Each year, more than six million people get into a car accident in the United States. While the number of fatalities from car accidents has continued to decrease, even a non-fatal accident has the potential to turn life on its head in an instant.
Along with good, defensive driving habits, it’s important to be prepared if and when you find yourself in a car crash. The question is, what does it mean to be prepared?
Even car gurus and auto aficionados don’t necessarily know what it takes to navigate a car accident correctly. There are safety, health, and legal factors to consider. You want to be ready to assess and take action with confidence.
That was the topic on a recent episode of the DK Law podcast titled “What Car Guys Get Wrong About Accidents.” In the episode, host Daniel Kim (i.e., DK) sat down with three car enthusiasts and influencers. Together, they shared harrowing stories from their time on the road, analyzed close calls and in the process, uncovered some hidden gems and no-nonsense legal advice that everyone should be aware of if they find themselves in an accident.
Health Is Always Your First Priority
Probably the most important takeaway that Kim shared was a clear call to think big-picture health and safety during an accident. “Some people think,” he said, “I don’t have any injuries. And so, I think I’m ok.”
Kim warned that things like adrenaline can mask serious injuries, like a herniated disc. Even what appears to be a minor accident can lead to delayed symptoms, severe pain and hefty accompanying ER bills days or even weeks later.
It’s important not to minimize the situation, even if it’s a minor parking-lot or low-speed incident. A high pain tolerance or a tough it out mentality can mask serious concerns. Even something like PTSD after crashes can factor into a category of compensation claims called “general damages.”
The key takeaway here? Have a medical professional look at you after an accident to ensure that there aren’t any serious concerns you might not be aware of in the moment. This should be a top priority for everyone, no matter the accident or circumstances.
Take the Right Post-Accident Moves Immediately
Along with a safety-first health check, if you have an injury claim, there are several things you can do to protect it immediately after an accident. Start by moving to safety and calling 911. Don’t delay or skip this step. You want officers and the right professionals there as quickly as possible.
These are the people who will be able to accurately record the state of the accident scene. They can preserve evidence and maintain a correct narrative of what happened. They can take photos, identify witnesses and gather contact information.
They can also ask the right questions to everyone involved right after an event takes place. Having those thorough conversations early is critical. Kim pointed out that it’s amazing how quickly stories can change within minutes of an accident.
Don’t be afraid to preserve evidence through your own photos, too. Take pictures and gather contact information if you notice a witness who can help provide a neutral, third-party perspective of the event. This can be a lifeline that can be a deciding factor when making insurance claims.
Don’t Assume Your Insurance Company Is “For You”
A common misconception, even among car fans, is that their insurance provider is on their side. They’re paying the premium, so obviously they’re the ones who stand to benefit from any action taken by that party. Kim points out that this isn’t the case.
“If you think about it from a business standpoint,” he said, “how do [insurance carriers] make money? They get the premiums from their insureds. And, hypothetically, if one insurance carrier made $100 million gathering all the premiums from thousands and thousands of insured, but they went and paid out claims of $100 million, what would happen to that insurance carrier? They would go bankrupt.”
This naturally makes paying out minimal claims a priority for any insurer. It’s important to keep this perspective. You aren’t working with a strong, supporting ally who is vested in helping your case. You’re pleading your case to a skeptical party whose primary interest is their bottom line, not your bank account, autoshop bills, or healthcare costs.
The correct response here is to take the right steps (see the previous section) to support and corroborate your claim so that it isn’t undervalued. You want your claim to be substantial and convincing, even to the parties that you might think are on your side.
It’s also important to resist the temptation to talk about details, like injuries, with insurance carriers. This is especially true for the carrier of another person in a car accident, but it also applies, to a lesser degree, to your own insurance. Its important to avoid giving details that could make it easier for a carrier to find a way to avoid making a payment.
That’s where a personal injury (PI) attorney comes into the picture.
Hiring A Personal Injury Attorney Gives You An Ally
One of the easiest misconceptions about an accident is dismissing the idea of a personal injury attorney simply because the damage “isn’t that serious.” As previously mentioned, this could be a self-diagnosis of your health that fails to identify a major concern because of adrenaline or delayed symptoms. It could also be over-communicating with another person or insurance carrier who doesn’t have your best interests in mind.
Kim and his guests pointed out that the legal process (particularly when it comes to fees) is different with a personal injury attorney compared to other individuals, like a business litigation attorney. The latter will charge an hourly rate from the get-go, whereas a PI attorney works on something called a contingency fee. That means, while they do take a percentage of an insurance payout, there is no guarantee they will get paid at all. If someone gets $0, the attorney also gets nothing. This puts the onus on the lawyer to successfully represent their client to ensure that they make as successful a claim as possible.
With this in mind, attorneys want to help their clients handle the accident and the sharing of related information correctly. They also take away the stress of things like paperwork to help reduce stress. This empowers you to focus on things like medical care, car repairs, income replacement and so on. This is an intentional move on the part of a good PI lawyer, as it helps you understand the extent of the accident clearly and, as a result, make a more confident claim.
Creating A “Car Guy” Checklist For After A Crash
Remember, the biggest mistakes happen within hours and even minutes of an accident. Understanding cars doesn’t mean you understand accidents, either. It’s just as easy for a passionate car guy to slip into the same mistakes after something as small as a fender bender.
That said, here’s a checklist to help you keep your head on straight and take the right steps after an accident:
- Always prioritize your health and get checked by a professional after an accident.
- Call 911 quickly and get officers and the right professionals involved.
- Document what you can and gather witness contact information.
- Share information with the right groups and avoid oversharing with those who don’t have your best interests in mind.
- Have a personal injury lawyer in your corner to help you manage the fallout of each accident without complicating or exacerbating the situation.
Keeping these steps in mind before you ever need them can help you should you find yourself in an accident. You’ll have one less thing that could cause anxiety because you’ll already know where to start.
The information provided in this article is for general informational and educational purposes only. It is not intended as legal, financial, medical, or professional advice. Readers should not rely solely on the content of this article and are encouraged to seek professional advice tailored to their specific circumstances. We disclaim any liability for any loss or damage arising directly or indirectly from the use of, or reliance on, the information presented.
BDG Media newsroom and editorial staff were not involved in the creation of this content.
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