What To Do If You’re in a Car Crash
Collect Information
- If possible, take pictures of the cars involved and the crash scene.
- If possible, write down contact information for everyone involved in the crash: name, address, phone number, and insurance information.
- If possible, write down contact information for every witness to the crash: name, address, and phone number.
- When you are able, write a thorough description of what happened.
Contact Your Insurance Company
- Know the difference between your insurance agent and an insurance adjuster. An insurance agent sells insurance coverage, but does not handle claims. Insurance adjusters work on claims processing. Different insurance adjusters will handle the collision coverage claims, no-fault benefit claims, and liability issues.
- Whether you are a driver, occupant, or pedestrian, if you have Michigan no-fault insurance, contact your insurance company to start a no-fault benefit claim. The insurance company will send you forms to complete and return.
- You may be contacted by an adjuster from the insurance company of another person involved in the crash. Consider consulting an attorney before discussing the crash or your injuries.
Contact an Attorney
- If you have questions about claims, contact a personal injury attorney.
- If you were driving in the scope of your employment, notify your employer to start the process to get worker’s compensation benefits. If you need help, contact an attorney with experience handling worker’s compensation claims.
- You may need to file for Social Security disability or veteran’s benefits. If you need help, contact an attorney with experience in those areas of law.
- Timing is important for all claims.
Document Evidence
- Take pictures of your injuries. Keep a journal describing how you feel physically and emotionally; how your life has changed; special events you missed; the effect of medications you take; your doctor appointments; and how your daily activities are restricted.
- If the car you were in has an event data recorder, aka an EDR or black box, it may be necessary to preserve the data before the car is salvaged.
- Make a list of friends, neighbors, co-workers, and relatives who can describe how your work and home life has been impacted. Write down what they say.
- Keep anything that is evidence for claims, including letters from insurance companies, medical bills and receipts, doctor restrictions, off work slips, and prescription records.
- Keep a log of crash related out of pocket expenses. Document the date it was paid, to whom, and what it was for. Save receipts.
- Keep a log of mileage to and from medical appointments, pharmacies, and therapies.
- Keep a log of time missed from work, doctor imposed work restrictions, and changes in work duties or pay rate. If you lose your job, document the date and reason.
- If you are self-employed, keep a log and receipts for items purchased to follow doctor restrictions, such as a wireless headset or sit/stand desk. Track any increase in the cost of doing business due to your injuries, such as hiring replacement workers.
Talk Carefully
- Cooperate with police investigations, the prosecutor’s office, your own insurance company, your doctors, and your attorney. Be clear and direct with them when speaking about the crash and your injuries.
- If an insurance adjuster contacts you, refer them to your attorney. If you do not have an attorney, be sure to understand who the adjuster represents.
- Remember: insurance companies are in the business to earn money, not pay it out.
- It helps to know your no-fault rights before discussing your injuries with your no-fault insurance adjuster.
- Be careful what information you share with friends and relatives, and be careful what you share or post about the crash, your injuries, and your recovery on social media.
- If you are asked to submit a victim impact statement to the prosecutor or victim services unit, review it with your attorney first.
Questions to Ask When Looking for a Personal Injury Lawyer
How long have you practiced law?
Experience is a factor when it comes to the intricacies of personal injury claims. Choose a firm that has experienced personal injury attorneys on its team.
What areas of law do you practice?
There are many different types of personal injury law – medical malpractice, auto crashes, worker’s compensation, Social Security disability, and more. Not every personal injury attorney practices every type of law. It is important that the attorneys you hire have experience with your type of claim or claims. It is best if you can find a law firm that can handle all of your claims arising out of an accident.
What are your fees?
With few exceptions, personal injury attorneys work under a contingency fee agreement, meaning that you will not pay an attorney fee unless money damages are recovered. Make sure you understand the fees and costs associated with your representation before signing an agreement.
Who is responsible for any case-related costs if we lose?
Michigan Court Rules dictate that the client is responsible for costs, win or lose. However, attorneys are not obligated to collect costs when the claim is not successful.
How long will it take to resolve my case?
- Every claim is different.
- Generally, a claim should not be resolved until the full impact of the injuries and damages is understood.
- Your attorney can only give you a rough estimate based on experience with similar claims. If a lawsuit is necessary, the court will dictate the timing.
How much is my case worth?
- Every case is different.
- Until the liability is analyzed, the full impact of the injuries and damages is understood, and the insurance coverage at issue is known, it is difficult to evaluate claim. An attorney can only give a rough estimate of value based on experience with similar claims.
Will my case go to trial?
- Most claims settle either before a lawsuit is filed or before a lawsuit goes to trial.
- It is important to know whether your attorney has experience handling cases similar to yours and is capable of handling a lawsuit through trial, if necessary.
Michigan’s Revised No-fault Insurance Act
Governor Gretchen Whitmer signed a new no-fault insurance bill into law in June 2019. Since then, attorneys, organizations, and insurance companies have raised several issues about the new law and its application. We are closely monitoring these issues. If you have questions about your personal insurance needs, contact an insurance agent for advice. If you have legal questions about no-fault insurance and injury claims, contact an experienced auto accident attorney. You can call us for a free consultation at 269-983-0561.