What To Do After a Car Accident, Step by Step

Make a plan to protect yourself physically and legally with this walkthrough of what to do after a crash.

In the safety of our homes, browsing the internet, we all think that we know what to do after a motor vehicle accident.

We understand in theory what we need to do. We should tend to our injuries, call the police, get the facts, and watch out for damage to our cars.

We’ve seen people on TV shows making poor decisions after an accident, and swear that won’t be us.

When it’s actually happening to you, though, what you need to do is not always so clear. Stress, injuries, and money concerns can cloud our thinking. They cause us to overlook things that might be obvious in normal circumstances. It’s important to make a plan for what to do in the event of an accident before it happens.

This article will help you make your own post-accident checklist, or use a ready-made car accident information form. Either way, have a plan in place before the accident so that you can be safe and effective if it happens.

Check Your Surroundings

Hat cone traffic lined up on the street

The entire point of having an accident plan is to keep yourself safe. If you have just been in a car accident, the first thing to do is make sure that you and your fellow passengers are not in any more danger.

If your car is smoking or you are in the middle of a busy road with a lot of ongoing traffic, you need to take actions to ensure safety before anything else.

If you and your passengers do not have serious injuries and can safely move, get out of harm’s way before anything else. Moving an accident victim before they have had medical attention is rarely wise. In a life-or-death situation, though, you may not have the luxury of a choice.

If you or your passengers are unable to move, the first thing to do is call 911. You must be able to plan for a way to safely exit your vehicle in the event that emergency services cannot get there fast enough.

You may want to have tools in your car, like seatbelt cutters and windshield breakers, which can assist you in getting out of a car quickly. Emergency flashlights that don’t require batteries are useful for nighttime car crashes.

Once you have ensured your safety and that of your co-passengers, you’re ready to assess injuries.

Check for Injuries

Paramedics placing a cervical collar to an injured woman in car

Your first priority should always be your health and well-being, as well as that of your co-passengers.

Car crashes are literally impacts between vehicles weighing over 2,000 pounds. With so much mass moving so quickly, you don’t need to have a high-speed crash to suffer serious injuries.

After ensuring safe surroundings, check yourself and your passengers for injuries caused by the impact.

Head injuries are hard to spot but very serious. Concussions are common in car accidents, and can manifest as headaches, confusion, nausea, or an inability to stay awake.

Even if you don’t notice obvious head injury symptoms in yourself or your companions, see a doctor or other medical professional after the accident to rule out a concussion.

Finally, if you or your co-passengers have pre-existing medical conditions, it’s extremely important to determine if the accident made it worse. For example, let’s say you had back surgery five years ago, and the auto accident aggravates your old injury, leaving you unable to walk.

Even if the accident by itself was not enough to paralyze you, whoever caused the collision is still liable for making your old injuries worse. You must be aware of how the accident affected your body and get evaluated as soon as possible.

Check on the Other Driver

Two men making an agreement after a car accident

If you are not in immediate danger and you can safely move without injuring yourself, check in with the other motorists and their passengers.

Apart from making sure they are okay, you also need to exchange information.

At the very least, you need to get the other driver’s license plate number, and the make and model of their car. This information can be used to track down the driver if they flee the accident scene.

Assuming the other motorist stays on the scene, you should also exchange contact information, including names and phone numbers. If possible, use your cell phone to call the telephone number while you are at the scene of the car accident to ensure that it’s a functioning number.

Of course, you should also exchange insurance policy information. Ask to see the other driver’s insurance card with the policy number. Motorists are required to keep proof of their insurance policy in their car by law, though it may be a digital card or a cell phone application in some states.

Finally, take photographs of the cars, the scene of the accident, any injuries you may have, and the other driver if possible. Photographs give you important details and may even be used as evidence if there is a later dispute about the car accident.

Check In With the Authorities

Police flashing blue lights at accident damaged car
After the other items on your checklist are taken care of, your attention should turn to obtaining a police report.

When police officers show up, they will interview you, the other motorist, and any witnesses. They will also examine the scene and the vehicles to prepare their official crash report.

The police report will establish who was responsible for the accident.

