Car accidents are often sudden, unavoidable events that can range from minor inconveniences to life-altering catastrophes, turning an ordinary day into an overwhelming experience in an instant. In the United States, it is estimated two-thirds of drivers have been in a car accident at least once in their lifetime.
In Kentucky, there were 178,927 reported auto collisions in 2022. Of these, approximately 62% of drivers were local county residents of where their collision occurred. Additionally, approximately 24% of those involved were still Kentucky residents (2022 Kentucky Traffic Collision Report). This report shows the significance and real possibility of car crashes happening to Kentuckians every day.
Being prepared for a crisis like this enables those in the midst of a tragic accident to find the power, perseverance, and support needed to rebuild their life following pain, suffering, and injury. While these accidents may be inevitable, you can learn the top 5 mistakes to avoid if you do find yourself in an auto accident.
1 Not Calling the Police
Often, individuals assume minor accidents do not require official documentation. However, without a police report, you may lack an essential record that provides an unbiased account of the accident’s details—something insurance companies and courts often rely on to establish fault and validate claims.
Additionally in Kentucky, it is required by state law to report any car accidents involving injury, death, and/or property damage exceeding $500 to local law enforcement within 10 days of the collision.
What To Do: Call 911 immediately after an accident occurs. A police officer will then take statements of all involved parties and provide an official report. This report can be crucial if the other driver later denies responsibility or if you need to file a personal injury claim.
**Police reports DO NOT automatically get sent to insurance companies. One party’s insurance company must request the official police report for the other party’s insurance to be aware of the accident.
2 Skipping Medical Attention
Injuries such as whiplash, concussion, or internal injuries may take time for symptoms to show. While an individual may feel fine or only feel mild soreness after an accident, seeking a medical examination is crucial for two main reasons. First, untreated injuries can lead to prolonged recovery and/or permanent damage. Second, in the situation where an individual is involved in a personal injury case, official medical documentation of injuries strengthens your claim by being able to prove the extent and timing of injuries.
What To Do: Seek medical attention IMMEDIATELY if any pain or injury is present at the time of the crash. If bruising, pain or other injuries become present after the accident, it is best to seek medical attention as soon as possible – it is imperative to not wait.
3 Failing to Gather Evidence
An accident is an unexpected event that is connected to increased emotions and chaos, so it is often not a natural thought to collect evidence. However, without proper evidence, it can be difficult to determine the at-fault party.
What To Do: After local authorities have been called and all individuals involved in the accident are checked on, take photos/videos (visible injuries, involved vehicles, visible damage, skid marks, debris, road signs, and any other useful elements), find witnesses (collect contact information), and write down the known details.
4 Giving a Statement to the Insurance Company
Insurance companies are always looking for ways to save money on paying claims. When an insurance adjuster takes a statement from someone who’s been injured in a crash, they are gathering information. But they are also looking for anything that they can use against the injured person, to keep from paying them a fair amount on the claim. Insurance adjusters are trained professionals that handle injury claims on a daily basis. Most of the time an injured person has no experience with an insurance claim, so it is not a legal playing field.
What To Do: Its best not to give a statement to the insurance company. Certainly, do not give a statement without consulting with an attorney first. If the adjuster calls you prior to doing this, you can politely tell them that you need to speak with an attorney first, without having to discuss the details at that time.
5 Handling the Claim on your Own
Some people mistakenly believe that the at-fault driver’s insurance company will do the right thing and pay everything that’s owed, so they don’t need an attorney. That is almost never the case. The less an insurance company pays on its claims, the more money the company makes. An insurance company simply is not going to pay the full value of an injury claim to an unrepresented and inexperienced injured person. Not to mention that an unrepresented person doesn’t know what damages they’re entitled to recover, what legal arguments they have or what amount of time they have to bring a claim.
What to do: As soon as you reasonably can, hire a competent injury attorney to protect your interests!