9 Steps to Take After Being Involved in a Car Accident
Being in a car accident is one of the worst things you can experience. Car accidents are always unexpected and frequently leave victims with injuries, damaged cars, and emotional trauma. The shock of being in an accident can also leave you feeling frantic and unsure of what to do. Today’s blog is all about providing you with a step-by-step guide to handling the aftermath of a car crash. Memorizing or writing down these steps will help you appropriately respond to a car accident. Step 1: Pull Over You should get your car out of the way of traffic as quickly as possible. You might already be in a good place, depending on where the accident occurs. It should be a safe, public area with good lighting where you can exchange information with the other driver(s) involved in the accident. If you can’t drive your car, try pushing it to a safe place. The sidewalk is better than leaving it in the middle of the road. But if even that is impossible, at least get yourself to safety. Step 2: Remember Everyone Else It’s easy to get lost in your own world when you’ve suffered a traumatic experience. But it’s essential to take care of your kids, elders, and any disabled passengers. Make sure they get to safety with you. If it’s a beautiful day outside, you can roll down the windows and leave everyone in the car if it’s safe to do so. For example, if your vehicle is on fire, it’s not safe for anyone to be in the car. If you need to get a young child out of the car quickly, lift out their car seat (with them in it). They could be injured, so keeping them stable in their car seat is important. If a paralyzed individual is with you, get their mobility device to them as quickly as possible and help them if they need it. Step 3: Call 9-1-1 Once you and your passengers are safe, you should call 9-1-1. It might seem over the top if the car accident is a fender bender, but you should still call the police. When you’re on the phone with the 9-1-1 operator, you’ll need to provide basic information, including who you are and where you are. Look for nearby street signs, house markers, highway exit signs, and mile markings to determine where you are. The police will respond to your call by coming to the accident scene and examining it. Law enforcement will assign fault (to either or both parties) and fill out an accident report. An ambulance will accompany the officers for anyone who might be injured. The ambulance typically comes whether or not you request one. Some injuries are apparent, but others aren’t. Emergency first responders will detect injuries, stabilize you, and safely transport you to the hospital if your injuries are severe enough. If the police can’t come to the accident scene for some reason, we highly recommend going to the nearest police station and filing a report. That report will help you with the claims process and protect you if the other driver sues you. Step 4: Don’t Admit Fault or Make Deals After calling the police, you’ll want to exchange information with the other driver. You should be fine doing this without the police, provided that the other driver isn’t angry with you. Be sure to get the other driver’s license number and car insurance information. You’ll also want to note their vehicle’s color, make, and model. Don’t accept any deals from the other driver–including cash offers. They might have compelling reasons, like telling you they’re underinsured or uninsured. But no matter what they say, you should insist on getting their insurance and ID information. You shouldn’t admit fault, either, even if you are to blame. Let your insurance company hash it out with the other driver’s insurance. Step 5: Take Lots of Photos Once you’ve exchanged information, you’ll want to collect all the proof. That means taking photos of the accident scene from every angle and position. You’ll want the images to show the accident from your perspective and theirs. Step 6: Seek Medical Attention You’re allowed to leave the accident scene once the drivers finish exchanging information and the police have filled out their report and dismissed you. The first stop you should make is your local urgent care. Tell them you’ve been in a car accident and ask for a physical examination. This quick stop at the doctor’s office will create a trail of evidence if you’ve sustained injuries. Receiving immediate medical care blocks the other driver’s insurance company from saying that your injuries are unrelated to the accident. This step is essential, even if first responders examined you at the accident scene. Of course, this step is unnecessary if you’re injured enough to be in the hospital. Step 7: File an Auto Insurance Claim If necessary, you’ll want to file an auto insurance claim. This could be with your insurance company or the other driver’s. While your medical care comes first, this should be your second priority. If you want to settle with the other driver, the insurance companies need to be involved. Filing an auto insurance claim involves providing the insurance company with the accident details. You can call the insurance company or file a claim through their website or mobile app. Step 8: Repairs and Recovery The insurance companies will assign fault, and you’ll get your vehicle repaired or replaced if the accident is too severe. If you live in a no-fault state, your insurance’s personal injury protection will cover you based on what coverage you selected when you signed up. If you live in an at-fault state, and the accident was the other driver’s fault, their insurance company will cover your repairs. If the accident were partially your fault, you would have to pay for some of your repairs. If it were entirely your fault, you’d be in charge of all of your
How Do You Prove Your Auto Accident Was Not Your Fault?