The police report is an important document in the auto insurance claim process and in personal injury lawsuits.

When making a claim with the responsible driver’s insurance company, coverage will depend upon whom the police determined was responsible for the accident.

And if you have to file a lawsuit to recover for your injuries, the police report is a valuable tool for telling your story to a jury. The police report serves as an impartial, third-party view of what happened. It will also contain the name and badge number of the responding police officer, who can be a helpful witness to have at trial.

Therefore, while arranging for a copy of the report should not be the first priority on your checklist, a police report is a very persuasive way to show which motorist is at fault.

Check for Other Evidence

CCTV camera placed on road

Finally, don’t forget about any other evidence that may exist at the scene of the accident.

Paying attention to your surroundings at the time of the accident can help you later, when you need funds to repair your vehicle or for medical bills.

If you crashed near a private business, there may be security cameras that captured what happened.

There may also be witnesses who caught details crucial to helping you establish your right to compensation.

Even if your accident is by the side of the road with nothing else around, pictures of the environment and road conditions can be helpful.

Making a Checklist Now Can Make Your Life Easier Later

Accidents, by their nature, are unpredictable and chaotic. It’s very difficult to know what to do when you are injured or worried about the future. The best thing you can do to make the right decisions when an accident happens is to plan for it now.

Make a checklist with the information in this article or print off a free ready-made accident information form.

If you’re injured in an automobile accident, you also need to make sure that you are fairly and fully compensated for your injuries. Contact a qualified personal injury lawyer in your state for a free consultation and case evaluation.

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What to Do After an Alabama Car Accident

How to protect your health, safety, and right to injury compensation after an auto accident in Alabama.

Every four minutes there’s a traffic accident in Alabama. Whether you’re in a fender-bender or a serious collision, knowing what to do after an accident can help protect you legally, and help preserve your right to compensation from the at-fault driver.

1. Stop At the Accident Scene

If you’ve been in a car crash, Alabama state law says you must stop at the scene of the accident.

If there was no apparent injury or death, the driver is not impaired, and the vehicle can be safely moved from the roadway, then the driver can move the vehicle to the shoulder, emergency lane, median, or other location close to the accident site.

Exchange Driver Information

At the scene of the accident, don’t apologize to the other driver or make excuses for what happened. Simply exchange information as required by Alabama law. An Alabama driver involved in an accident is required to give their name, address, and vehicle registration number to the driver or occupant of the other vehicle.

Hitting a Parked Car in Alabama

You are legally obligated to stop at the scene if you hit a parked car, light pole, fence, or any other property in Alabama.

When you hit an unattended vehicle:

  • Notify the driver or owner of the car you hit and give them your name and address
  • If you cannot find the vehicle’s owner, you must leave a note listing your name and address

If you don’t own the car you’re driving, you also need to provide the owner’s name and address.

If you cause damage to property other than a car:

  • Make a reasonable effort to notify the property owner
  • Give them your name, address, insurance information, and your car’s registration number
  • Show your driver’s license to the owner if they ask to see it

2. Assist the Injured and Call 911

If anyone is injured and requires medical assistance, you must help them. Alabama law requires that you “render to any person injured in such accident reasonable assistance.” This includes providing first aid if you can, and making arrangements for them to get medical treatment by calling 911.

Give the 911 operator the following information:

  • Location: Be specific. Look for street signs, highway mile markers, traffic signs, and other landmarks. Report the nearest intersection and what side of the road you’re on. The more specific you are, the faster emergency personnel can respond.
  • Injuries: Tell the 911 dispatcher if there are obvious injuries, if anyone was ejected from a vehicle, or if anyone involved is complaining of pain or discomfort.
  • Accident Scene: Tell the operator about any hazards at the scene, such as spilled fuel, overturned vehicles, or downed electrical wires.

If police respond to the scene, Alabama law requires them to investigate and file a police report within 24 hours.

3. Seek Immediate Medical Attention

Don’t tell everyone you’re fine and don’t refuse medical help at the scene. The insurance company can then challenge your claim, arguing that either you weren’t hurt “that bad” or your injuries were not caused by the collision.

