Avoid mistakes that ruin personal injury claims. Learn essential steps to take at the scene, how to handle insurance adjusters, and when to call a lawyer.
The moments following a car accident are chaotic, but they are also the most critical for your future legal claim. Insurance companies are not your friends; they are businesses looking to minimize payouts. To protect your rights and maximize your recovery, follow this battle-tested legal checklist.
1. Prioritize Immediate Safety and Medical Care
Before worrying about the car, check for injuries. Call 911 immediately. Even if you feel "fine," adrenaline often masks internal injuries or whiplash. Seeking medical attention within 24 hours creates a vital paper trail that links your injuries directly to the accident.
2. Document the Scene Like a Pro
In the eyes of a jury or an insurance adjuster, photos are objective truth. Use your phone to capture:
- Damage to all vehicles from multiple angles.
- Skid marks, broken glass, or debris.
- Traffic signs, signals, and road conditions.
- The position of the cars relative to the lanes.
3. Exchange Information (But Say Nothing Else)
Exchange names, insurance details, and contact info with the other driver. Crucial Tip: Do not apologize. A simple "I'm sorry" can be legally interpreted as an admission of fault, even if you were just being polite.
4. Secure Witness Statements
Neutral third parties are gold for personal injury cases. If anyone stopped to help, ask for their name and phone number. Their testimony can debunk the "he-said, she-said" narrative insurance companies love to build.
5. Be Wary of the "Quick Settlement"
You may receive a call from the other driver's insurance company within days, offering a check. Do not sign anything. These early offers are almost always lowball figures designed to make you waive your right to sue before the full extent of your medical bills is known.
6. Track Your Damages
Start a folder. Keep every receipt, medical bill, and record of missed work days. Additionally, keep a "pain journal" to document how the injuries affect your daily life—this is essential for calculating non-economic damages (pain and suffering).
7. Consult a Personal Injury Specialist
Personal injury law is a chess match. An experienced attorney knows the moves the insurance companies will make before they make them. Most firms operate on a contingency fee basis, meaning you pay nothing unless they win your case.
Mariel Tollinchi, Esq.
Managing Partner at Tollinchi Law
With years of experience fighting for injury victims across Florida, Mariel is dedicated to helping families get the compensation they deserve.
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If you've been injured, contact us for a free consultation.