Being involved in a car accident is always a jarring, stressful experience. The moments after a collision can be chaotic and confusing. However, the actions you take (or don’t take) immediately following a crash can significantly impact your ability to recover compensation down the road.

At Hamparyan Personal Injury Lawyers, we’ve witnessed firsthand how failing to take the proper steps after an accident can derail a personal injury claim before it even begins. That’s why we’ve put together this definitive 10-step checklist outlining exactly what to do if you’re ever involved in a wreck in San Diego.

Following these steps will not only protect your rights and preserve critical evidence, but will also give you the best chance of maximizing your financial recovery. Let’s dive in:

1. Remain at the scene and call 911.

Never leave the scene of an accident, even if it seems relatively minor. Fleeing the scene could constitute a hit-and-run, which is a serious crime in California punishable by jail time. Instead, immediately pull over to a safe area and call 911 to request any needed emergency services. Also call the police to report the accident. Later on, we can help you obtain a copy of the crash report, which may be helpful evidence in your claim.

2. Check on others involved and render aid if possible.

After calling 911, check on the physical condition of any other drivers, passengers, or pedestrians involved in the accident. Render any reasonable aid you can, such as moving injured parties away from the road or providing basic first aid. However, avoid moving anyone who is severely injured, as this could exacerbate their injuries.

3. Gather information and document the scene.

Once you’ve ensured everyone’s safety, it’s time to start collecting information and evidence. Use your smartphone to take photos and videos of:

• Damage to all vehicles involved
• Injuries sustained by any parties
• Roadway conditions and debris in the area
• Traffic signals, road signs, or markings near the crash site
• Any other potential evidence like skid marks or hazards.

You’ll also want to exchange full names, contact details, driver’s license numbers, license plate numbers, and insurance information with any other drivers involved. Get the names and contact info for any witnesses as well.

4. Avoid admitting fault or providing statements.

When the police arrive, avoid admitting any degree of fault or providing any statements about the accident beyond basic facts like your name and what you witnessed. Statements made in the heat of the moment can be misconstrued and used against you later. It’s best to politely decline giving a recorded statement, including to your insurance company, until you’ve had a chance to speak with an attorney. Do not speak to the other party’s insurance company.

5. Seek prompt medical attention.

Even if you feel mostly okay after the accident, it’s still crucial to get checked out by a medical professional as soon as possible. Many serious injuries like whiplash, concussions, or internal bleeding may not present obvious symptoms right away. Failing to seek prompt treatment could jeopardize your health and any future personal injury claim.

6. Notify your insurance company.

Most insurance policies require you to promptly notify your provider anytime you’re involved in an accident, regardless of who was at fault. When speaking with your insurer, stick to the basic facts about the accident such as date and time, location, and involved parties. Avoid speculating about fault or making any statements that could be incriminating. And remember, you are allowed to – and should – refuse to have your conversation recorded by the insurance adjuster.

7. Preserve evidence and document everything.

In the days and weeks following the accident, take steps to thoroughly document and preserve any potential evidence including:

• Photos and videos of visible injuries as they heal
• Repair estimates or records for vehicle damage
• Copies of medical records and bills related to your injuries
• Any communication from insurance companies
• Pay stubs or income statements if you missed work due to injuries.

Keep a daily journal or log detailing your recovery process, ongoing symptoms, and the overall impact the accident has had on your daily life.

8. Avoid posting about the accident on social media.

As tempting as it may be to vent your frustrations on social media, avoid posting any details, photos, or commentary about the accident online. Anything you share can potentially be used against you by the other party’s insurance company to dispute or diminish your claimed damages.

9. Consult an experienced San Diego car accident lawyer.

Even if liability seems clear or the accident was relatively minor, it’s still wise to consult an experienced San Diego car accident attorney as soon as possible. Most reputable injury lawyers offer free initial consultations, so you have nothing to lose by getting professional guidance.

An attorney can evaluate the strength of your case, explain your rights and options, and deal with the insurance companies on your behalf. Competent lawyers help ensure you don’t accidentally jeopardize your ability to recover full and fair compensation.

10. Be patient and avoid rushing into a settlement.

In the aftermath of an accident, insurance companies will often rush to get you to sign paperwork or accept a quick settlement offer. Their goal is to resolve your claim as cheaply as possible. Do not feel pressured to accept any offer until you’ve had it reviewed by your attorney.

Rushing into a settlement means you may be leaving money on the table and failing to account for future medical costs, lost wages, and other damages you’re entitled to recover. Be patient, and let your lawyer negotiate for the maximum compensation you deserve.

Auto Accident Example: A Rear-End Collision on the 805

To illustrate the importance of following these steps, let’s look at an example: Imagine you’re driving northbound on the I-805 freeway in San Diego during your evening commute. Suddenly, the traffic ahead comes to a dead stop. You hit your brakes, but the driver behind you fails to stop in time and rear-ends your vehicle at full speed. In this scenario, you would:

1. Pull over to the shoulder or nearest safe area and call 911 to report the accident.
2. Check on the other driver and any passengers to see if anyone needs emergency medical aid.
3. Use your phone to take photos and videos of the vehicle damage, visible injuries, and any other relevant evidence like skid marks on the road.
4. Exchange full names, contact info, license plate numbers, and insurance details with the other driver.
5. When police arrive, avoid admitting any fault and politely decline giving an official statement until you’ve consulted a lawyer.
6. Seek medical evaluation as soon as possible, even if you feel “okay” at the scene.
7. Notify your insurance provider about the accident, sticking only to the basic facts.
8. Continue documenting your injuries, vehicle damage, medical expenses, and lost wages as days go by.
9. Consult an experienced San Diego car accident attorney like those at Hamparyan Personal Injury Lawyers.
10. Be patient and let your lawyer negotiate with the other driver’s insurer, avoiding a rushed, insufficient settlement.

By following these steps, you’ll be in the best position to recover full compensation for your medical bills, lost wages, pain and suffering, and other losses from the rear-end collision.

Why Hire Hamparyan Personal Injury Lawyers?

When it comes to protecting your rights after an accident and maximizing your financial recovery, it’s crucial to have an experienced legal advocate in your corner from the very start. That’s where Hamparyan Personal Injury Lawyers can help. We’ve secured over $100 million in settlements and verdicts for our clients, including:

• $17.5 million for auto-versus-truck accident settlement
• $13.5 million verdict for trucking accident
• $13 million wrongful death settlement
• $12.8 million verdict for a car-versus-car collision
• $12 million verdict for a traumatic brain injury
• $8 million verdict in a trucking accident case.

Our team is led by Robert Hamparyan, a San Diego native who has been named a Top Trial Lawyer and inducted into the American College of Trial Lawyers. With over 20 years of experience, Robert has an unmatched understanding of how insurance companies operate and what it takes to build a successful personal injury case.

We operate on a contingency fee basis, so you pay no out-of-pocket costs. 

Our fees are paid from a percentage of any compensation we obtain on your behalf. If we don’t recover compensation for you, you owe us nothing. Your initial consultation is also free and completely confidential. We’ll take the time to understand your unique situation, answer all your questions, and map out the best path forward for your case.

Don’t try to navigate this complex legal process alone after an accident. Put your trust in the proven professionals at Hamparyan Personal Injury Lawyers. Call us anytime at (619) 550-1355 to get started with a free case evaluation.