If paramedics arrive on the scene, let them evaluate you. Tell them how you feel and what symptoms you experience. If they want to take you to the hospital for treatment, go with them. If you are not transported to the emergency room from the scene, see your own medical provider or go to an urgent care center as soon as possible, preferably on the day of the crash.

Tell your medical providers when and how you were injured. Detail all your injuries and symptoms, not just the main or worst symptoms. You deserve treatment and compensation for all your injuries, so make sure everything is included in your medical records.

Refusing or delaying medical attention gives the at-fault driver’s insurance company an excuse to deny your claim. The adjuster will say your injuries are not related to the accident. If you are worried about payment, there are ways to get your medical care paid for after an accident.

4. Begin Collecting Evidence to Support Your Claim

The minutes after an accident may seem chaotic and confusing, but they can also be the most important to your claim. This is when you must gather any evidence you can. As time ticks by, physical evidence left at the scene will disappear, along with the people who can help you prove your case.

If you are able to safely move around at the scene, try to get:

  • Photos and video: Take as many pictures as you safely can. Take a video of the scene, showing the position of the cars and the surrounding area. Get close-up pictures of the damage to the vehicles from different angles.
  • Witness statements: Witnesses aren’t legally required to stay at the scene. Get the contact information for anyone who witnessed the accident as soon as possible. If they are willing, take a video of the witness describing what happened.
  • Vehicle information: Write down the make, model, year, license plate number, and expiration date of the other vehicles involved.
  • Driver information: Get the other driver’s full name, home and business address, telephone numbers, email addresses, date of birth, and driver’s license number. If the driver isn’t the owner of the car, get the owner’s contact information as well.

Begin taking notes as soon as possible after the accident. Write down the date and time, and everything you remember leading up to the crash and immediately afterward. Include details about the weather, road conditions, the angle of the sun, and what the other driver said or did.

Passengers are not obligated to share their names or contact information with anyone other than a law enforcement officer. However, there’s nothing to stop you from jotting down your observations, including the apparent age and gender of the passengers, a physical description, and visible injuries.

5. Report the Accident to Police

If police respond to the scene, you won’t need to notify them. Their auto accident report creates an official record of the incident.

As the claimant (or plaintiff in a personal injury lawsuit) the burden is on you to prove the other driver negligently caused the accident. The police accident report will go a long way towards proving the other driver’s fault, especially if they were cited for traffic violations. The details of the police report may be your strongest evidence.

To obtain a copy of a “Crash Report,” visit the Alabama Law Enforcement Agency website. There is a reasonable fee for a copy of an accident report, which can be paid with all major credit cards.

Police may not respond to fender-benders or accidents without reported injuries, leaving it up to the drivers to notify law enforcement. If you were only in a minor collision with no injuries, you can notify the appropriate Alabama law enforcement agency afterward.

Alabama law requires drivers involved in an accident to notify:

  • The local police department, if it occurred within city limits.
  • The sheriff’s department, if outside a municipality but within county lines.
  • The Alabama State Highway Patrol, if it occurred on a state highway.

6. Notify Your Insurance Company

Auto insurance policies are legally binding contracts between the policyholder (you) and the insurer. Your auto policy likely contains a Notice of Occurrence and Cooperation clause. This requires you to contact your insurance company after an accident and cooperate with their investigation.

Example of a Cooperation and Notice of Occurrence clause:

“Insured agrees to notify the underwriter ABC Insurance of any accidents and thereafter with all information, assistance and cooperation which ABC Insurance reasonably requests and agrees that in the event of a claim the insured will do nothing to prejudice ABC Insurance position….”

Your insurance company needs to hear your point of view before speaking with the other driver and their insurance company. Hearing your version of events helps them effectively defend you, especially if the other driver insists you were at fault.

Your insurance company has a duty to defend you when the other driver blames you for their injuries and files a lawsuit against you.

7. Notify the At-Fault Driver’s Insurance Company

After an Alabama car accident, you are entitled to seek compensation for your property damage and personal injuries from the at-fault driver.

