You may not believe this, but there are some of us attorneys out here who realize you don’t want to hire one! We understand, you’ve been injured in a car accident and the last thing you want to do is have to go find an attorney to handle things. It’s just one more headache.
If you’ve been injured in a car accident, you may not know where to turn to. You may have important questions like: what should I do right after a car accident? When should I get an attorney?
Unfortunately, insurance companies know this and will use this trick (and others) to their advantage. It is all designed for you to accept less or pay you nothing at all. Here are some things you should know:
What should you do right after a car accident?
Right after a car crash, you are probably in shock. No one can prepare for the jarring event no matter how minimal. Try your best to remain calm so that you can think clearly. If you’re able to move your car to a safer spot without making things worse, try to do this. Immediately call 911 to alert them of the situation and that medical treatment is needed. While it may appear that you aren’t injured, your body may not have processed your injuries yet. Sometimes injuries can take weeks to appear. It is always best to get checked out by a doctor as soon as possible.
You should follow the doctor’s orders when it comes to medications, tests, and follow-up appointments. If you don’t, the insurance company will be able to claim your injuries aren’t as serious as you say and possibly deny your claim.
If you’re able to, take pictures of the scene, the cars, traffic signals the at-fault driver may have ignored, and identification and insurance of the at-fault driver as well as witnesses. Contact information for these parties will be crucial to proving your story and backing up your insurance claim. But that is as far as your communication with them should go. Don’t engage in conversation about what happened or take the blame for the accident. When the police arrive to take a statement, only stick to the facts.
When do you need an attorney?
Some people are unsure about this and feel guilty about hiring an attorney. Insurance companies paint car accident victims as seeking “cash grabs.” Whether you ultimately need an attorney for your car accident claim depends on the severity of your accident. If it was truly a minor fender bender (ex: in a parking lot backing up) where the speed and injuries are minimal or non-existent, you may not need an attorney.
However, if you went to the ER, doctor, or your car sustained damage, it is probably best to consult with a car accident attorney. Almost all attorneys in this field offer free consultations or case evaluations to help determine your options.
How much time do you have to get an attorney for a car accident in Sacramento?
It is recommended to contact an attorney right after your car accident if you can. This is for several reasons.
The at-fault party will immediately contact their insurance company following their accident. They will try to get in touch with you right away to get a recorded statement. You should never give a recorded statement without first meeting with an attorney. Recorded statements are a tactic insurance companies use to lock you into a story that they can use against you down the road. Maybe you haven’t seen a doctor or maybe your injuries haven’t manifested yet. They are trained to get information from you to hurt your claim. You have to remember—they aren’t on your side.
In California, there is a time limit on when you can file a lawsuit for a car accident. It is two years from the date of the accident. This is called the Statute of Limitations. While two years seems like a lot of time, insurance companies will delay processing your claim by asking for more information or requiring that things are needed when they aren’t. They will also appear that they’re trying to work with you so you don’t think you need an attorney. This is designed to drag things out and make it more difficult to find an attorney. Most attorneys will not take a case when the Statute of Limitations date is rapidly approaching.
When you get in contact with an attorney about your car accident, provide all the information you have. Include your recollection of what happened, the contact information of the other driver and witnesses, police report, and medical records and bills. The attorney will help evaluate your claim and determine the strength of your claim. They will then become the contact point with the insurance company so that they can’t pull any tricks on you. If no settlement can be reached, a lawsuit will be filed. If nothing can be resolved during the course of the lawsuit, the case will go to trial.
If you have any questions about a car accident from yourself or a family member, please don’t hesitate to contact us for a free case evaluation or fill out the form on our website
