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Steps to Take After a Car Accident to Protect Your Personal Injury Claim
A car accident can turn someone’s life upside down within seconds. Between the physical pain, vehicle damage, and emotional toll, it can be a confusing experience, especially when it comes to filing and protecting a personal injury claim.
Gathering the right evidence early, speaking to the correct professionals, and keeping accurate records can help protect your interests if you end up seeking compensation.
At Armstrong Law Offices, P.S. in Kent, Washington, Attorney James Armstrong wants to highlight key steps you can take right after a crash to safeguard your rights and set a strong foundation for any potential legal action you might pursue.
Assess Injuries and Call for Assistance
Your first priority following any auto collision should be your health and safety. If you’re seriously hurt or suspect others are, call 911 immediately. Paramedics can address urgent injuries, and police on the scene can gather preliminary information about the crash.
Even if the incident seems minor, it’s wise to have an official report if you anticipate filing an insurance claim or personal injury lawsuit.
Check yourself and your passengers: Identify any pain, bleeding, or signs of serious trauma. If movement causes severe pain or dizziness, avoid pushing it—emergency help is on the way.
Move to safety: If your car is in a dangerous spot and it’s safe to move, try pulling over to the shoulder or a nearby parking area. Activate hazard lights to alert oncoming traffic.
Call for emergency services: Make that 911 call if the crash is serious or you see someone in distress. Let dispatchers know how many people are involved, the location, and whether vehicles block the roadway.
Even if injuries seem minor at first, be attentive to delayed symptoms. Some conditions, like whiplash or internal bleeding, might not surface immediately. That’s one reason we suggest contacting medical professionals promptly.
If you wind up filing a personal injury claim, thorough documentation of initial and ongoing injuries can confirm they are from the accident.
Gather Information at the Scene
If you can, physically and safely collect details from the scene before cars are moved or evidence disappears. That evidence can prove vital when dealing with insurance adjusters or if negotiations lead to a lawsuit.
On-scene records often bolster claims, cutting down on “he said, she said” disputes.
Exchange info: Obtain the names, phone numbers, addresses, and insurance details of all involved drivers.
Get license plate numbers: Write down or snap photos of license plates for each vehicle.
Note the time and weather: These conditions can affect liability—like whether the roads were slick with rain or if it was dark out.
Get witness info: If bystanders or other drivers witnessed the crash, ask politely for their names and phone numbers. They might be useful in confirming how events unfolded.
File a police report: If law enforcement arrives, note the responding officer’s name, badge number, and report number if available.
Even a short time after the crash, memories can fade or become distorted. Relying on fresh impressions and thorough notes now can spare you from missing crucial details later.
Document Damage and the Scene
Visual records—photographs or video—offer a clear portrayal of how severe the collision was. Personal injury lawyers rely heavily on such media to show the extent of property damage and illustrate the potential forces involved that might have caused bodily injuries.
Vehicle damage: Photograph both your car and the other driver’s vehicle, capturing dents, scratches, or shattered glass. Even interior pictures can help show where a passenger was seated and if they were likely to have been hurt on impact.
Surroundings: If there are skid marks, traffic signs, or road hazards (e.g., potholes or debris) relevant to the crash, document them.
Injuries: If feasible, you might photograph any visible bruising or cuts. Over time, these images may underline how your condition changed.
If you can’t collect these visuals yourself—maybe because of injury—a passenger or a friend might help. Having such evidence makes sure that if insurance adjusters challenge your account or the severity of the impact, you have tangible proof.
Seek Medical Attention Promptly
Even if you feel “fine,” mild soreness or headaches can sometimes mask serious underlying injuries. Delaying medical care risks your health and the integrity of your personal injury claim, as insurers might claim your injuries weren’t severe enough to warrant immediate treatment.
Go to urgent care or the ER: If injuries seem more than minor, a professional evaluation can identify hidden issues, such as a concussion or spinal injury.
