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How to protect yourself from a car accident lawsuit

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Posted: 21st November 2024 by
Lawyer Monthly
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No one goes out expecting to be involved in a car accident; these things just happen. You can move from having a normal day - driving safely through the streets to a stressful one in seconds. 

All it takes is some collision that may not necessarily be your fault and your day will be turned on its head. Aside from the shock and confusion from the accident, you may also have to deal with the potential lawsuits. I mean with the financial, emotional, and legal burdens with it.

The shocker in all this is that you may still be liable even if you were not at fault, or at the very least go through the rigorous process of claims and counterclaims. 

How do you protect yourself from all these? Well, don’t fret! This is why you’ve got me. We’ll go through the steps to protect yourself from a car accident lawsuit below:

  1. Remain on The Scene

Leaving the scene of the accident too quickly can be interpreted as a ‘Hit-and-Run’ incident which can have serious legal implications. This is why it is important to remain at the scene of the accident except when instructed otherwise by the authorities.

Check yourself and any passengers for any injuries. Some of the common car accident injuries to check out for include swellings, cuts and, bruises on the head, hands and legs. 

  1. Report on The Necessary Authorities

After checking yourself, you must notify the necessary authorities. Dial 911 and request for medical assistance and the police. The medical practitioners will check you and ensure you’re in good health while the police assess the scene and make a report.

This report is essential for future claims and counterclaims.  

  1. Gather Evidence

At this point you need to gather yourself and stay calm. I know what you may be thinking. Yes, it's difficult after an accident but it is vital for this step.

Document everything including what you feel isn’t necessary. By everything here I mean photos, videos of the scene and the car(s), and take witness statements. This evidence will be important later on.

  1. Exchange Details

With that out of the way, exchange details with the other driver. Some of the most important details you should get include name, phone number, license plate number, driving license number, address, and basic insurance details. 

No, it's not a lot. You need all these to file a proper claim if necessary. 

  1. Avoid Admitting Fault

Now here comes the tricky part. How do you show empathy without admitting fault? By not apologizing. Apologizing may sometimes be seen as an admittance of guilt so avoid anything that can mean admitting fault for the accident.

This doesn't mean you should be rude or lose your humanity. Just refrain from admitting any faults, for now. Help the other party if necessary but avoid saying a lot. Staying silent can even help to deescalate the situation and prevent physical altercations.

  1. Notify Your Insurance Company

After the incident, you can then inform your insurance company about the accident. However, yes, there's a caveat. You only need to provide them with the basic information. Before you go into full details and say things that can prevent you from getting compensated, do the next step!

  1. Consult a Lawyer

Saving one of the most important steps for last. Consult a lawyer early. Most people wait until they've been sued before getting a lawyer involved.

You need a personal injury lawyer as they are experienced in handling car accident lawsuits. This is where you provide all the evidence you've gathered in the previous step and get useful advice on the next steps. 

Get advice on how to proceed with your insurance company and the other party in the accident from your lawyer. 

Final Thoughts

Accidents are unpredictable even with your carefulness. However, by staying informed and being proactive you can minimize the chances of it happening.

The best way to protect yourself is by taking precautions and lowering your chances of an accident, the next best way is by following the right steps if you’re ever in a car accident. 

Some of which include calling emergency services, gathering evidence, and consulting an attorney like STX Legal Group. This way you’re prepared for any lawsuits that may arise and are ready to file claims if necessary. 

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