After a car accident, call law enforcement, stay at the accident scene, and document everything. Take photos of the car crash, note property damage, and record car accident injuries from minor injuries to severe injuries. Gather witness details, seek immediate medical treatment, and keep records of medical expenses and personal injury claims.
At Vaughn A. Wamsley, we help injured persons build strong claims after automobile accidents. Our team collaborates with medical professionals to ensure a proper diagnosis, gathers police reports and evidence, and counters insurance company tactics that aim to minimize your compensation. Don’t let adjusters downplay your accident injury or the pain it caused. Call us today for a consultation and let us fight for the full recovery you deserve.
What Steps Should You Take After a Car Accident to Protect Your Rights?
The first step that you should take right after a car accident is to call 911 and document the accident scene with photos and videos from multiple angles. Then, capture visible property damage, debris from the car crash, and surrounding road conditions. After that, seek medical treatment, write down everything you remember, and check for nearby security cameras. These steps are important because many car accident injuries, from soft tissue injuries and whiplash to head injuries or even a traumatic brain injury, may not show symptoms right away.
Then, contact your insurance company, save all records of medical expenses, and review your policy to understand coverage. Most importantly, consult a personal injury lawyer to secure your rights. An attorney will protect the injured. An experienced person from tactics that minimize personal injury claims, fight for full recovery of lost wages, medical care, and compensation for pain and trauma.
At Vaughn A. Wamsley, we prove ourselves as the best Indianapolis Personal Injury lawyers by gathering evidence, working with your medical team for a proper diagnosis, and building strong personal injury cases. We pursue every legal option to make sure accident victims don’t lose the fair compensation they deserve after an automobile accident.
Step 1 – Call 911 immediately
Calling 911 and filing a police report creates a legal record of the car accident. It confirms when, and the videos document whether there were severe injuries, minor injuries, or fatal injuries. Insurance companies and courts rely on this documentation to verify your personal injury case. Always request a copy of the report, as it plays a key role in supporting your claim later.
Step 2 – Seek Medical Care
Even if you feel fine, see a doctor right after the car accident. Some accident injuries, especially whiplash injuries, soft tissue damage, or head injuries, don’t show symptoms right away. For example, medical studies reveal that injuries resulting from crashes can cause long-term harm even when initial scans look normal. That’s why you should never skip a medical checkup or delay tests like CT, MRI, or X-ray. This medical proof supports your personal injury claims for medical expenses, lost wages, and pain and suffering. Without it, the insurance company may challenge or deny your case.
Step 3 – Take Photos and Videos
Photos and videos help recreate the accident scene later. It shows property damage, skid marks, debris, and vehicle positions. This visual proof strengthens your case, supports your personal injury claims, and may even help prove negligence. If your case goes to court, these images will be essential in showing the extent of your accident injury and financial losses.
Step: 4 – Look for Security Cameras Nearby.
After documenting the car crash, check the area for traffic or security cameras. Surveillance footage can capture details of the collision, including the other driver’s behaviour. Police often rely on video evidence in civil cases to verify the circumstances of motor vehicle crashes. According to a 2017 study, police used video evidence in 45% of cases and found it helpful in 65% of those. Nearby homes, stores, or intersections may also have cameras that record valuable details. This video can strengthen your personal injury case and help establish liability.
Step: 5 – Contact Your Insurance Company
Call your insurance company promptly to report the automobile accident. Reporting officially starts your claim and ensures proper documentation. Then, provide the police report, accident photos, and all medical records to support your claim. Insurance adjusters may try to minimize your accident and injury damages, so be cautious about giving detailed statements before speaking with a lawyer.
Step: 6 – Consult a Personal Injury Attorney
Contact a lawyer immediately after a car accident. An experienced attorney understands tort law, negotiates with the insurance company, and builds strong personal injury cases. At Vaughn A Wamsley, Indianapolis Personal Injury Lawyer, we gather evidence, speak with witnesses, handle other claims, and fight for compensation covering medical expenses, lost wages, and the pain caused by serious injury. We protect every injured party from unfair tactics and pursue the maximum settlement under the law.
Who Pays for Damages in a Car Accident?
In a car accident, several types of insurance coverage may apply to cover property damage, medical expenses, and other losses. Depending on your policy and state law, you may rely on collision coverage, Personal Injury Protection (PIP), Medical Payments (MedPay), or uninsured/underinsured motorist (UM/UIM) coverage. Here’s how each option may help protect your rights and support your personal injury case:
1. Collision Coverage
Collision coverage pays for repairs to your vehicle after a car crash, regardless of who was at fault. This optional coverage helps restore your car after rear-end collisions, side impacts, or other automobile accidents. Keep in mind, you must pay your deductible, usually $250 to $1,000, before benefits apply. However, collision coverage won’t cover medical expenses or treatment. It is strictly limited to vehicle repairs and property damage from the crash.
2. UM/UIM Coverage
Uninsured/underinsured motorist coverage applies if the other driver has no insurance or not enough coverage. In personal injury claims, UM/UIM can pay for your medical care, lost wages, and pain. It’s especially valuable when dealing with accident and injury cases involving serious injury or severe injuries that require long-term physical therapy. Reviewing your policy to confirm UM/UIM protection is one of the most important things you can do after a motor vehicle crash.
