Car accidents can leave the most levelheaded people shaken up. However, no matter how emotional you are it's best not to say too much at the accident scene. People involved in accidents frequently have the reaction that "he came out of nowhere." Car accidents can seemingly happen when you least expect them. But, after an accident, there are things you can and should do. This is true in a rear-end car accident, whether you are a passenger or driver, whether you are in a taxi or bus, or even if you are driving on the job and involved in a rear-end accident.
First of all, at the scene, try to find a safe place away from any traffic. There you can wait for emergency personnel, police, and you can exchange information with the other driver.
It is very important to call the police. Wait for the police to arrive at the scene, unless it is simply impossible to do so. If you cannot wait for the police to arrive at the scene make sure you speak to the police as soon as possible following the accident.
Exchanging information with the other driver is important. Try to obtain as much information as possible, within reason, about the other driver as well as any other passengers who might be in the other driver's vehicle. Most importantly you need the name, address, and phone number of the other driver as well as the license plate/tag number for the other driver's vehicle and the state that the license plate is registered. If there are any witnesses to the accident, get their names, phone numbers and addresses as well.
You should report the accident to your insurance company as soon as you reasonably can after the accident. You are not under an obligation to contact your insurance company immediately; in other words you are not obligated to contact your insurance company from the scene, or from the hospital or even within the first day or two after the accident. Typically an insurance policy simply provides that you give them notice of the accident as soon as possible after the accident. The insurance company does not necessarily have your best interest in mind. They have their own best interest in mind. For this reason it is always a good idea to contact an attorney following a car accident in order to help you deal with the payment of medical bills, resolution of the property damage, and basically to deal with your insurance company and the other driver's insurance company.
If an insurance adjuster calls you after an accident, should you talk to him? You can, but we don't recommend it. The adjuster usually will want to take a recorded statement about the accident and your injuries. This benefits the insurance company, not you. Also, some insurance companies will try to pressure you into settling your case early in the claim process. Don't fall for that trap. Contact a qualified attorney who is used to evaluating personal injury cases before considering any settlement offer. Also, don't sign a release for the other driver's insurance company or your own insurance company to get your medical records. Simply put, the other driver's insurance company is not entitled to a release from you for your medical records. Your own insurance company may be entitled to a release for your medical records so that they can pay your medical bills, but we recommend that you speak to a qualified personal injury attorney before signing any medical release for an insurance company. For instance, there may be some medical records that have nothing to do with the accident. An insurance company is not entitled to get those records. But with a medical release, they can.
You should know what all of your damages and injuries are. But of course, you may not know what they are in the very beginning. That's why you should seek medical care as soon as possible. Tell your doctor what all you injuries are, but do not exaggerate. Pain and suffering is one of the main elements of damages in any personal injury case. Keep records of all of your medical bills, and of the expenses you spent going back and forth to the doctors. Keep your receipts for co-pays and deductibles. Don't forget that you are entitled to be reimbursed for any wages that you lose as a result of the accident.
If you choose a lawyer to represent you, choose one that is not afraid to go to court. Not all lawyers go to court. Some lawyers who handle personal injury cases settle all of their cases. Ask the lawyer that you are considering hiring whether they are skilled and experienced at trying rear-end car accident cases in Pennsylvania.
