Car accidents are highly stressful; as a victim, it can be difficult to concentrate on anything other than your immediate safety and well-being in the minutes, hours, and days after a crash. However, proper car accident documentation during this period is extremely important. It will help your lawyers to build a strong personal injury claim later on.
In this article, we’ve compiled a comprehensive checklist on how to document your car accident. By following the steps we’ve outlined, you’ll be giving your attorney the best possible shot at building a winning case.
Immediate Steps to Take at the Accident Scene
Ideally, the accident documentation process should begin directly after your collision. However, safety needs to be the highest priority. Check yourself and others for injuries, ensure you’re safe from collisions with other vehicles on the road, and contact the emergency services via 911.
When the police arrive, officers will compile a report about your crash. This report will serve as important evidence for any insurance claim or lawsuit that arises later.
Gathering Information From All Parties Involved
In Pennsylvania, you must legally remain at the scene of a car accident long enough to exchange personal and insurance information with the other parties involved and to render assistance to anyone who needs it (unless the accident did not cause any injuries or property damage). Otherwise, you may be guilty of a hit-and-run offense, even if you weren’t at fault for your accident.
You should also document the make, model, and license plate number of any other vehicles involved in the accident. The police will make a note of this when they arrive, but it can be useful to have your own records of this kind of important information.
If you can, speak to any bystanders who may have witnessed your collision. Ask them for their contact details and respectfully request that they stay around long enough to make a statement to police. The input of an impartial bystander can be extremely useful, as it may prevent your case from becoming a game of “he said, she said.”
Taking Photographic Evidence
These days, every cell phone comes with a high-quality camera and a connection to the cloud, so there’s no reason not to take plenty of photos and videos of the aftermath of your car accident. These may serve as very valuable evidence later on.
You should capture the accident scene from a number of angles, making sure to record any damage to vehicles and road signs, skid marks, and road conditions. You should also take pictures of any visible injuries if it’s safe to do so.
If you’re reading this in the days or weeks following your accident and you didn’t collect photographic evidence at the time of the crash, don’t panic. There may be alternative ways to get footage of your accident, depending on the area in which it took place.
First, the crash may have been captured by a surveillance camera. According to a study by Comparitech, Philadelphia has one of the highest concentrations of surveillance cameras of any city in the U.S.; if your accident took place downtown, there’s a particularly good chance it was on camera.
Dashcam footage may also be useful. Even if neither you nor the other party to the accident had a dashcam installed, another driver on the road at the time may have footage of the collision.
Your lawyer will be able to help you track down footage of your crash if you’re in a difficult situation like this.
Filing a Police Report
In the case of some minor accidents, the police may not arrive on the scene. If this happens, you must report to the accident to the closest police department yourself, unless the collision did not cause any bodily injury or property damage exceeding $1,000 in value.
If the police do arrive, you should be honest when providing your statement, but you should not engage in speculation about who was at fault for your accident. Statements like these can work against you later. Once you provide the police with the information they need, you should refrain from discussing the crash further.
The officers will be required to officially complete and file this report so that it can be made available to the public. Once this is done, you should be able to access the report from the Crash Reports section of the Pennsylvania State Police website.
For your own records, you should make a note of the names and badge numbers of the responding officers. This can help to clear up any confusion that may arise around their identities in case you need to make contact with them later on.
Maintaining a Personal Injury Journal
We advise all our car and truck accident clients to start journaling after their crash. You should record your recollection of the accident as soon as possible after it happens, and start keeping track of the symptoms, treatments, and pain levels associated with any accident-related injuries you’ve sustained. The longer you maintain this journal consistently, the more effective it will be in proving your case.
Preserving Medical Records and Other Bills
Insurance claims and lawsuits can take time to settle. While this process is ongoing, you’ll likely be left covering certain costs out of your own pocket. To ensure you can recoup these costs later on, it’s imperative that you keep all relevant bills, invoices, and receipts.
Broadly, you should keep a record of:
- Medical bills, including for emergency room visits, doctor’s appointments, and prescriptions.
- Lost wages. If you’re self-employed, documenting injury-related income losses may be more challenging; you should discuss situations like this with your lawyer.
- Accident-related transport costs (such as for hospital visits).
- Vehicle replacement costs (such as from rental cars you use while your car is in for repairs).
- Towing fees.
- Auto repair expenses.
Communicating With Your Insurance Company
It’s always important to remember that your insurance company is not on your side. The insurance adjuster working on your case will do whatever they can to lessen the value of your claim or defeat it entirely, so you need to be careful when communicating with them.
Pennsylvania is a no-fault state. This means you can file a claim with your own insurance company following an accident, regardless of who was at fault for it. In many other states, the insurance company of the at-fault driver must cover all the costs arising from an accident.
However, you may need to interact with the at-fault driver’s insurer if the damages arising from your accident exceed the limits of your no-fault policy. At this point, the question of responsibility for the crash comes into focus; if the insurance company disputes that its policyholder caused your accident, you may need to file a personal injury lawsuit.
Frequently Asked Questions (FAQs)
What if the other driver refuses to provide their information? If the other driver refuses to share their contact or insurance information, stay calm. Document their license plate number and vehicle description. Explain the situation to the police officers at the scene and to your insurance company. If the other party becomes aggressive, do what you can to keep your distance from them; always prioritize your own safety.
What should I do if the other driver's insurance company contacts me? If the other driver's insurance company contacts you, be cautious about what you say. Avoid providing a recorded statement or discussing settlement offers without first consulting your attorney. Anything you say can be used against you, so it's best to let your lawyer handle communications with insurance companies.
How should I handle a situation where there are no witnesses? If no witnesses are present, focus on gathering as much crash-site evidence as possible. Take detailed photos, videos, and notes of the accident scene. Your lawyer may be able to use surveillance footage from nearby businesses or traffic lights to support your claim.
What should I do if my car accident occurred out of state? If your accident happened out of state, follow the same steps to document the accident thoroughly. Be aware that different states have varying laws regarding accident claims. You may need to consult with a personal injury attorney who is licensed in the state where the accident occurred for specific legal advice.
Are there any apps that can help me document a car accident? Yes, there are several mobile apps designed to help document car accidents. Apps like "EverNote," "CamScanner," and "iWrecked" allow you to take photos, record details, and even generate accident reports.
Documenting Your Claim to Strengthen Your Case
Documenting a car accident thoroughly is vital to protect your rights and strengthen your personal injury claim. However, it’s really only the first step.
To give your claim the best possible chance of success, you need to work with an experienced lawyer. Contact the Cochran Firm in Philadelphia today to schedule a free initial consultation with one of our auto accident lawyers. You can reach us over the phone by calling 800-969-4400, or fill out our online contact form.
