medical records
Your insurance company should guide you through the claims process, explain your coverages and determine your compensation.
Seek Compensation
Insurance companies often try to reduce their payout amounts on claims. If you feel like you haven’t received fair compensation for your suffering, injuries and damages, you can talk to a knowledgeable attorney to build your case and seek justice.
How Can I Protect My Rights After a Car Accident?
Now that you know your rights, there are several ways you can protect them following a car accident. You can consult an attorney, keep detailed records, complete your medical treatment and avoid common mistakes.
Consult an Attorney
Consider consulting an attorney before filing an insurance claim. An experienced personal injury attorney can ensure you receive fair compensation for your injuries and damages. They will help protect your rights by helping you receive the best possible settlement and preventing insurance companies from taking advantage of you.
Personal injury lawyers are always on your side. They can guide you through the legal process, negotiate with insurance companies on your behalf and represent you in court, if necessary.
Keep Detailed Records
Keeping detailed records of all the expenses and communications related to your accident helps you protect your legal rights and acts as valuable evidence to support your compensation claim. You can keep detailed records by:
- Keeping a journal of your recovery process and noting any pain, discomfort or limitations you experience and how it improves or progresses over time.
- Taking notes of any conversations you have with the other driver, their insurance company and witnesses.
- Notating the dates and times of the significant events related to the accident.
- Documenting the names and contact information of anyone you speak to.
- Storing records of your claim, pictures from your accident, medical bills, repair estimates, rental car costs and other related expenses.
Complete Your Medical Treatment
It’s imperative that you follow all instructions from your doctor and complete your medical treatment. It’s not only potentially risky for your health to stop your treatment plan, but it can also cause you to lose your case.
Avoid Common Mistakes
Common mistakes can put your claim at risk. Here are some tips to avoid common mistakes people make after car accidents:
- Don’t admit fault: Admitting fault to your insurance company or at the scene can jeopardize your claim.
- Don’t settle: Consult an attorney before settling with the other driver or their insurance company.
- Stay off social media: Insurance companies can use anything you post about the accident against you.
- Seek medical treatment: Don’t delay seeking medical treatment.
- Contact a lawyer before your insurance company: The general recommendation is to report an accident within a few days. It’s best to consult an attorney first, then contact your insurance company, but do both as soon as possible.
Get Legal Support From An Experienced Lawyer
Sweeney Merrigan Personal Injury Lawyers has decades of combined experience helping clients attain favorable case outcomes. Our lawyers have the knowledge and expertise of state traffic laws, comparative fault laws, car accident compensation types and insurance requirements to build a solid case for you, file claims, negotiate with your insurance company and secure your compensation.
As a car accident victim, you may be entitled to compensation for economic and non-economic damages, such as pain and suffering, medical bills, emotional distress and lost wages. Let our skilled lawyers fight for the compensation you deserve. Contact us today to start building your case.