Car accidents can be disorienting and stressful, leaving those involved unsure of their next steps. One important aspect to understand is your legal rights following a car accident. Our friends from Cohen & Cohen offer a variety of tips below to help handle the challenging aftermath of a car accident.
Immediate Steps Post-Accident
The first thing to do after a car accident is to ensure everyone’s safety. Call emergency services if anyone is injured and move to a safe location. Once immediate concerns are addressed, it’s important to document the scene. Take photos of the damage, gather witness information, and exchange details with the other driver(s) involved. This evidence can be invaluable when making insurance claims or in legal proceedings.
Right to Medical Attention
Regardless of the accident’s severity, seeking medical attention promptly is crucial. Some injuries might not be immediately apparent. Medical records will also serve as essential evidence if you decide to pursue a personal injury claim. You are entitled to compensation for medical expenses related to the accident, including future treatments if long-term care is needed.
Filing an Insurance Claim
One of the primary entitlements after a car accident is the right to file an insurance claim. This should be done as soon as possible. Your insurance policy may cover vehicle repairs, medical expenses, and other costs. It’s important to understand your policy’s specifics, such as coverage limits and any deductibles.
Right to Legal Representation
You have the right to seek legal counsel after a car accident. A lawyer specializing in personal injury or car accidents can help you manage the complexities of insurance claims and legal procedures. They can also represent you in court if necessary. Legal representation ensures that your interests are protected and can significantly increase the likelihood of a favorable outcome.
Compensation for Damages
If the accident was caused by another party’s negligence, you can seek compensation for various damages. These may include:
- Medical Expenses: Costs for immediate and ongoing medical care.
- Lost Wages: Compensation for income lost due to inability to work.
- Property Damage: Costs to repair or replace your vehicle.
- Pain and Suffering: Compensation for physical pain and emotional distress.
Dealing with Insurance Companies
Insurance companies may attempt to minimize payouts. It’s important to be cautious when dealing with them. Never admit fault, as this can affect your claim. Provide accurate information and stick to the facts. Having legal representation can be beneficial when negotiating with insurance adjusters to ensure you receive fair compensation.
Statute of Limitations
Be aware of the statute of limitations for filing a lawsuit after a car accident, which varies by state. This is the period within which you must file your claim, typically one to six years. Failing to file within this timeframe can result in losing your right to seek compensation.
Knowing your rights following a car accident empowers you to take the necessary steps. Consulting with a car accident lawyer can help you understand these rights and secure the compensation and support you need during a challenging time.