Being involved in an auto accident can be a very frightening and stressful experience, especially if the collision was not your fault. Establishing liability can sometimes be convoluted and complicated, but it will be much easier if you are prepared.
What is The Average Settlement for a Car Accident
If you’ve been in an accident, you may wonder if it’s worth it to contact a lawyer, and if you do, what does the average settlement look like? While there’s no one average compensation number, there are factors that give you an idea of how much you’re going to get back. So if you’ve been in a car accident, keep reading to learn more about your potential settlement. First Things First, Contact a Lawyer By working with a lawyer specializing in car accidents and personal injuries, you’ll likely receive higher compensation than if you are to represent yourself. Even if you feel like you remember everything about the accident very clearly, lawyers are professionals that will bring up information during negotiations that you could miss. Remember, it’s the insurance company’s goal to offer you the lowest amount possible as compensation. However, a car accident lawyer’s job is the exact opposite. To maximize your settlement, a claim through insurance typically won’t cut it. A lawyer can help you navigate the documentation you should provide and persuade the insurance company to look into the matter further. While launching an investigation or possibly even taking the case to court can sound like a time investment, you’ll find that hiring a lawyer for a more reasonable settlement is well worth it in the long run. What to Expect From Your Settlement There are many factors an insurance company or judge will take into account when determining the amount for compensation. According to All Law, damage calculations are often based on the following criteria: Medical treatment – bills, liens, and expenses related to the medical treatment you received for your injuries Pain and suffering – mental and emotional damage Lost Wages – income you have already lost due to your injuries Future lost income – income you will lose in the future due to your injuries Property Damages – damage to your vehicle How an Insurance Company Calculates Your Settlement As we said, there is no average settlement, but many insurance companies abide by the “multiplier rule” to settle on what they believe to be fair compensation. Here’s how the “rule” or “formula” is applied: Total up the number of claimants’ bills for property damages and medical treatment, often referred to as “special damages.” Multiplies that amount by a number (usually between 1-5) to arrive at the value of the claimant’s pain and suffering and other non-financial losses. This number is referred to as “general damages.” Adds the total of the medical treatment bills to the general damages number, then adds in and lost wages (past and future) and property damages to arrive at the total amount of what your settlement is worth to the insurance company. Here’s an example of the formula: The total amount of medical treatment and property damage – $2,000 Multiply the $2,000 by what the insurance company picks at the multiplier, for this case, let’s use 3, toget $6,000. We’ll assume lost wages come to a total of $1,000. So, $2,000 + $6,000 + $1,000 = $9,000. In this case, $9,000 would be what the insurance company sees as fair. However, they aren’t likely to offer you that full amount as the first offer. According to Injury Claim Coach, the insurance company has claims adjusters that “are trained to do everything possible to minimize settlement payouts.” Talk to One of Our Car Accident Lawyers at Flickinger Sutterfield & Boulton At Flickinger Sutterfield and Boulton, we’ll help you calculate your average settlement and help you fight for fair compensation. Our team has over 25 years of experience assisting Utah citizens to recover financially after a car accident occurs. Give us a call today to get in touch with a car accident lawyer that will be by your side every step of the way. We have offices throughout Utah, including Provo, Orem, Saratoga Springs, and West Jordan.
What Are My Rights After A Car Accident?
