Michigan Lawyers Explain What to Do After a Car Accident

Legally Reviewed and Edited by: Terry Cochran

In the aftermath of a car accident, it’s common to feel overwhelmed by the damage to your vehicle, possible injuries, and the anxiety resulting from car collisions. Not knowing what to do after an accident can cause you to make a mistake, such as posting on social media or accepting a lowball settlement.

If you take the wrong action, you may miss out on the compensation you’re owed for damages incurred due to another driver’s negligence. Explore the steps to take after a car crash and how the Michigan car accident lawyer at Cochran, Kroll & Associates, P.C. can help you recover the compensation you deserve.

Steps to Take After a Car Accident

Following a car accident, the immediate steps you take can help you preserve evidence and make a successful claim for compensation to cover the costs of your injuries and other damages. For example, seeking immediate medical attention for injuries can document their severity and provide receipts for your expenses.

If you are involved in an accident in Michigan, take the following actions and work with an experienced attorney for the best outcome in your case:

Seek Medical Attention

It’s crucial to seek medical attention as soon as possible after a crash. Never skip out on getting medical attention just because you don’t feel any pain or don’t think you’ve been seriously injured in the accident.

Getting into a car accident causes the body to release adrenaline, which can mask injury symptoms until hours or days after the incident. Some injuries, like whiplash or traumatic brain injuries, may take days or weeks to show signs.

Michigan auto law requires all drivers to have Personal Injury Protection (PIP) benefits to cover medical treatments. If you wait too long to seek medical care, your no-fault insurance may deny your claim because it’s not clear that your injuries resulted from the accident.

Getting treatment from a doctor or hospital gives you medical records that show the extent of your injuries. You can share these records with your attorney so they can use them to get you adequate compensation.

Quickly receiving medical attention will also work in your favor if you file a claim against the other driver. To file a personal injury claim after a car accident, your injuries must have resulted in life-altering impairment of bodily function and have observable symptoms, per Michigan’s severe injury threshold.

Call the Police

Most insurance companies require a copy of a vehicle accident report when filing an insurance claim. Call 911 and tell the operator you’ve been in a car accident. Ask them to send the police so they can file an accident report, which you can use to support your accident claim.

Filing a police report provides documentation of the accident and may contain factual evidence as observed by the police officer. Police reports often note helpful facts such as:

• Time and date of the accident
• Make, model, and license plates of the vehicles involved
• Witness information
• Contact information of all parties involved
• Weather or traffic conditions
• Assessment of fault based on observed evidence like skid marks, radar speed detection, or dash cam footage

You or your attorney can obtain the report online at Michigan’s Traffic Crash Purchasing System website and use it to support your compensation claim.

Document the Scene of the Accident

If possible, document the accident scene before the other driver leaves. If you file a personal injury claim against them, you must prove your injuries’ seriousness to get compensation.

Car accident claims can take months or years to settle. Your attorney can use photos or videos you take to demonstrate your injuries and the accident conditions at the time of the crash.

Take pictures or videos of any damage to your car, the other driver’s car, or damage to property other than your vehicle to document the accident scene. Also, document any street signs, traffic lights, skid marks, traffic cameras, weather conditions, or other relevant evidence. Your attorney can use footage or pictures to piece together what occurred and build your case for an insurance claim.

Get the Other Driver’s Insurance Information

After a car accident, both drivers’ insurance companies must establish a clear picture of the accident. While Michigan uses no-fault laws in car accidents, insurance companies must determine which driver was responsible for the accident in case of a personal injury claim.

As soon as possible after the incident, speak to the other driver and write down their:

• First and last name
• Contact information, including address, phone number, and email
• Car insurance provider
• Policy number
• Driver’s license information
• License plate number

Your attorney can use this information to file a claim with the negligent driver’s insurer for a personal injury claim.

