So You Were in a Car Wreck…Now What?

Last year, on a late-summer afternoon my law partner Bill Thayer and I were driving back to our office following a work meeting. I was driving my full size Toyota Tundra truck and Bill was sitting in the passenger seat next to me. We were preparing to get on the freeway from Mill Plain Blvd. As we did so, we were rear-ended by another vehicle. We pulled off the roadway and into a nearby parking lot. The driver of the other vehicle, an older model Toyota Corolla, followed us. I got out of my truck to inspect the damage. Though it was worse than I would have expected, it was still relatively minimal damage. The other driver got out of her vehicle. She was a young girl–I later learned she had just turned 17. She was apologetic and very emotional. She told us she was changing lanes into the lane we were in and didn’t even see us in front of her. Not wanting to cause her more anxiety than was absolutely necessary, Bill and I decided to not tell her that we were attorneys and decided we wouldn’t need to call the police to file a report. We exchanged insurance and contact information and wished her well.

That evening I received a call from her insurance company. Even though she rear ended me, and even though she didn’t see my Toyota Tundra truck in front of her, they were denying liability for the collision—their position was that the collision was my fault. Though I do this type of work for a living, I didn’t listen to my own advice—the advice I give all of my clients–and it was coming back to bite me.

If you’re ever in a collision, we recommend following these ten steps:

1. Get Medical Care – If you’re able, call 911 and make sure everybody involved receives needed medical attention from trained professionals.
2. Notify the Police – Call the police. It’s a mistake to assume that “everything will work out” or that the driver who now assumes liability will later tell the same story to his/her insurance company. Police officers are trained to document the crash and to take statements from those involved. This is critical information when it comes time to figure out what actually happened.
3. Gather Information – Get information from the other driver(s). Note their name(s), address(es), phone number(s), and drivers license number(s) as well as their insurance carrier(s) and policy number(s). Get information from the police officer(s). Note their name(s), badge number(s), and write down the police report number. Get information from any witness(es). Note their name(s) and contact information–do this quickly as many witnesses will leave after making sure everyone is “okay.”
4. Take Pictures – Almost everybody has a cell phone with at least a decent camera. If you can, and if it’s safe, take pictures of everything. Pictures of the damage and position of the vehicles before they are moved can be very important. If you are not able to take pictures, ask a passenger or independent witness to do it for you. But again, this should only be done if they can do so safely. After you get home, take pictures of your injuries as well, including any bruises, cuts, or bandages/casts. Back-up these pictures so they are protected in case something happens to the originals.
5. Do Not Discuss Fault at the Scene – If you were at fault, or if you think you may have been at fault, don’t make any statements or say anything that could be taken as an admission of fault. Even if the other driver admits fault, don’t discuss it, as it may lead to an argument and that’s never good for an already tense situation. You should however speak honestly with police officers and with your own insurance company about exactly what happened.
6. Take Notes – As soon as you are able, write down everything you remember. Document what happened, the road conditions, what was said afterward, whether any citations were issued and what injuries, if any, were sustained by those involved. Put these notes, along with all the information you gathered, in a folder so you can keep everything in the same place. Draw a sketch or diagram of the crash scene. It may be months, or years, before the crash is fully resolved.
7. Call Your Insurance Agent – All insurance policies require that you notify your insurance company that you were involved in a crash. Do this soon, the day of or the following day, or on Monday if the crash happened on the weekend.
8. Add to your Notes – Over the next several days and weeks you will likely make several phone calls and/or exchange several e-mails. Document everything taking note of who said what and the dates and times it was said. Remember to not discuss fault with anyone–especially the other party(ies) insurance representatives. Take notes on any medical care you receive including dates and doctor’s names and the care you received.
9. Call a Personal Injury Attorney – You need to protect your rights. Personal injury attorneys dedicate their professional careers to working against insurance companies and protecting the rights of injured victims. An attorney who focuses his or her practice in personal injury law is best able to evaluate what needs to be done to get you fully compensated and to best protect your interests. Most personal injury attorneys offer free initial consultations and will be willing to accept your case on a contingency fee basis—meaning you don’t pay an attorney up front but the fee will be a percentage of what is ultimately recovered.
10. Be Aware – Everything you do and everything you say (including what is said/posted on Facebook, MySpace, Twitter, Instagram, Snapchat, Tumblr, etc.) can come back to haunt you later—even if you think it was said in confidence or posted on a private social media account. If you really feel the need to post things, keep your posts honest and factual, avoid embellishing or being flippant or flowery in your crash-related posts.

Fortunately after my collision, and even though I followed very little of my own advice, I was able to resolve my claim against the driver without having to file a lawsuit against the poor girl. I was able to repair the damage to my truck and we resolved the claim. However, before I was able to do so, I had to use many of the same lawyer skills I use in my own practice. I’m confident that even though the other driver rear ended me, her insurance company would not have resolved my claim if I wasn’t an attorney.

If insurance companies treated victims fairly, I’d be out of a job. Instead, our office has five attorneys. Each of us dedicate our practice to representing persons injured in car collisions. We turn away a high percentage of the cases we are asked to get involved with—we’re just too busy to take every case that comes in the door.

Insurance companies will not give you the benefit of the doubt. They will not offer to pay you a fair amount for your injuries. They will not treat you fairly. Under these circumstances, it’s important to protect yourself by following the steps above and doing what you can to make sure you’re not resolving your claim on their terms and giving up rights to pursue a claim.