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Car Accident? Know your Rights and Claim Compensation

— November 25, 2020

No one wishes to be in an auto accident. However, in life car crashes happen and they do cause Personal Injury. Whether this was caused by you or another party, you need to be aware of the necessary steps to take immediately after the accident occurs. Knowing your rights and options equips you with the right tools to concentrate on collecting essential car accident evidence. 

The Law states that you are entitled to claim car accident compensation if you have sufficient and essential evidence to prove you were not at fault. This facilitates a smooth and speedy claiming process. If you are in doubt, as to whether you are entitled to a compensation, it is important to contact a personal injury lawyer near you. Most Personal Injury Lawyers offer a ‘no win no fee claim’.

How do I Prove I am not at Fault in a Car Accident

A successful claim can bring huge relief in such a stressful period. It is quite understandable, you may still be in shock and disorientated just after a road accident, however you must try as much as possible to collect essential evidence before all involved parties leave the accident scene.

Exchange Contact Information of all Drivers and Witnesses Involved

Try as much as possible to collect necessary information from all parties involved including;

  • Telephone numbers 
  • Email addresses
  • Postal addresses 
  • License Plate Numbers
  • Employer name and phone numbers and their addresses.
  • Insurance company and policy number
  • Driver’s license and license plate number
  • Type, color and model of vehicle
  • Location of accident
  • Full name and contact information

The more documentation you present to your Injury Lawyer, the more likely it is that your personal Injury claim will be processed quicker. This saves you time and money.

If it is a hit-and-run incident, try to capture the license plate number of the car and call the police.

Recall & Document Accident Events

Do not tire when several people ask you to explain what actually happened over and over. Be prepared and patient to tell your side of the story. Even if you feel drained from the auto crash, photographic evidence will support your case and determine what occurred during the incident. Document the following;

  • Time of Day: Day or Night
  • Outside weather and elements: foggy, sunny, raining, cloudy, snowy, debris
  • Street lanes that each driver was in
  • Speed of the all vehicles involved
  • Any car horns and Indicators actioned

Mobile phones and Dash cams can be used to record the car accident by photographing or filming a video of the car wreck in the aftermath. Photographs must be taken from various angles, vehicle damages, road skid marks, and signs or traffic signals present at the site. Rear end collisions are common due to tailgating among other things. Remember video or photographic evidence is crucial in supporting your accident compensation claim.

Police and Witnesses Reports

Request other drivers to share their Dashcam videos and photographs while still at the scene.

Car Accident Insurance companies rely on accuracy and validity of police reports therefore it is vital to request police documents at the scene for your own records. Police car accident reports may include;

  • Drink and driving breathalyser test
  • Driver Alcohol Use Information
  • Addresses and contact details of other drivers
  • All party drivers Insurance details
  • CCTV Camera Records
  • Police Officer(s) personal Information
  • Police Reference Case Number

Personal Injury Medical Records

X-ray of person with broken collarbone; image by Harlie Raethel, via
X-ray of person with broken collarbone; image by Harlie Raethel, via

There are a number of personal injuries that can be caused in car accidents. The common types of body injuries include: 

  • Soft Tissue Injuries. 
  • Broken Bones. 
  • Traumatic Brain Injuries
  • Spinal Cord Injuries
  • Psychological Injuries

 All injuries must be assessed by medical experts during the car accident at the scene or at the hospital. It is advised to not leave the scene until all statements are collected by the police. Request a copy of the injuries sustained from the first response team or ambulance service team whilst still at the site or from the hospital. Retain all medical bills and documentation from the hospital as these are necessary for the car accident settlement.

Read more about related injuries caused by common auto accidents:

Obtain a Statement from the Road Accident Vehicle Recovery Team

It is important to get a report from the road accident vehicle recovery team. They can tell you whether your vehicle can be repaired, at what cost, or if it is a write off. Pass this information to your insurance company to support your claim.

You may want to call your insurance agent while you’re at the scene. That way, they can tell you exactly what they will need in order to process your claim.

Do you know your Car Accident Rights?

Evidence can come in many forms, and may include documents such as medical bills and records, photographs, and witness statements or testimony. Getting factual and first hand information at the scene is also additional evidence that can support your claim.

This can be acquired from “at the fault driver” through the use of car accident interrogatories, written questions that the other driver(s) must answer, for example, their conduct prior to the accident, under oath, within a specified period of time.

Can delays caused by Covid 19 affect my Car Accident Evidence?

Even in the midst of the pandemic, Personal Injury Lawyers still need to process and take care of car accident insurance and compensation claims. Do not delay your injury claim because of COVID-19. 

You can still meet with your doctor online or over the phone to get medical treatment and advice. Remember to keep records of your discomfort and pain to showcase their impact on your life. 

Share them with your injury attorney. Pictures and videos stand the taste of time when it comes to evidence. If you wait too long, some of the evidence will be lost and could potentially decrease your odds of gaining compensation.

Car brands involved in the most accidents

Apart from creating information on awareness both during and after a car incident, we also conducted research on the car brands which have been involved in the most accidents. Below outlines an analysis of the deadliest car manufacturers in the USA.

From 2016 – 2019 there was an average of over 100 fatalities every day according to NHTSA (National Highway Traffic Safety Administration) data.

The study included the most recent full year of data released by the National Highway Traffic Safety Administration (NHTSA) which provided a list of the deadliest car brands in each state as well as the exact model and make of these cars. An interactive map of the results can be viewed here.

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