Follow instructions: If doctors recommend an MRI, physical therapy, or medication, follow through. Gaps in treatment or ignoring medical advice can hurt you physically and weaken your claim’s credibility.
Keep records: Store medical bills, prescriptions, physician notes, and any other paperwork. They track your progress and help measure damages if you decide to file a lawsuit or negotiate a settlement.
Medical records connecting your injuries to the accident are crucial. If insurers think your pain was pre-existing or caused by something else, your documented timeline of symptoms and diagnoses can refute those arguments.
Notify Insurers but Remain Cautious
After a collision, you generally must inform your own insurance company within a reasonable time, especially if you expect to draw on personal injury protection (PIP) or collision coverage. However, the process of dealing with insurance adjusters—your own or those of the at-fault driver—can be tricky.
Stick to the facts: Provide the basics—time, place, parties involved—and avoid speculating about fault or injuries until you have thorough information.
Stay polite but firm: Adjusters often record these conversations. Any admission of partial blame or a simple “I’m feeling okay” remark can undermine your potential claim.
Beware early settlements: Insurers might offer quick payouts that fall short of covering all medical bills or lost wages. Consulting personal injury lawyers before accepting any final deal is wise.
You might be obligated to cooperate with your own insurer, but you aren’t necessarily required to speak in-depth with the opposing party’s insurance without legal counsel.
If you sense an adjuster fishing for statements that minimize your injuries, politely decline to continue the conversation until you receive advice from an attorney.
Track All Expenses and Losses
Damages in car accident claims extend beyond medical bills. You may miss work, require property repairs, or endure mental distress. Recording these costs helps create a full picture of the harm you’ve experienced.
Medical costs: Copays, prescriptions, hospital bills, physical therapy, counseling—keep every receipt.
Vehicle repairs: Gather estimates or invoices from mechanics and detail any rental car or alternate transportation expenses while your car is out of commission.
Lost wages: If you need to take sick leave or can’t perform your job due to injury, save pay stubs or employer letters.
Home modifications: If the crash caused a lasting disability that demands wheelchair ramps or special accommodations, those expenses can factor into damages.
By itemizing each category of loss, you can present a comprehensive claim, making sure you don’t settle for less than your actual costs.
Avoid Public Statements and Social Media Pitfalls
In the digital age, oversharing can become an obstacle. Insurance companies may scrutinize your social media profiles, looking for contradictory evidence about your injuries or daily limitations.
Limit posts: Avoid detailing the accident or how you’re “feeling better” if that might contradict medical reports about chronic pain or mobility issues.
Privacy settings: While not foolproof, adjusting settings can reduce the chance that insurers see everything you post.
Friend requests: Insurance reps sometimes pose as new acquaintances. Double-check who you accept into your social network.
Even private messages aren’t always private in a legal dispute. A cautious approach—disclosing minimal personal details on social platforms—can help maintain consistency with your official statements and medical records.
Contact an Attorney Early
Experienced personal injury lawyers can help you understand every stage of your car accident claim. From advising how to speak with insurers to guiding you through the ins and outs of Washington state’s liability laws, legal counsel offers clarity and protection.
Evidence gathering: An attorney often knows what additional proof might bolster your case, such as witness statements or accident reconstruction.
Deadlines: Washington imposes a statute of limitations, meaning you must file a lawsuit within a set period (usually three years) from the accident date. Missing that window can forfeit your right to compensation.
Negotiation: Personal injury lawyers handle the back-and-forth with insurance adjusters, making sure that any settlement offer considers future medical expenses or long-term disability impacts.
Approaching an attorney sooner rather than later typically leads to better results. The more time your attorney has to investigate, the easier it becomes to build a strong claim. If you wait until the last minute, crucial evidence might vanish, or memories might fade.
Call for a Free Consultation
Serving clients throughout Kent, Seattle, Tacoma, and Renton, Attorney James Armstrong stands ready to support you at each step of the process, from initial filing to final settlement talks or trial if needed. Reach out to Armstrong Law Offices, P.S. today to get started.