If you’ve been in a traffic accident, those first few moments after the incident can lead to a lot of confusion. Your pulse is racing, you may be confused — or even injured. In the aftermath, it can be difficult to make decisions. Here are the steps the Wisconsin Association for Justice recommends you follow if you’ve been involved in a vehicular accident.
At the Scene
- Don’t leave the scene of the accident. Wisconsin law requires drivers involved in an accident that causes property damage, injury or death to remain on the scene.
- Help injured people, but do not move them unless it is absolutely necessary or you are trained to provide emergency care.
- Warn other drivers by turning on your flashing lights. If it’s dark, use a flashlight, reflectors or flares to warn traffic away from the scene. If it does not impede traffic, or cause a dangerous situation, leave the vehicles where they came to rest after the crash.
- Call the police. Even if there doesn’t appear to be any injuries, it is best to call law enforcement. Injuries may not always be evident at first, but could appear at a later time. It’s best that an officer be present to investigate the scene to ensure your rights are protected.
- It’s best to only speak with the police officer about the incident, not others at the scene. Relay the facts simply and clearly.
- Report even the slightest physical discomforts to the officer at the scene. Tightness, slight aches or pain may turn into more within 24 hours, so it is best to have documentation at the onset.
- Obtain the other driver’s name, address, license plate number — it is required by law. It’s also best to obtain the name of the other person’s insurance company/agent.
- If there are witnesses, collect their name, address and phone number.
- If the police officer does not complete an accident report, you can complete a “Driver’s Report of Accident” form within 10 days of the incident.
- Do not comment on who is at fault and do not admit guilt. Before making any admissions or statements, contact an attorney who handles accident cases.
After the Accident
- Be certain to contact an attorney who handles accident cases to ensure your rights are protected. Most attorneys will review your claim for free. Before you speak to representatives (including claims adjusters) from your insurance company or the other driver’s insurance company it is important that you speak with an attorney.
- Visit a physician to be certain you are not injured and receive proper medical treatment in the event you are injured. Remember, injuries from an accident may not show up immediately and those that do occur could have long-term consequences.
- Obtain a copy of the accident report. These are generally available a few days after the incident.
- Provide the Department of Transportation with the information they request such as proof of financial responsibility and insurance. If you do not have automobile insurance, you would be personally responsible for damages caused by the accident, so be certain you do have the minimum coverage required by law.
- Be prompt about reporting the accident to your automobile insurance company, but speak with an attorney before you do so. In addition, if you have medical or disability coverage, you should report the accident and injuries to those companies as well.
- Do not make any payments to the other party. It is the responsibility of your insurance company to handle payments.
When you choose an attorney, be certain to select someone with extensive experience in vehicular accidents and be certain you avoid choosing someone who wants to rush you into settling a case. It is important that you understand the complete extent of your injuries and how they will affect you and your lifestyle before you consider a settlement — this could take months or years. Remember this: once a claim is settled, it cannot be reopened. Under Wisconsin law, you have three years from the date of an accident to file a claim for an injury or death — so don’t rush the process until you and your physician understand the long-term consequences of your injuries to ensure you are fairly compensated.
If you have further questions, please contact us. We will review your claim free of charge in order to be certain your rights are protected and you are justly compensated.
