Kentucky car, truck, pedestrian, and bicycle accidents are always unexpected, but when you’re severely injured in a crash you didn’t cause, the experience can be even more traumatic and unsettling.
Legal strategy may be the last thing on your mind in the immediate aftermath of an accident. However, what you do in those first chaotic moments after a crash—as well as in the hours, days, weeks, and months that follow—not only matter, it can substantially impact the outcome of a future insurance claim or personal injury lawsuit.
Don’t let mistakes or missteps jeopardize your right to recover fair compensation for your accident-related injuries and losses. Keep reading for examples of what you should—and shouldn’t—do after a crash to protect your right to recovery and how Skeeters, Bennett, Wilson & Humphrey’s capable and conscientious Central Kentucky injury lawyers can assist you every step of the way.
At the Scene of the Accident
No one’s at their best immediately following a serious accident, but taking a minute to regain your composure and keeping these Dos and Don’ts in mind is essential for building your insurance claim or lawsuit on a firm foundation:
Do
- Check for injuries. Determine whether you, those with you, or the drivers or occupants in the other vehicles are injured.
- Call the police. Summon an ambulance if anyone’s injured. You’re also legally required to report the crash to law enforcement if there’s more than $500 in property damage, someone is injured or killed, or your vehicle’s undrivable.
- Exchange information. If asked, provide the other driver(s) with your vehicle registration number, insurance company name and policy number, and contact information for yourself, any passengers, and the vehicle’s owner. You can request the same information from the other party or obtain it from the police.
- Gather evidence and document the scene. Take photos or video of any visible injuries, property damage, and road or weather conditions that may have contributed to the crash.
- Talk to witnesses. Ask for their full contact information and a brief description of what they saw.
Don’t
- Lose your cool. Keep interactions with other involved in the accident as brief and polite as possible.
- Accept or place blame. Avoid making accusations or apologizing, which could be misconstrued as accepting fault.
In the Hours and Days That Follow
Even when you’ve successfully protected your rights at the scene of the accident, you’re not out of the woods just yet. These vital Dos and Don’ts can help keep your case on track.
Do
- See a doctor. Seek medical attention as soon as possible, ideally within three days of the accident, even if you don’t feel severely injured. Not all crash injuries are immediately apparent.
- Notify your insurer. Report the accident to your auto insurance carrier within 24 hours, but decline if asked to provide a statement.
- Consult an attorney. Contact a knowledgeable and experienced Kentucky personal injury lawyer for a free consultation to discuss your legal rights and options.
Don’t
- Provide unnecessary information. The other party’s insurer may contact you to request a recorded statement and the release of your medical records, which they can then use to try to undermine your claim. An attorney can advise you on what’s appropriate to provide.
- Accept early settlement offers. Another insurance tactic involves getting claimants to settle before they know the full extent of their injuries and damages.
- Sign—or agree to—anything. Consult your lawyer for skilled legal counsel.
Moving Forward
Protecting your rights is an ongoing task. Hiring Skeeters, Bennett, Wilson & Humphrey means we take on all the heavy lifting. Here’s what you can do to help your case.
- Follow your treatment plan. Attend follow-up appointments with your doctor(s) and complete your treatment as prescribed.
- Document financial damages. Keep track of medical bills, property repair or replacement receipts, out-of-pocket costs, lost wages, etc.
- Keep a journal. Record symptoms and information on how crash-related injuries affect daily activities and employment.
- Avoid discussing your case. Don’t talk about your case with anyone other than your attorney. Be mindful of what you post on social media or, better yet, refrain from posting until your case is resolved.
Navigating the insurance claims and litigation processes after sustaining severe injuries in a crash caused by someone else’s negligence can be complicated, frustrating, and confusing.
It can be even more challenging for pedestrian and bicycle accident victims, who often suffer injuries so devastating that they’re unable to gather evidence, document the scene, and take other actions to protect their rights.