3. Personal Injury Protection (PIP)
PIP covers medical treatment, partial lost wages, and other accident-related costs, no matter who caused the car accident. Many states require drivers to carry at least a minimum amount of PIP. This coverage ensures that an injured person receives immediate medical attention without waiting for liability disputes to be resolved. It helps pay for common injuries such as whiplash, soft tissue injuries, or a broken bone, allowing victims to recover quickly.
4. Medical Payments Coverage (MedPay)
MedPay works alongside PIP to handle bills that PIP doesn’t fully cover. It pays for co-pays, deductibles, and additional medical expenses after an accident injury. For the injured party, MedPay reduces out-of-pocket costs and guarantees access to medical professionals and the necessary medical care. This coverage is particularly helpful in cases of head injuries, soft tissue damage, or when treatment requires follow-ups with a full medical team.
What is the Statute of Limitations to File a Car Accident Claim?
In Indiana, the statute of limitations for filing a personal injury claim after a car accident is typically two years from the date of the crash. For property damage, you generally have up to three years to file a separate claim. If you miss these deadlines, the law may prevent you from recovering compensation for medical expenses, lost wages, or pain caused by the accident injury.
To protect your rights, consult an Indianapolis personal injury lawyer as soon as possible. At Vaughn A Wamsley, Indianapolis Personal Injury Lawyer, we act fast to preserve evidence, file claims on time, and hold the at-fault driver accountable.
How Does Indiana Law Apply to Car Accidents?
Under Indiana tort law, drivers involved in a car accident must stop immediately, exchange information, and provide assistance to anyone who is injured. Failing to do so may result in criminal penalties, higher insurance premiums, and suspension of a driver’s license. Moreover, the person bringing a lawsuit can file civil personal injury cases or civil cases to recover damages for medical treatment, lost wages, pain, and trauma.
If negligence, distracted driving, or other causes like poor road conditions contributed to the crash, victims may pursue full compensation. Along with medical care and physical therapy, damages may include death benefits in cases of fatal injuries.
How Can Witness Testimonies Strengthen Your Car Accident Case?
Witness testimonies support your personal injury case by confirming what happened and identifying details about the car accident. They may describe how the crash occurred, the direction of travel, or the other driver’s behaviour before impact. This evidence helps prove negligence, supports your statement, and shows that you were not at fault for the accident and injury. Reliable witness statements also strengthen personal injury claims or lawsuits by adding credibility and clarity when physical evidence is limited.
Vaughn A Wamsley — Indianapolis Personal Injury Lawyer Fighting for Accident Victims
Getting fair compensation after a car accident can be stressful and overwhelming. You may be facing medical expenses, costly property damage, and weeks of lost income from lost wages. On top of that, you could be struggling with soft tissue injuries, head injuries, or even a traumatic brain injury. Insurance companies often delay or deny claims, especially when strong evidence is missing. Without legal help, an injured person risks missing deadlines, losing valuable testimony, or failing to prove fault in personal injury cases.
That’s why at Vaughn A. Wamsley, we work quickly to gather evidence, locate witnesses, and review police reports to build a strong case. Our attorneys handle everything from filing your personal injury claims to negotiating with the insurance company and pursuing full compensation. We fight for coverage of your medical care, physical therapy, and damages for your pain and trauma. Contact Us today for a free consultation or visit us at 851 S Rangeline Rd, Carmel, IN 46032 and let us protect your rights after an automobile accident.
FAQs:
Can I File a Personal Injury Claim Without a Police Report?
Yes, you can file a claim, but it’s harder to prove fault without documentation of the accident scene. Insurance companies rely on police reports to verify property damage and injuries resulting from the car crash. Without a report, they may dispute or deny your personal injury claim. Always report the accident to law enforcement immediately.
Is There a Time Limit to Get Medical Attention After an Accident?
Yes. Delaying medical treatment may cause your insurance company to deny coverage. Some common injuries, like whiplash, soft tissue damage, or head pain, appear days later. Seeking immediate medical attention ensures proper documentation and strengthens your personal injury case.
Will My Insurance Rates Increase After a Car Accident?
Yes, your rates may rise, even if other causes of the crash weren’t your fault. Many insurers treat civil cases from motor vehicle crashes as at-fault. Protect yourself by gathering witness statements, documenting the accident injury, and consulting a lawyer before speaking with the insurance company.
What If I Don’t Have All the Details of the Other Driver?
You can still pursue compensation. Document property damage, collect witness statements, and note everything you remember about the circumstances of the crash. Even small details help your attorney prove negligence and build a stronger case for the injured party.
Can I Claim for Emotional Distress After a Car Accident?
Yes, you can include psychological injuries like anxiety, PTSD, or nightmares in your personal injury cases. Clear medical records from medical professionals show how the accident injury affected your life, body, and health. This ensures compensation covers both physical and emotional harm.
How Long Does It Take to Resolve a Car Accident Claim?
It varies. Minor cases with minor injuries may resolve in weeks, while severe cases involving fatal car wreck injuries or serious injury like brain damage can take months or longer. Working with an attorney speeds up the process by handling evidence, insurers, and filing deadlines under tort law.
What If I Was Partly at Fault in a Car Accident?
You may still recover damages. Under Indiana’s comparative fault system, an injured person can receive compensation if less than 50% at fault. However, recovery is reduced by your share of fault. For example, if you’re 30% responsible, you can still recover 70% of damages for medical expenses, lost wages, treatment, and pain.
