An estimated 43% of car accidents result in injuries, and this leads to the question, do you know what to do if you’re injured in a car accident?
Some steps are pretty obvious, like seeking medical treatment for your injuries. Other steps may not be as obvious, but they can make a difference when it’s time to file a personal injury claim.
Skipping a step or two may not affect your ability to file a claim, but it can make it harder to receive fair compensation. Nevada has some specific guidelines accident victims should follow to help ensure the claim process moves along without any hiccups.
Steps to Take After a Car Accident with Injuries
While every vehicle accident is different, the steps you take immediately after the collision can make a difference when it’s time to file a claim.
Don’t Leave the Accident
You should always remain on the scene after being involved in an auto accident, even if injuries aren’t present. Nevada law gives you ten days to report a vehicle accident as long as the wreck doesn’t result in injuries or fatalities.
If you or someone else is injured, you must remain at the scene. You can’t drive off and report the incident at a later date. If you do leave, you can be charged with a Class B felony. Fines, vehicle impoundment, and even prison are potential penalties for leaving the scene of an accident.
Filing a personal injury claim from jail is difficult, and you may also be giving up your right to receive compensation for your damages.
Along with assessing yourself for injuries, go ahead and check everyone else. This way, you’ll have more information to give the emergency operator when reporting the accident. The emergency operator will know if you need both an ambulance and the police.
Move to a Safe Area, if Possible
Some accidents occur in the middle of the street, so if the involved vehicles are blocking a lane, entrance, or exit ramp, try to move to a safe area like the side of the road or a nearby parking lot.
If the vehicles are inoperable, stay in your cars. Don’t get out and wander around. You may only be placing yourself and others at additional risk. The last thing you want is to be hit by a passing motorist after being involved in an accident.
If you’re moving to a safer location, let the 9-1-1 operator know. This way, the responding authorities can easily find you.
Take Down Vehicle Information
You probably don’t even need to get out of your car to see the other involved vehicles. Grab your cell phone or go old school with pen and paper.
Write down as much information about the other involved vehicles as possible, which includes the vehicle’s make, model, and color. If you can see the license plate, go ahead and get this information. If your injuries are too severe, don’t worry. Your accident report will include the same information.
Getting this information at the accident scene makes it easier to start working on the claim process while you wait for your accident report. Most vehicle accident reports are ready for pickup after about ten business days. You can head down to your local police department or request a copy online.
Get Contact Information From Any Witnesses
Yes, this information will also be included in your police report. However, getting contact information from any witnesses makes it easier to start collecting evidence to support your accident claim. The insurance adjuster will want to talk to any witnesses to ensure your account of the accident is correct.
While there’s nothing wrong with exchanging a few pleasantries with witnesses, don’t discuss any accident details. Remember, the insurance company will be talking to the same witnesses, and you don’t want your statements to be used against you.
Since Nevada is an at-fault state, blame is only assigned to one driver. This often means the defendant’s insurance company will try to discredit your accident claim, so be careful what you say about the accident.
Never Apologize
Living in a polite society often means uttering apologies even when something isn’t your fault. This can be especially true after a vehicle accident. However, this is the last thing you want to do. After being in an auto accident, forget everything you learned about being polite.
Keep your conversations with others to a minimum, at least until you consult with an experienced personal injury attorney. Don’t even offer an apology to the responding authorities; you never know who the insurance company may talk to during the claim process.
Saying you’re sorry can be misconstrued as an admission of guilt. Even if the accident report clearly states you’re not the at-fault driver, the insurance company can still use your apology to reduce the value of your injury claim.
Don’t Admit You’re Not Injured
You may only feel a little shaken immediately after a vehicle accident. After a day or so, some bruising and aches may appear.
You may think you’re perfectly fine, until a week or so later when you’re minor ache becomes a throbbing pain. Some injuries take a while to begin showing signs and symptoms; soft tissue injuries are a good example of this.
If you state you’re perfectly okay at the accident scene, it can be difficult to convince the insurance company you sustained injuries. Your medical records can help support your injury claim, but the insurance company is still going to try to reduce your settlement amount.
Consult with an Attorney After Being Injured in an Auto Accident
Before you start calculating your damages and contact the insurance company, schedule a consultation with an accident attorney.
Your attorney can walk you through the often complicated claim process and ensure you have the necessary supporting evidence. As the plaintiff, it’s up to you to prove the other driver’s actions are responsible for your damages.
If you missed one of the above steps, your attorney can help ensure it doesn’t negatively impact the value of your personal injury claim.