After a car collision, various factors can threaten your legal rights. It’s crucial to protect your rights, especially if a negligent driver caused the accident; otherwise, you might miss out on the compensation you’re legally entitled to receive. Discover more information on negligence below. What is a Negligent Driver? Every individual on the road has a duty of care to avoid injuring other drivers, motorists, and pedestrians. When a driver is negligent, it means they have behaved in a careless manner, which has caused harm or injury to another person. A driver might be found negligent if they harm someone by doing an illegal act, such as speeding near a school zone or running a red light. Here is a list of actions you need to take to secure your rights following an accident. Put Yourself First After an accident, an at-fault driver may try to persuade you not to call the police and tell you that you can both resolve the aftermath without involving other parties. However, drivers who are opposed to police involvement are generally guilty. For instance, they may be underinsured, have an expired driver’s license, or have similar infractions on their record that they don’t want police digging up. Your main priority should be protecting your rights after an accident by contacting the police, even if the other driver urges you to avoid it. Besides, in many states, you’re legally required to involve them after a collision. Once you report the accident, an officer will create an accident report detailing the events, which creates a paper trail of the events. Keep in mind that you will need this report if you proceed to file a personal injury claim for damages. Capture Photographic Proof Use your phone’s camera to take pictures of the following: Vehicle damage The scene of the accident, including the locations of vehicles involved, nearby landmarks, and every detail of the accident Your injuries, as well as your passenger’s injuries Ensure you can easily reference the date you took these photos. Although most people own a phone with a camera, there’s a possibility it can run out of battery when you need it most. If this happens to you, ask witnesses to take pictures and to send them to you. Jot Down Everything We recommend you keep a notebook of everything about the accident. Take notes on the following: The full names and contact information of all parties involved in the accident, including passengers Every conversation you have with the other driver or their insurance company. Include the dates and times of every conversation The state of your injuries, including how your pain improves or progresses over time Anything else that comes to mind that may impact your claim. Flickinger Sutterfield & Boulton is Here for You Car accidents are never easy to cope with, and mentally and physically recovering can take months. Sadly, remembering your rights while you’re in a state of shock can be difficult. The experienced personal injury attorneys at Flickinger Sutterfield & Boulton can help you receive damages from the negligent driver. We have offices in Utah County and West Jordan. Schedule your free case evaluation today.
What Should You NOT Do After a Car Accident?
[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”]At the time of your car accident, you were likely panicked about what might happen next. You may have wondered the following: Is the other driver injured? Whose fault was it? Will my insurance cover the damage? Although it’s not easy to compose yourself after an accident, you need to stay level-headed as best you can. Continue reading to learn about the emotional effects of a car accident. Car Collisions Are Emotionally Taxing After an accident, it’s natural to grapple with anger, stress, anxiety, or even depression. Although you need time to grieve, you also need to prepare for what’s to come. You will need to determine fault, contact your insurance company, file a police report, and you may have to seek medical treatment. Take a deep breath and approach the incident with clarity. Whatever the circumstance, here are three actions you should avoid after an accident. 1. Failing to Involve the Police Many drivers underestimate the importance of calling the police after an accident, especially if it was minor. No matter how an accident unfolds, it’s crucial to file a police report to avoid drawn-out, “he said, she said” stories in the future. Filing a report will speed up the claims process and create a paper trail in the case of long-term injury, or if you need to resolve automobile troubles. 2. Admitting Fault Admitting fault to the other party’s insurance company automatically puts you and your insurance company at a disadvantage. While you may be tempted to declare the crash was your fault to get the aftermath over with—even if you didn’t do anything wrong—you must remember assigning fault isn’t your responsibility. Let law enforcement and any lawyers who may handle this case determine the facts. 3. Denying Injuries Just because you feel fine after an accident doesn’t mean you’re not injured. You may experience a soft tissue injury, which refers to muscle, tendon, and ligament damage. Unlike a bone fracture, soft tissue damage can take days, or even weeks, to manifest; this typically results in pain, swelling, and reduced mobility. Unfortunately, this type of injury doesn’t show up on X-rays, making them more challenging to diagnose and document. Furthermore, adrenaline rushes (which are common after car collisions) can mask major and minor injuries. If you insist on avoiding medical treatment, you may not be able to receive personal injury compensation from the at-fault party if you develop injuries weeks later. Your safest bet is to pursue prompt examination, even if you’re not experiencing discomfort, as this is the only way to prove your injuries are the result of the accident. Contact Flickinger Sutterfield & Boulton If you or a loved one has been injured due to another driver’s negligence, Flickinger Sutterfield & Boulton is here to help. We understand stress, anger, and confusion almost always accompany a car collision. When you work with us, we will be your advocate and use our experience to ensure you receive the compensation you deserve. We have offices throughout Utah County, as well as West Jordan. Schedule your free case evaluation today. [/et_pb_text][/et_pb_column] [/et_pb_row] [/et_pb_section]
What Happens If You Don’t Report An Accident Within 24 Hours?