You or your attorney will send a notice of intent to file an injury claim to the at-fault driver’s insurance company shortly after the accident. The insurance company will acknowledge your notice with a claim number and may assign an adjuster to your claim.

If you already have an attorney, the insurance company is not allowed to contact you directly. If you sent the notice on your own, the adjuster will try to contact you and may ask for a recorded statement. You don’t have to give one without an attorney present. Never give a statement when you are in pain, tired, upset, or nervous. The adjuster is trained to ask leading questions and get you to say things that will hurt your claim.

Shared Blame Can Kill Your Case

Because Alabama is a pure contributory negligence state, your claim will be stronger if you can establish upfront that you did nothing to contribute to the accident.

Under pure contributory negligence rules, you could be banned from claiming any compensation from the at-fault driver if you share as little as 1% of the fault for causing the collision. The police report will help prove you are not to blame, and independent witness statements can underscore that you could not have avoided the crash.

8. Consult a Car Accident Attorney

If you’ve fully recovered from minor injuries, and only want reimbursement for your trip to urgent care and other small costs, you may decide to handle your own insurance claim.

If you don’t want to deal with the other driver’s insurance company on your own, you suffered serious injuries, or if your claim is complicated, you owe it to yourself to speak with a personal injury attorney before deciding how to proceed.

Complicated injury claims may include:

  • Assertions of shared blame
  • Wrongful death
  • Multiple-vehicle accidents
  • Uninsured or underinsured motorists

Compensation amounts for injury claims are directly related to the victim’s damages. These include total economic losses related to the accident, and an amount for the victim’s pain and suffering.

Most injury law firms offer a free consultation to accident victims. Gather your medical records, police report, witness statements, and other evidence related to the accident. Bring all your documentation to the initial consultation with the attorney.

A personal injury lawyer will review your case, estimate the settlement value of your claim, and discuss potential legal complications. There’s no obligation.

The attorney-client relationship is important. You can meet with more than one attorney to find the right fit for you and your family. Most injury attorneys work on a contingency fee basis, meaning the attorney is not paid unless they settle your claim or win your case in court.

What to Do After an Iowa Car Accident

A successful injury claim starts at the scene. Here are the steps you need to take after an Iowa car accident to protect your interests.

There are close to 50,000 vehicle crashes on Iowa roads in a typical year, resulting in more than 18,000 injuries and more than 300 fatalities.

Here’s what you can do after an Iowa car accident to ensure your safety and help build a strong claim for injury compensation.

1. Remain At the Accident Scene

Iowa drivers are required by law to stop at the scene of a crash when anyone has been killed or injured. If your car can be moved, try not to obstruct traffic more than necessary. If the accident only involves property damage, you’re still required to stop at the scene and make sure there are no injuries.

Duty to Exchange Information

If you were driving, you must provide your name, address, and the registration number of the vehicle you were operating to police and the other driver. You must also display your driver’s license upon request.

Hitting Parked and Unattended Vehicles

When you hit an unattended vehicle, stop at the scene. Locate the driver or owner of the vehicle you hit and share your name and address. If you don’t own the car you’re driving, you’ll also have to provide the owner’s name and address.

If you can’t find the other car’s driver, leave a note on the vehicle with your name and address, the name and address of the owner of the car you were driving (if the car isn’t yours), and an explanation of what happened.

2. Help and Report: Call 911

Anytime an accident in Iowa involves death or injury, drivers must contact the local police immediately, by the fastest method available. Calling 911 meets your legal obligation to report a motor vehicle crash resulting in death or injuries.

Duty to Render Aid to the Injured

Drivers are obligated to render aid to the injured, including arranging for the injured person to be transported to a medical facility. In most cases, you meet that obligation by calling 911 to report the crash. Until help arrives, your must offer “reasonable assistance” to the extent you are able.

Driver’s Reporting Obligation

Unless the police are already investigating the accident, drivers are required to notify the Iowa Department of Transpiration (DOT) of any accident occurring within the state causing death, personal injury, or total property damage of $1,500 or more.

