If You’re in a Car Accident, Doing These 4 Things Will Help You Get a Better Settlement

The following is adapted from Not a Good Neighbor.

If you’ve ever been in a car accident—even a relatively minor fender bender—you know it’s traumatic. There’s the initial shock, of course. It’s scary, and while you’re trying to make sense of what happened, you’re also trying to make sure everyone else is OK.

Always, the first thing you should do if you’re in an accident is assess your injuries and get help if you need it. But if you aren’t hurt or if your injuries seem minor, there are things you can do at the accident scene that will help you get a better settlement.

Because it’s impossible to predict when an accident will happen, it’s important to make sure you know exactly what to do if you’re involved in one. You probably won’t be thinking clearly, so familiarize yourself with these concepts now so you’re prepared for whatever happens. 

Consider keeping a copy of these points in your glovebox in case you need them. I hope you don’t, of course—but better to have them and not need them, than need them and not have them.

#1: Figure Out What Happened

The first thing to do if you’re involved in an accident (after checking for injuries and getting help if you need it) is to try to figure out exactly what happened. Think back to what you were doing before the accident happened. Be clear in your mind about what occurred before you ask the other person what happened. 

Many times, the guilty party will admit their mistake before the police arrive and accept fault because they were raised to take responsibility for their errors and not lie. If you can get the other driver to admit their mistake and you can document that, it will save you a lot of time later when the police and insurance companies are trying to assign blame.

You can usually get a lot more cooperation out of the other person if you’re calm. If you get out of your car and start shouting, the other party will clam up and not admit anything. 

However, if you get out of your car and ask if the other party is okay and then kindly ask why they hit you, many times they’ll apologize and tell you they were looking down at the radio or their phone. When the police do arrive on the scene, you can calmly explain to the officer that the other driver already apologized to you and admitted fault. 

#2: Call the Police

Whenever you’re in an accident—whether there are injuries or not—you should call 911 and get the police and an ambulance to come. Anyone in need of help must get medical attention as soon as possible. The police create a record of the property damage, the fault, and even note the injuries. 

If no one is injured, it will be tempting to avoid calling the police. Some at-fault drivers will even ask you not to call the police, but don’t be swayed. There are too many stories about nice people who were injured, but because they didn’t get a police report and document the fault, their claim for damages was undermined when the at-fault driver changed their story and refused to admit fault.

While it’s true that in many jurisdictions, you can file a police report after you leave the scene, that’s not an effective way to document your case. Get the police report filed up front by calling the police immediately.

If an insurance person comes to the scene, do not sign any papers. You can sign the accident report information for the police, but make sure it is accurate first. Also, remember not to admit that you were at fault. Once the police arrive, you can give them your driver’s license to review, but don’t let anyone else have it.

#3: Document the Scene

After you’ve gotten clarity about what happened and have called the police, you should document the accident scene as best you can. Talk to witnesses, and get their names and contact information. 

Use your smartphone to take photos and video (be very careful while you’re doing this, especially if you’re on a busy road or visibility is poor). If anyone has suffered injuries, take photos. Take photos of the people at the scene as well as the cars. 

Make sure the pictures show the vehicles in the position they were in right after the accident. If there’s an intersection light and the other driver hasn’t admitted fault, take video and pictures of the intersection’s light sequence. 

Make notes of everything in the vicinity—businesses, road markings, signs, crosswalks. If you have a passenger with you, ask them to help if they are able. If the other side has a passenger, ask if they are okay and then ask what they saw. 

If you can get them to commit to whatever they saw, they are less likely to be a witness against you later. People don’t realize how powerful an admission is in court. The admission of the driver, your opponent in a lawsuit, is permitted evidence in court, and their passenger’s statements may also be admissible. 

#4: Get the Names of Everyone at the Scene

Once you’ve documented the scene, try to move your car out of traffic to the side of the road and turn on your hazard lights. Then, get the names of everyone who was at the scene of your accident, particularly anyone who would be a good witness. 

You want to know who these people are because the other driver’s lawyers are going to know it, and they are going to track them down. You want to get to them first. 

Along with their names, get their cell phone numbers and email addresses. Get a statement from them if you can. If you can’t get a statement, get a general idea from them of what they remember. You can get a witness statement from them later.

Get Ahead of the Insurance Company

If you act quickly after an accident, you will be ahead of the insurance company. That will put you in a more powerful position later when you are negotiating a settlement. 

Following the tips here may make you uncomfortable. They may seem undignified to some people. However, taking pictures and collecting evidence at the scene is the best way to protect your rights. 

There is nothing unsavory or crass about documenting what happened to you. You not only have the right but an obligation to protect your interests, and taking these simple measures will help you get the best settlement possible.

For more advice on how to get the best settlement possible after a car accident, you can find Not a Good Neighbor on Amazon.

Brian LaBovick is a lawyer and entrepreneur who has earned more than $400 million for his clients after establishing his injury law practice in 1991. As one of two students selected to the prestigious Order of the Barrister as the outstanding litigator in his class at the University of Miami, Brian was hired by the US Department of Justice Honors Graduate Program after graduation. He is now CEO of the LaBovick Law Group, an advisory board member of Keiser University’s legal education division, a past president of the North Palm Beach County Bar Association, and former director of the Palm Beach County Justice Association.