After being involved in a motor vehicle crash that left you or a loved one seriously injured – or worse – you may have a number of questions about how you should proceed and what you can do to best protect yourself legally and financially.
If the crash occurred due to no fault of your own, you need to understand your legal rights so you can end up with the financial compensation you deserve.
Every collision is different, though here are some general guidelines for what you should do after a crash to protect your legal rights.
Contact Emergency Services
Following the crash, contact 911 as soon as possible. If you or your passengers sustained any injuries, this will ensure you get prompt medical care and can be transported to a hospital if necessary.
Though it can be intimidating to speak with law enforcement after a crash, it’s an important step that will help protect your legal rights. In Colorado, the law states that you must make an immediate report of any car crash that resulted in injury or property damage. Even if the other party suggests you settle things without police involvement, doing so could limit your ability for further legal recourse.
When the police arrive, they will request details about the crash and statements from involved parties and any witnesses. The information and evidence officers gather will go into a prepared police report, which will work as an important piece of evidence if you end up filing a personal injury claim.
Keep in mind if you admit fault during any discussion with the police or other first responders, it could limit the amount of compensation you can receive.
Exchange Information with the Other Driver
While at the scene of the accident, make sure you exchange contact and insurance information with the other driver, including their:
- Name
- Phone number
- Insurance company
- Policy number
Without their insurance information, it can be more difficult to track down the necessary information after the fact so you can file a personal injury claim if they were deemed at fault.
Gather Evidence
If your injuries allow, snap pictures with your mobile device of the scene of the crash. Make sure you capture photos of pertinent pieces of evidence that can prove the fault of the other driver, like any skid marks, tire tracks, and vehicle damage.
Be thorough, but do not touch or move any evidence, which could compromise the investigation into who was at fault. Even though the police should gather this information for their own investigations and police report, you may gather additional evidence that they missed and can work in your favor.
If you notice any witnesses around the scene of the crash, speak with them about what they saw and request their contact information. Their testimony could be important evidence should you move forward with a claim against the other party’s insurance company.
Seek Medical Treatment
Getting a thorough medical examination is always a good idea following a motor vehicle crash. This allows practitioners to assess any injuries you sustained as a result of the collision and provide you with the care you need and other recommendations for long term recovery.
Even if you don’t think your injuries are severe enough to warrant medical attention, having any injuries, even minor ones, documented by a trained medical professional can provide you with valuable evidence for a possible personal injury claim with the other driver’s insurance company. So, it can be a good idea to schedule a follow-up appointment with your doctor regardless of the extent of your injuries.
Additionally, not all injuries caused by the crash will become apparent immediately. So, it’s best to keep an eye on new symptoms that emerge in the following days and weeks so any injuries can be properly treated and documented.
Contact a Personal Injury Attorney
To gain a clearer understanding of your rights following the collision and get personalized legal guidance, contact a Denver car accident lawyer like Sandene Law as soon as possible. We will review the details of your case and provide you with advice on how to protect your rights and the next steps that will help you secure the maximum compensation for your unique circumstances.
Tort laws related to car crashes and personal injury can make it difficult for car accident victims to fully understand what rights they have after a motor vehicle collision. But, experienced law firms like Sandene Law should help you gain clarity after an auto accident injury, file a claim against the other driver’s insurance carrier, and file a lawsuit if they cannot reach a fair settlement.
Our team is well-versed in local and state laws related to motor vehicle crashes, and we have helped countless clients win their personal injury cases in the Denver area over the past 10+ years.
We know what it takes to go up against the large insurance companies, and can provide you with the dedicated legal support you need to get a fair settlement. The team at Sandene Law does what it takes to protect your rights and ensure the insurance companies do not take advantage of you, persuade you to admit fault, or accept a lower settlement offer than you deserve.
Speak with Insurance After Meeting with an Attorney
Try to avoid meeting with any insurance adjusters – your own or the other driver’s – before you can speak with a personal injury lawyer. They will provide you with personalized advice on the best course of action that will protect your legal rights.
If the other driver’s car insurance company contacts you, they may try to get you to share details about the crash that work against you and minimize the amount of compensation they can offer. This is why it’s important to consult with a car accident lawyer ahead of time to know how you should proceed and what details you should share about the crash.
The insurance company’s goal is to maximize profits for the company, not ensure you get enough compensation to cover all your medical expenses and vehicle repairs or compensate you for any pain and suffering the collision caused.
For these reasons, your attorney is your best advocate, especially when it comes to helping you protect your rights with insurance companies.
Protect Your Rights by Working with a Denver Car Accident Lawyer
Following the above recommendations can help you build a solid personal injury case, though working with professional legal experts like the team at Sandene Law is often your best bet to ensure your legal rights are protected and that you reach a fair settlement.
We have over a decade of experience handling car accident claims in the Denver, Colorado area, and we are willing to go the extra mile for our clients who we believe have a just case.
Like many personal injury lawyers, we work on a contingency fee basis, so we only get paid when you do. If you’ve been injured in a car accident and you want to understand your legal rights and available methods of recourse, contact us today for a free consultation.
FAQ’s
How long does it typically take to settle a personal injury claim after a car accident?
Personal injury claim settlements after a car accident can vary significantly depending on factors like case complexity and negotiations, with straightforward cases settling within months and complex cases potentially taking over a year.
What specific steps should be taken if the other driver involved in the crash does not have insurance?
If the other driver lacks insurance, relying on uninsured motorist coverage or exploring legal options promptly is essential to seek compensation.
Are there any time limits or statutes of limitations that need to be considered when filing a personal injury claim after a car accident?
Time limits, known as statutes of limitations, apply to personal injury claims, varying by state and typically ranging from one to several years; missing these deadlines can result in the loss of your right to seek compensation.
How does comparative negligence apply in car accident cases, and how might it affect the compensation received?
Comparative negligence may impact compensation in car accident cases, where parties sharing fault may see reduced awards proportional to their degree of fault, necessitating an understanding of its application during negotiations.
What are the potential challenges or obstacles one might face when dealing with insurance companies during the claims process?
Challenges when dealing with insurance companies include delays, denials, and attempts to minimize settlement amounts, often involving disputes over liability and damages, which underscores the importance of legal representation for protection and guidance.
