You don’t have to be an unsafe driver to be involved in an accident. With 218,488 auto accidents reported between Kansas and Missouri in 2016, it’s only a matter of a speeding or distracted driver or even someone under the influence standing between you and an auto accident. Accidents, even minor ones, can be emotionally upsetting and stressful. Once you’ve been involved in an accident – even one that is not your fault – you’ll be dealing with insurance companies, damage and repairs to your vehicle and even potential injuries and time off work which can add a lot of stress in your life.
What happens when you’re in an accident?
After you’ve been in an accident, each insurance company has to complete a liability investigation to determine liability or fault. Through this process, they will speak with each driver, any witnesses, review any police reports or supporting documentation and then determine whether one driver is at fault or if there is shared liability. This will determine how much, if any, of your repair costs and injuries they will cover, or pay for.
What to do after an auto accident:
1) Call 911 – depending on your location and whether or not there are any injuries, an officer may or may not be dispatched.
2) If you are able, pull over to a safe place. Exchange names, phone numbers, year/makes/models of vehicles involved, any pre-existing damage on the vehicle and insurance information. Photos of the scene and resulting damage may prove to be helpful. Stick to the facts of what happened and do not admit fault or accept blame.
3) File a claim with each insurance company. If you choose to be represented by an attorney, provide your attorney’s contact information so the insurance company may work with you through your attorney and avoid any potential delays in the claim. Also, let them know if you will be seeking treatment or a medical evaluation.
4) Allow insurance companies to complete their liability investigations. If you are represented by an attorney, your attorney will help coordinate your portion of the investigation and gathering supporting documentation, paperwork for injuries, etc.
5) Once the insurance companies have determined who is at fault, the at-fault driver’s insurance company will coordinate repairs. If you have been injured, your attorney will help present your injury claim for payment as well.
Issues that can arrive after an accident:
As much as we’d like to believe the best in other people, it is not uncommon for drivers to change their version of what happened when speaking with their insurance company. Without substantiating proof such as a written/signed statement, police report, video recording of the accident or photographs from the scene, disputed statements may make it difficult for an insurance company to determine fault. You may find yourself in a position where there is a liability dispute (disagreement). You may also find yourself in a position where the other driver either didn’t have insurance active at the time of the accident or didn’t have enough insurance coverage to cover the extent of your vehicle repair cost or your personal injuries. In either of those cases, you may find yourself needing to legally pursue the at-fault driver without the help of their insurance company.
How an attorney can help you:
You may decide legal representation is a good idea for you if you or anyone in your vehicle was injured or sought any kind of treatment, such as a check-up, as a result of the accident. An attorney may also be helpful if you are dealing with an uninsured or underinsured driver, or if there is a dispute in liability. Your attorney would be your representation and help coordinate your statements to the insurance companies as well as any necessary documentation, claims paperwork, injury paperwork, and receipts, etc. Any time you’ve been in an accident, an attorney can help ease your peace of mind about the claims process.