The report can be made by submitting an Iowa Accident Report form to the DOT within 72 hours of the accident. The form must be filled out completely. Drivers who fail to promptly report an accident can lose their driving privileges.

3. Seek Prompt Medical Treatment

Never refuse medical attention at the scene of a traffic accident. The shock and adrenaline rush after a collision is normal – and can easily mask symptoms of serious injuries. Refusing or delaying medical care after an accident gives the at-fault driver’s insurance company a good reason to fight your claim.

Let paramedics evaluate you after a crash. Report all your injuries and symptoms, including headache, nausea, or dizziness. If you aren’t transported to the hospital emergency room from the scene, have someone take you to your family doctor or urgent care the same day.

Tell your medical provider how and when you were injured. Be sure to disclose every ache, pain, bump and scrape. You are entitled to seek insurance compensation for all your injuries, not just the most painful or urgent injury.

For full compensation, all your injuries must be linked to the accident. Having each injury listed in your medical records is compelling evidence that your injuries were directly caused by the accident.

4. Start Collecting Evidence

In Iowa and other “tort” states, the at-fault driver’s insurance company won’t pay your claim without proof their insured was to blame. The burden is on you to prove the other driver did something wrong and caused the accident.

  • If you can safely move around without risking further injury, take photographs and video of the accident scene. Take pictures from different angles, including close-ups of the damage to each vehicle, debris in the road, and a long shot or video of the scene. You can’t take too many pictures.
  • Get the names and contact information of any witnesses to the accident and its aftermath.
  • The police crash report will help prove the other driver’s fault, especially if they were ticketed for a traffic violation.
  • As you recover, you’ll collect copies of your medical records and receipts for out-of-pocket medical expenses.
  • It’s also helpful to keep an injury diary, where you will make detailed notes about your pain levels and other ways the crash has impacted your activities of daily living.

Requesting the Crash Report

A copy of the police officer’s accident report is available for a small fee. Police reports may only be given to persons involved in the accident, their attorney, insurance companies or insurance agents.

Copies of a driver’s accident report can also be requested. To obtain a copy of an accident report you submitted within the last 10 years, send a written request with the date of the accident, and your name and driver’s license number.

Mail your request to:

Iowa Department of Transportation
Office of Driver Services
P.O. Box 9204
Des Moines, Iowa 50306-9204

5. Notify Your Auto Insurance Company

Every personal auto insurance policy has a provision that requires the policyholder to notify the company after an accident. You are contractually obligated to notify your insurance carrier, even if the accident wasn’t your fault or the other driver uses the same insurance company.

If you purchased optional MedPay or Collision coverage, you may use those coverages until your claim settles with the other driver’s insurance. Similarly, you might need to file a claim under your own uninsured or underinsured motorist coverage, if available.

Your insurance company has obligations, too. They have a duty to defend you if someone involved in the accident decides to sue you for injuries. However, you may lose that protection if you violate your policy’s notification clause.

6. Notify the At-Fault Driver’s Insurance Company

Notify the at-fault driver’s insurance company of your intent to file an injury claim as soon as possible after the crash. You do not have to wait until you’re fully recovered to give notice.

The insurance company will typically respond with a Reservation of Rights letter that essentially says that while they are investigating your claim, they make no promise to pay for your damages. You’ll be given a claim number, and your claim may be assigned to an insurance adjuster.

Be careful if the adjuster asks you to give a recorded statement. You don’t have to give a verbal recorded statement without your attorney present. Adjusters are trained to get you to say things that can hurt your claim.

If you hire an attorney, you won’t have to deal with the insurance company. The adjuster has to communicate with your attorney, and will no longer be allowed to contact you directly.

Iowa Minimum Auto Insurance Limits

Iowa requires drivers to carry an auto insurance policy with a minimum bodily injury coverage of $20,000 per person and $40,000 for two or more people per accident. Many drivers carry higher limits.

7. Consult a Car Accident Attorney

If you have recovered from minor injuries after a fender-bender, you may decide to handle your own claim. You can probably get the adjuster to pay your medical bills and a little bit more for your inconvenience.

Serious injuries and complicated accident claims should always be handled by an experienced personal injury attorney. This ensures the best outcome for victims and their loved ones.

