Unfortunately, car accidents happen all the time and they can even happen to the best and most careful drivers. However, according to attorney Stuart Carpey, “no matter how emotional you are it’s best not to say too much at the accident scene.” Carpey advises that, after a rear-end car accident, there are things you can and should do 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,” says Carpey.
Next, it is very important to call the police, he says. Then wait for the police or, if you can’t, then make sure you speak to the police as soon as possible following the car accident.
It is also important to exchange information with the other driver and 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,” advises Carpey. “If there are any witnesses to the accident, get their names, phone numbers and addresses as well.”
Carpey says that you also need to report the car accident to your insurance company as soon as you reasonably can. “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, says Carpey, an insurance policy simply states that you must give them notice of the accident as soon as possible after the accident. However, according to Carpey, your insurance company does not necessarily have your best interest in mind. “They have their own best interest in mind.” Accordingly, he insists that “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.”
What if an insurance adjuster calls you after an accident? Carpey says you can talk to him or her, but he doesn’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.” Further, some insurance companies will try to pressure you into settling your case early in the claim process, he says. “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, Carpey advises. “Simply put, the other driver’s insurance company is not entitled to a release from you for your medical records.” Although your own insurance company may be entitled to a release for your medical records so that they can pay your medical bills, he recommends that you speak to a qualified car accident 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.”
Finally, Carpey recommends that you learn what damages and injuries you have sustained in the car accident. Of course, you may not know what they are in the very beginning, acknowledges Carpey, and, for this reason, “you should seek medical care as soon as possible.” He says that you should tell your doctor what your injuries are, “but do not exaggerate. Pain and suffering is one of the main elements of damages in any personal injury case.” Also, keep records of all of your medical bills, and of the expenses you spent going back and forth to the doctors, including 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.”
Carpey’s article can be read in full here.
If you have been involved in a rear-end car accident, as Carpey recommends, you should contact a specialized Michigan car accident attorney as soon as possible, if not immediately. Only an expert Michigan car accident lawyer can advise you on the proper steps to take after you have been injured in a car accident in Michigan. Click here to set up a free legal consultation with one of Michigan’s top car accident law firms.