After a car accident, medical attention should be your top priority if you or your passengers end up with serious injuries. However, you also need to think about how much time you have to report the accident so you can file a lawsuit. Learn about the importance of reporting an accident promptly. The Importance of Reporting a Car Accident You may be in situations where you don’t want to report the accident at all, such as if a repair is estimated to cost less than your insurance deductible, but those times are few and far between. Generally, you should report it as soon as possible, and you can even try at the scene of the accident to ensure accuracy in your description. Continue reading to learn more about how reporting an accident fast can help you receive compensation for any physical injuries. Rules to Reporting an Accident The rules surrounding a car accident report largely depend on your insurance company and policy. Additionally, you will need to research your state’s laws and limits, which are known as a statute of limitations. A statute of limitations is a law that sets the maximum amount of time the parties involved have to initiate legal proceedings from the date of an alleged crime. This means you can ask your state’s civil court for a remedy within a reasonable timeframe. Each state has two different time limits: one for bodily injury claims, and the other for property, collision, and comprehensive claims. For instance, in Utah, a victim has four years to file a personal injury claim, and three years to file a property damage claim. In the context of a car collision, any injury claim filed by a driver, passenger, bicyclist, motorcyclist, a scooter rider, or pedestrian are subject to this deadline. The clock starts ticking the day of the accident. Depending on the relevant deadline, if you attempt to file a lawsuit after the statute of limitations has expired, the defendant (the person you’re trying to sue) will ask the court to dismiss the case. A judge will grant the motion, and your case will go cold. Once a judge dismisses your case, you won’t be able to file a lawsuit, so you must act immediately and file a report hours after an accident. Six Steps to Filing a Claim The whole point of filing a claim after an accident is to help alleviate costs, so make sure you’re thorough with your notes. Here are six steps you should follow after an accident to make the claim process go smoothly: Step 1: When you report the accident, make sure you get the officer’s information and police report number. Step 2: Write down the contact information for everyone involved in the accident, which includes witnesses. Step 3: Note the make and model of all other cars involved. Step 4: Take multiple pictures of the damage. Step 5: Report the accident to your insurance company immediately. Most companies have an app that allows you to report a claim from your phone. Step 6: Make several copies of all the documents. Contact Flickinger Sutterfield & Boulton The sooner you report an accident, the faster you can file a lawsuit against a negligent driver if you’ve suffered physical injuries. An experienced personal injury attorney can help you receive the compensation you deserve. Contact Flickinger Sutterfield & Boulton today for your free case evaluation.
Can a Minor Car Accident Cause Injury
Most automobile accidents are low impact, but in some cases, the occupants may experience neck and back pain days after the crash. Unfortunately, many victims trick themselves into thinking their pain isn’t worth looking into because the accident was minor. It would be best if you didn’t ignore your pain since even minor injuries can result in complications—especially with concussions. Getting to a doctor may prevent further damage. In today’s blog, we will discuss injuries that can result from a minor car collision. Whiplash Whiplash is a neck injury due to the rapid back-and-forth movement of the neck. It can result from a sports accident, but it most often occurs after a rear-end auto accident. It only takes a few seconds for whiplash to transpire. Whiplash can occur at speeds as low as five miles per hour. The National Center for Biotechnology Information finds that the limit of harmlessness for whiplash in a minor car accident begins at approximately 6.2 miles per hour. Even at low speeds, whiplash can cause the following symptoms: Reduced range of motion Headaches Neck pain Back pain Soreness all over your body Confusion, memory loss, and other cognitive issues Unfortunately, these symptoms may interfere with a victim’s ability to go to school or work. They may require hospitalization, follow-up medical care with a physician, physical therapy, medication, and rehabilitative care; the costs can quickly rack up. Traumatic Brain Injury Traumatic brain injury (TBI) is brain damage as a result of a blow or jolt to the head. The most common cause of this damage is car crashes and motorcycle accidents. Injuries range from mild brain concussion