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Next Steps After Getting into a Motor Vehicle Accident

February 21Personal Injury

What should you do after getting into a motor vehicle accident?  These accidents can be scary and even dangerous but following the below steps will help the process go smoothly and as quickly as possible.

Stop your vehicle and pull over
  • Make sure to stop your vehicle and pull over to a safe place, such as the shoulder or into a parking lot nearby. Nebraska law requires drivers to immediately stop their vehicles at the scene of the accident.
Check for injuries
  • Nebraska law also requires people involved in motor vehicle accidents to help people injured from an accident.  If you or any party involved has injuries, call 911.
Exchange information with other parties
  • After pulling over and getting to a safe area, exchange information with the parties involved. Nebraska law requires parties to a motor vehicle accident to provide their name, address, telephone number, and the driver’s license number to the owner and/or any occupants involved in the collision.
  • Take a picture of the other party’s insurance card, license plate and of the driver if they are not injured.
Get contact information for witnesses at the scene
  • It can be difficult to find people who saw the accident without contact information and often those individuals leave before police can take their information. Their statements can be critical to proving the other party was at fault if they later are dishonest about how the accident occurred. An easy way to get their information is to take a picture of their driver’s license.
Report the accident
  • Call 911 if anyone is injured or if there is significant damage to vehicles or property. It is also helpful to call 911 if a police report would be helpful to establish the party at fault through an investigation of the scene and talking with witnesses. When in doubt, contact the police.  A police report establishing the details of the accident can often avoid a dispute about who was at fault.
  • In the event the police do not come to the scene, you must report your accident within 10 days to the Department of Transportation. You can file a crash report in Nebraska here: https://ecmndotportal.nebraska.gov/NDOT-CRASH-REPORTING5
Visit your doctor
  • Make sure to seek medical care, even if you feel fine after the accident. Injuries from motor vehicle accidents can be severe and immediate, but they may also be dull and occur days or even weeks after the accident.  Documenting injuries resulting from accidents is important to any potential insurance claim or lawsuit, so be sure to document everything.
  • If medical attention is available at the scene of the accident, accept medical care. If medical professionals offer an ambulance to the emergency room for further examination, it is best to take the advice of the professionals.  It can be difficult to self-assess your injuries at the time of the accident.  Adrenaline and other factors can mask pain that typically would alert a person they are injured.  Medical tests early can ensure that you get the proper medical care for any injuries and help support any claim you may have as a result of the accident.
  • Give your doctor detailed information for your medical chart. Answer questions asked fully and answer honestly and comprehensively about any pain.  Your medical record will be used by the insurance companies later to determine the value of your claim.  Having a detailed and comprehensive medical record will support your injuries and minimize any argument the opposing insurance company may make that your injuries were not caused by the accident.
Gather important information
  • Gather any information or documents you may have regarding the accident. This can include photos of the accident scene, vehicles, or injuries.  This could also include any medical documents or insurance documents you receive.
Notify your insurer
  • Contact your insurance agent sooner rather than later. They will be able to guide you through the claims process if necessary.
Do not speak with the responsible party’s insurance company
  • It is best to wait to speak to the insurance company for the person who caused the accident after you meet with your own legal counsel. Your case can be prejudiced by communications you have early in the process.
Contact a lawyer
  • Last but not least, seek a lawyer. In personal injury cases, lawyers can be vital to ensure you receive the best results from your case.  See our previous blog post, Do I Need a Personal Injury Lawyer?, for more on why obtaining a lawyer for a personal injury case is so important.

Our attorneys at Berkshire & Burmeister have extensive experience in personal injury law, and are ready to help you navigate this process.  Call us today and set up a free and no obligation consultation: 402-827-7000.

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