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What to Do When You've Been in a Car Accident

Written by: Erik Glen Swanson

Reputation Level 15

Posted almost 3 years ago. Applies to Illinois, 1 helpful vote, 0 comments

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Take Pictures

You should always have a camera (a disposable one is fine) in your glove compartment. If it is safe to do so and you can do so without pain, you should take pictures of the positioning of the cars, any traffic signals, the damage, the road conditions, and the scene of the accident – as many as you can. This is the one and only chance to record the exact scene at the time of the accident.

Gather and Observe Information

Get the name, address, telephone number, and insurance information for the other driver(s). Get the names, addresses, and telephone numbers of any witnesses or passengers. Once the police are on the scene, get the officer’s name and/or badge number and the report number. Also, listen. Listen to what the other driver says (do they admit fault?) Do they argue with their passengers? Is their radio on? Were they talking on a phone? Smoking? You may see or hear something that could help your case later on.

Go to the Doctor

If you are in any pain what-so-ever, you should go to the Hospital from the scene. Never, ever, exaggerate your injuries, but do not minimize them either. If you do not go to the Hospital from the scene (either via ambulance or driving yourself), you should go as soon as you experience pain.

Don't Talk to Anyone

Do not, however, talk to anyone from the other driver’s insurance company until you obtain an attorney. Save everything they send you and make note of the times they call, but do not give a statement to them until you have your attorney.

Keep a Journal

It is very helpful for your case to keep a journal. Write down anything you saw at the scene, when you went to the doctors and which doctors you saw. Memories fade, but if you write it down, it’ll help your attorneys down the road. Under Illinois law, if your case goes to Court, this journal will be seen by the attorneys for the other driver, so keep it brief and factual – names and dates, who said what to whom. Don’t make things up, don’t exaggerate, and don’t try to make up “facts” that you think might help your case, as it will just hurt you down the road.

Get an Attorney

Lastly, get an attorney. You should never try to handle a personal injury case on your own. Insurance companies will rarely, if ever, pay full value for a case unless there is an attorney willing to go to Court on the file. Injury cases are almost always done on a contingency fee basis, which means you don’t have to pay any attorney fees up front (they come out of your recovery). Some attorneys may require payment for costs up front. It is best to obtain an attorney as soon after your accident as possible, but don’t expect an immediate settlement. Your attorney can’t settle your case until you’ve finished medical treatment and are back to work. Once you’ve finished medical treatment, your attorney needs to get all your medical records and bills and submit a demand to the insurance company. This can take a few months, sometimes more. If the case can’t settle, your attorney will have to file a lawsuit.