Been in a car accident? You’re not alone. As recent data from the National Highway Traffic Safety Administration shows, more than 2.38 million people were injured in motor vehicle accidents in 2022. The right to know your rights in the aftermath of an accident is vital to ensure your safety and that you get your due damages.
Inside This Guide:
- Learning Your Legal Rights In Case of Accident Immediately
- How You Should Know Your Rights: Basic Rules to Keep You Safe.
- Common Insurance Company Tactics
- When to Seek Legal Help
- You Could Have A Right To Get Paid What?
What to Do If You Have Been In An Accident?
These are the confusing first few hours after a car accident. But there are certain rights that can guard you at this vulnerable point. Whether you were the victim of an accident or a crash in your home, an experienced car accident lawyer in National City will be able to ensure these rights are upheld right from the beginning.
The first thing to know is that you deserve:
- Seek immediate medical attention
- Not provide evidence to other motorists’ insurers
- Find evidence on the scene
- File a police report
- Always talk to an attorney before taking any action
The National Highway Traffic Safety Administration has a record of 5.93 million police-reported traffic accidents in 2022. This is a stat that shows you just how widespread these events are and why you should know your rights.
The Most Important Things You Need to Know To Protect Your Rights
These are the key steps you can take to ensure you retain your rights after an accident:
Document Everything
- Photograph all the vehicles.
- Gather witness phone numbers.
- Document hospitalizations and treatment.
- Save all accident-related expenses.
Watch What You Say
- Avoid admitting fault.
- Do not blame the accident.
- Talk about the event strictly in terms of facts.
- Address insurance companies to your lawyer.
Seek Medical Attention
- Get tested, even if you feel well.
- Follow all doctor recommendations.
- Document treatments in great detail.
- Record all symptoms and pain levels.
Preserve Evidence
- Keep your damaged vehicle
- Save all accident-related documents
- Snapshots of your injuries
- Write down pain notes every day
The significance of evidence preservation cannot be overemphasized. Car miles moved by 2.0% and totaled 3,196 billion in 2022; more crashes were reported, and documentation is critical. You may be your evidence that is the difference between being properly compensated and struggling with escalating medical bills.
Common Insurance Company Tactics
Insurance companies are firms, and they have one thing in mind — reduce claims. Keep an eye out for these usual scams they’ll pull:
Quick Settlement Offers
- Getting your cash in a hurry before you know how badly hurt someone is.
- Pushing you to sign before calling an attorney.
- Smugly minimizing your injuries.
- Promises that don’t come to be.
Recorded Statements
- Asking for recorded interviews early on in the process.
- Repetition of your words without reference.
- Getting specific with your injuries.
- Aiming to prove part responsibility on your end.
Social Media Monitoring
- Watching your online activities
- Seeking links that are counter to your claims of injuries
- Monitoring your physical activities
- Using pictures or comments against your case
This translates into a mortality rate of 1.33 per 100 million vehicle miles driven in 2022, a slight decrease from years past. But this statistic highlights how accidents are taken seriously by insurance companies – and should be to you.
When to Get Legal Help
Your case can greatly depend on when you hire legal representation. Consider seeking legal help if:
Your Injuries Are Serious
- Requiring ongoing medical treatment
- Costing you work time
- Causing permanent disability
- Affecting your life quality
Liability Is Disputed
- Multiple parties are involved
- The other driver blames himself
- There are conflicting accounts
- Insurance firms are swaying blame
Insurance Companies Are Difficult
- Denying legitimate claims
- Making unreasonably low offers
- Delaying the claims process
- Acting in bad faith
Complex Circumstances Exist
- Commercial vehicles are involved
- Government entities are liable
- Multiple insurance policies apply
- Wrongful death occurred
If 42,514 people perished in motor vehicle crashes in 2022, or 12.8 deaths per 100,000 population, the need for legal representation can’t be overemphasized. The proper legal advice can get complicated cases to fair settlements.
Compensation You Might Be Entitled to.
By learning what forms of damages are available, you can make better choices for your case. You may be entitled to:
Medical Expenses
- Past and present medical bills
- Rehabilitation costs
- Prescription medications
- Medical equipment and supplies
Lost Income
- Missed work wages
- Lost earning capacity
- Lost business opportunities
- Lost benefits and bonuses
Pain and Suffering
- Physical pain and discomfort
- Emotional distress
- Mental anguish
- Loss of pleasure of living
Property Damage
- Vehicle repairs or replacement
- Personal belongings that are destroyed in the crash
- Rental car expenses
- Towing and storage fees
Most recently, according to statistics from recent reports, the estimated total of police-reported traffic accidents decreased by 2.8%, from 6.10 million in 2021 to 5.93 million in 2022. However, that does not mean it is less important to learn your rights to be compensated after an accident. Each case is special and needs to be reviewed so all injuries are fully compensated.
Limitations and Legal Dates.
This is important to know about the time limits to make a claim. If you miss these deadlines, you might not get paid:
Statute of Limitations
- Varies by state
- Between 1-4 years usually
- Commences with an accident date
- Has exceptions for some scenarios
Insurance Claim Deadlines
- Often require prompt notification
- It can have particular filing cycles
- Potentially refuse lawsuits in excess of 90 days old
- Subject to vary by company and policy
Evidence Preservation
- Document injuries immediately
- Snapshots before repairs can be done
- Get witness statements, as memories are new
- Inquire for police reports ASAP
The estimated number of people injured in motor vehicle traffic collisions declined by 4.6%, from 2.50 million in 2021 to 2.38 million in 2022. This high rate of injury means it is critical to get on the ball immediately – you might be denied fair compensation if you wait.
5 Ways to Get it Right in Your Case
To get the best possible chance of a positive result:
Act Quickly
- Seek immediate medical attention
- Report the car accident promptly
- Contact an attorney early
- Preserve all evidence
Stay Organized
- Keep all medical records
- Document all expenses
- Save all correspondence
- Maintain an car accident diary
Be Strategic
- Follow medical advice strictly
- Don’t discuss the case on social media
- All communication must go through your lawyer
- Be alert to all deadlines
Know Your Rights
- Understand your insurance coverage
- Know what compensation you have, right?
- Understand deadlines in the law
- Never jump on pre-settlement deals without first reviewing them