You are sitting on the side of the road, stressed and hurting, after being in a car accident that was not your fault, wondering what to do. Here are five things that can be done relatively easily to help protect yourself.

1. Call Law Enforcement.

If you’re hurting or the vehicles have damage, it is best to call law enforcement. Law enforcement will do an investigation, take statements, document the scene, create an accident report, and issue the appropriate summons. Many law enforcement agencies have cameras on their dash or body, so all of the statements can be recorded and later obtained by an injury attorney to help your case. This helps avoid ‘he said, she said’ disputes months or years down the road when your personal injury case gets to trial.

2. Take photographs of the vehicles and scene.

Document the vehicles and scene. Almost everyone has a phone that can take photos and videos. Take good photos of your vehicle (all sides, but particularly the damaged portions) and the other driver’s vehicle. Also, take photos of the scene to document light conditions, direction of travel, line of sight, etc.

3. Get witness names and numbers.

If anybody stops at the scene, get their name and phone number as soon as possible. Law enforcement will often write names and numbers down, but sometimes, those witness names and numbers do not make it into the official file or are misplaced. Having the contact information yourself ensures you do not lose those witnesses who could later support your claim.

4. If you are feeling pain, feel different than normal, or feel ‘like you got your bell rung,’ seek medical attention and let somebody know.

Insurance companies have a financial incentive to minimize your injuries. Delaying treatment gives insurance companies the ability to complicate your case. An insurance company could argue that delayed treatment is either: (1) not related to the car accident because it took so long; or (2) try to blame the delay as a reason for your condition worsening. Nothing good can come of delaying treatment or disregarding the instructions that doctors give you. Seeking prompt medical attention and then following the doctor’s orders increases your chances of getting healthy quicker, and clearly documents your injuries and symptoms.

5. Hire a personal injury attorney.

An experienced personal injury attorney can help determine (1) whether there is a valid case; (2) locate, obtain, and preserve evidence; and (3) help guide you through the process to help maximize the chances of a positive outcome in your car accident case. Regardless of whether you hire this firm (we’d love the opportunity to speak with you) or another experienced personal injury lawyer, you will almost always be better off having an experienced injury attorney handling your case.

Frequently Asked Questions After a Virginia Car Accident

1. Should I submit my medical charges to my health insurance after a Virginia car accident, even if the accident was the other driver’s fault?

Yes, all of your medical providers should bill your health insurance. You still get to claim the full charges for your treatment in your personal injury case, even if health insurance paid some or all of your charges. Some health insurances have to be paid back for what they paid out, but you will be better off in the long run and will ultimately put more money in your pocket at settlement if all of your medical bills are submitted to health insurance.

2. Should I speak with anybody at the other driver’s insurance company after a Virginia car accident?

You should avoid speaking with the insurance company about the details of the accident, or “making a recorded statement,” before consulting with a personal injury attorney. You can discuss your property damage only, but avoid discussing the facts of the accident, your injuries, and your treatment. You should consult with a personal injury attorney before you decide to make any statement.

3. What should I do if the other driver does not have insurance?

You should still report the accident and seek medical attention if needed. In some situations, uninsured or underinsured motorist coverage may apply. An experienced car accident attorney can help identify potential sources of coverage to help provide compensation.

4. What should I bring to a consultation with a personal injury attorney?

• Exchange of information forms
• Photographs
• Accident reports
• Insurance information (health insurance and auto insurance)
• Medical records or bills
• Witness information
• Any letters or emails from insurance companies

5. How much does it cost to hire a Virginia personal injury attorney?

Most firms, this firm included, handle car accident injury cases on a contingency basis, meaning there is no fee unless there is a recovery.

Contact an Experienced Personal Injury Attorney in Richmond, VA

Henry Jones is one of the personal injury attorneys at CowanGates. He has experience in personal injury matters involving automobile accidents, truck and tractor-trailer accidents, premises liability (slip and fall), transportation network companies (Uber), hunting accidents, medical malpractice, and pedestrian accidents. Henry serves clients across the Commonwealth of Virginia and is here to help. To speak with an experienced personal injury attorney in Richmond, Virginia, and receive the comprehensive legal advice you deserve, call (804) 320-9100 today and ask to speak with Henry. Personal injury consultations are free.