to permanent brain damage. Treatment for mild TBI includes rest and medication, whereas severe TBI may require life-saving surgery. Victims potentially face long-lasting effects in their physical and mental abilities. Additionally, they may develop emotional instability and a volatile personality. Most survivors require rehabilitation to recover and relearn skills. It’s classified according to the severity of the injury: Mild TBI: A victim is diagnosed with mild TBI if they remain awake and can open their eyes. Symptoms include confusion, memory loss, disorientation, headache, and temporary loss of consciousness. Moderate TBI: A victim is diagnosed with moderate TBI if they’re lethargic, and their eyes open in response to stimulation. Loss of consciousness lasts between 20 minutes to six hours. They may experience brain swelling or bleeding. Severe TBI: A victim is diagnosed with severe TBI if they’re unconscious, and their eyes won’t open, even with stimulation. Loss of consciousness will last more than six hours. Emotional Distress Injuries aren’t solely physical, and mental health is equally as important as physical health. Serious car crashes can leave victims with emotional scars or PTSD. Children who witnessed the car accident are the most prone to emotional distress, and they may be too afraid to go for a ride after a collision. If you’re experiencing trauma as a result of an accident, you should consider taking a break from driving until you work through it with a therapist. Contact Flickinger Sutterfield & Boulton If you or a loved one were recently injured in a car or motorcycle accident, you could work with a personal injury attorney to receive the compensation you deserve. Flickinger Sutterfield & Boulton is here to help you hold the negligent driver accountable while you recover from the accident. Schedule your free case evaluation today.
Utah’s Auto Accident Statute of Limitations
If you were recently involved in a car accident that left you with injuries or significant vehicle damage, it’s in your best interest to seek compensation. To hold a negligent driver accountable in court, you need to know your state’s statute of limitations. These limitations can be complicated to grasp because they vary by state. Continue reading to learn about Utah’s automobile accident statute of limitations. Understanding Statutes of Limitations A statute of limitations is a law that forbids prosecutors from charging someone with a crime committed several years ago. The main purpose of these limitations is to ensure convictions are based on evidence that hasn’t deteriorated over time, such as physical proof or eyewitness accounts. After this time is up, you can no longer take the crime to court, making the accused person free. Usually, a prosecutor’s clock begins to tick only if the accused person remains in the state. If the individual goes into hiding, the clock will toll, which means it’s on pause. It resumes when the suspected person reenters the state. Tolling prevents criminals from avoiding consequences by hiding from authorities. Other circumstances can also justify tolling, such as when an accused person attempts to conceal a crime. Not all crimes are protected by this statute. For example, it doesn’t protect murder, and a murderer can be brought to justice decades later. Other states have no time limits for sex crimes or terrorism charges. Automobile Accident Statute of Limitations The chaotic days after a car accident are filled with doctors’ appointments, physical therapy sessions, and making numerous phone calls. Behind all of that is the silent tolling of your state’s statute of limitations. In most cases, the clock starts ticking from the day of the injury, or when the plaintiff should have reasonably known of their injuries or vehicle damage. In Utah, you have four years to ask the state’s civil court system for a remedy when it comes to car accidents. Any injury-related lawsuit by a driver, passenger, motorcycle rider, bicyclist, or pedestrian is subject to this deadline, and the clock starts ticking on the day of the accident. If you experienced vehicle or property damage as a result of an accident, you can file a lawsuit within three years of the date of the accident. However, if someone died as a result of the accident, there’s a two-year statute of limitations deadline to file a wrongful death claim; the deceased person’s family or representatives can file it. The clock starts running on the date of the victim’s death, as opposed to the date of the accident. If you attempt to file a lawsuit after the applicable time limit passes, the person you’re trying to sue can point it out to a judge as part of a motion to get the charges dismissed. Contact Flickinger Sutterfield & Boulton If you want to receive damages, don’t wait until it’s too late to act. Hold the negligent driver accountable by working with a personal injury attorney. Schedule your free case evaluation with Flickinger Sutterfield & Boulton today.