Talk to Witnesses

Nearby pedestrians may be able to provide more details of the crash to the police, which can paint a clearer picture of the accident to car insurance companies. If witnesses are nearby, consider asking if they would be willing to provide a statement to an attorney for your case. If they agree, write down their name and phone number so you can give it to your lawyer.

You may also ask if they can make a video statement right away. An immediate report may yield more detailed information than if you ask them months later because the details are easily remembered right after the collision.

Even if you aren’t able to talk to witnesses, you may be able to acquire evidence of the crash later on. For example, a traffic or security camera may have captured footage of the accident. Your attorney can give you or the other driver’s insurance company the footage if the other driver tries to claim you caused the accident.

Get an Attorney

Car accident victims often encounter unexpected challenges after a crash. For example, your insurance company may offer you a settlement that doesn’t fully compensate your losses, or the other driver may lie to their insurance company about the circumstances of the accident.

Hiring a skilled auto accident attorney is critical to receiving a fair settlement. The attorneys at Cochran, Kroll, & Associates, P.C. can help you through every step of the claim filing process to ensure you feel safe and supported during your case.

We will investigate the accident to determine fault, gather evidence on your behalf to support your claim, and file the appropriate paperwork with your no-fault benefits or the other driver’s insurance. We will also negotiate with insurance companies to ensure you get the maximum settlement possible and represent you in court if necessary.

File a Claim with Your Insurance

Working with your attorney, you can file your car accident claim with the appropriate party. Since Michigan is a no-fault state, you will first file for PIP benefits with your insurance company.

In a PIP claim, your insurance company will compensate your financial losses, including economic damages like medical bills, lost wages, or the cost of adapting your house for a resulting disability. Your lawyer will help you obtain a copy of the police report, document your financial losses, file a claim with your insurance, and negotiate an appropriate settlement.

If your injury expenses exceed your PIP benefits coverage, your lawyer will help you file a personal injury claim against the at-fault driver’s insurance for your damages. You may also seek non-economic damages by filing a lawsuit in court. Non-economic damages include incalculable costs like pain and suffering, loss of consortium, or loss of enjoyment of life.

What to Avoid After a Car Accident

After a car accident, some actions can prevent you from receiving adequate compensation from your insurance company or put you at a significant disadvantage in a personal injury claim. Avoid the following activities, so you don’t jeopardize your claim:

Don’t Talk to the Other Driver’s Insurance Company

The other driver’s insurance company may contact you to ask for your version of events, request a statement, or sign a release. However, you should never talk to the other driver’s insurance company for any reason. It’s most likely that the insurance company is trying to get you to admit fault and can use anything you say to work against you.

Being at fault for an accident doesn’t prevent you from recovering compensation for your medical expenses. However, it can place you at risk of receiving less compensation than you deserve per Michigan’s modified comparative fault doctrine. Instead of talking to the insurer, have your Michigan car accident lawyer speak to them to protect your rights.

Don’t Post on Social Media

Posting on social media after an accident can harm your chances of getting a fair settlement. Anything you post can be used against you in your insurance claim, potentially reducing your total compensation or barring you from receiving a settlement.

For example, if you post a picture of you attending an event after the accident, the at-fault driver’s attorney or insurance company could use your posts to claim that you were not seriously injured. Avoid social media until after your case is resolved for the best outcome.

Don’t Agree to a Settlement Right Away

While it can be tempting to accept a settlement offer immediately, the insurance company’s initial offer is unlikely to cover all the financial losses you suffered due to the car crash.

If the company offers you compensation, take it to your attorney instead. Your attorney can determine whether the settlement amount is fair and negotiate a better settlement that includes all your estimated damages.

Schedule a Free Consultation With Cochran, Kroll, & Associates, P.C.

Taking the proper steps after a car crash can protect your rights and ensure you have the best chance of receiving a fair settlement. The Michigan car accident lawyers from Cochran, Kroll & Associates, P.C. can provide the legal advice and representation you need to win your case and start on the path of financial recovery after an accident.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.