Many times, the moments immediately following the collision can make or break a personal injury claim. What you say and do in such a crisis may either lead the way to a fair recovery or irrevocably undermine your case.

Most important is attending to your own safety and that of your passengers. Unless of course the automobile is on fire, sinking in the water, or otherwise precariously positioned, take a moment before getting out to collect your thoughts and to assess your physical condition as well as you can. Look at yourself in the car mirror and physically move your arms and legs before trying to get up. Be sure it’s safe to open your door and exit the car before doing so. Move deliberately because you may be hurt and not realize it due to collision shock.

If you’re able, either call 911 yourself or get someone else to do so and ask for the police to come to the scene. If you have any question about the need for it, also ask for an ambulance.

If it can be done safely, don’t move your car and encourage the other driver not to move his/her car until the police arrive.  (State law requires you to move your car from a freeway if it can be done safely.)

If you’re able to get to the other driver, ask if the driver is alright. You may be justifiably angry but do your best to focus only on everyone’s safety and well being. Don’t tell anyone you’re ok—you don’t really know whether you are or not. Problem is that many people will say, "I’m ok," meaning they’re not dying. This little seemingly innocent expression often proffered to reduce the other person’s anxiety can be later misinterpreted or twisted by an insurance adjuster or insurance company lawyer. Often, people have suffered injuries that aren’t really apparent within the few minutes or even hours after the accident. They may feel ok after the wreck but go home to bed and wake up in excruciating pain. This occurs because of several reasons, not the least of which is that the adrenaline rush accompanying a wreck can mask symptoms and it may take several hours for neck and back, or other injuries to manifest. If you don’t have an apparent injury and if someone asks how you are say "I’m not really sure, I’m still flustered," or words to that effect.

Some of our clients, who themselves are not at fault, have nevertheless volunteered an apology just to be polite. This courtesy can be later misinterpreted to make it look like the wreck was your fault. Rather than apologize for the wreck, focus on expressing concern for the other person’s well being, e.g., "I hope you’re ok," or "I hope you can get your car fixed ok."

If possible, exchange insurance information with the other driver. If the police come, they will facilitate this exchange. You’ll want the other driver’s company’s name, their policy number, and phone number. It’s also fine to provide your insurance information even though the collision may not be your fault.

Even if you don’t have to go to the hospital, it’s important to get checked out by your family doctor as soon as possible after the collision. Some people try to "tough it out," hoping that they’ll feel better. This can unnecessarily prolong your recovery. If you’re at all sore the next day and aren’t sure how badly you’re hurt, it’s important to go to the doctor to either rule out any serious injury or get treatment. Watch for our future issue on how to get the best treatment possible from medical providers.

Whatever you do, do not give a recorded statement to any insurance adjuster—even your own. The problem is, in an effort to be helpful, you may disclose some information or express opinions that you won’t even know might hurt your case. For example, an adjuster doesn’t need to know what other insurance policies you have, or that you think you’re ok even though you haven’t seen a doctor yet.

We hope this information is helpful. If you have any questions, please don’t hesitate to call or email us.