Complicated injury claims include:

  • Wrongful death
  • Allegations of shared fault
  • Multi-vehicle accidents
  • Injuries to a minor child

Most injury law firms offer a free consultation to car accident victims. If you decide to hire a lawyer, they typically work on a contingency fee basis, meaning they only get paid if they settle your claim or win your case in court.

What to Do After a Hawaii Car Accident

How to protect your health, safety, and right to injury compensation after a motor vehicle accident in Hawaii.

More than 500 people are seriously or fatally injured each year in Hawaii motor vehicle accidents.¹

This page details what you need to do after a car accident in Hawaii to protect your interests and begin building a strong personal injury claim.

1. Stop At the Accident Scene

Hawaii requires drivers to stop and remain at the scene of an accident involving injuries, death, or property damage. Try not to block traffic, and be very careful exiting your car.

Duty to Exchange Information

Drivers are legally obligated to provide their name, address, and the registration number of the car they are driving, and if asked, must show their driver’s license and insurance information to the other driver or anyone injured in the accident.

Striking an Unattended Vehicle

Drivers who hit a parked vehicle or other property must stop and try to locate the owner. If the owner can’t be located, the driver must attach a written note visibly on the vehicle or other property giving the driver’s name, address, and vehicle registration number. The driver then must notify the nearest police officer.

2. Call 911 and Report the Accident

The law requires drivers (or one of their passengers) to notify “by the quickest means of communication” the police when they’re in an accident resulting in injury, death, or property damage over $3,000.

What to Tell the 911 Dispatcher

Most drivers or passengers will use their cell phone to call 911. Tell the dispatcher the street you’re on, which direction you were heading, the nearest intersecting roads or mile markers, or any other landmarks to describe your location.

Let the dispatcher know if you think anyone is in danger, or if there are hazards in the area like hanging power lines or leaking fuel. Dispatchers will usually send a police officer to an accident scene with reported hazards, traffic danger, or when people are injured.

Police Accident Report

If police investigate the accident, the officer will file an official Motor Vehicle Accident Report. The report will contain important information such as drivers’ names and contact information, weather conditions, a diagram of the scene, and an officer’s opinion of fault.

The police accident report will be an important part of your property damage and personal injury claim. Make sure you get a copy of the report for your records.

3. Assist the Injured

Calling 911 also satisfies the driver’s legal duty to render aid. Hawaii law states that a driver involved in an accident must render “reasonable assistance,” which includes arranging for the transfer of the injured person for medical treatment. Calling 911 for an ambulance can fulfill this obligation.

Good Samaritan Laws

Try to help the injured as much as you can until emergency responders arrive at the scene. Don’t be afraid of being sued for trying to help an injured person. Under Hawaii’s “Good Samaritan” statute, if you help an injured person at the accident scene without expecting to be paid, you cannot be held liable for your actions.

4. Get Prompt Medical Attention

Your injuries may not be obvious immediately after a motor vehicle collision. The shock and adrenaline rush from a sudden impact can easily mask injury symptoms, especially if you’re worried about children or other passengers in your vehicle.

This is not the time to be stoic. When a rescue squad arrives on the scene, let the medics evaluate your injuries. Don’t wave them off and say “I’m fine.” Tell them everything you are feeling, including dizziness or nausea.

Refusing or delaying medical care after an accident can undermine your insurance claim as well as your health. If you aren’t taken directly to the hospital by ambulance, get yourself to your primary care physician or an urgent care center as soon as possible, preferably the same day as the accident.

Tell your medical providers exactly when and how you were injured. Describe all your symptoms and injuries, from bumps and bruises to broken bones. You are entitled to compensation for all your injuries, not just the most serious one.

5. Begin Collecting Evidence at the Scene

The burden is on you to prove fault in any claims you make against the at-fault driver or their insurance company.

After exchanging information with the other driver, begin collecting evidence at the scene that will support a successful insurance claim. Do not delay medical care or aggravate your injuries in an effort to gather evidence.

Types of Evidence:

  • Vehicles: Write down the make, model, year, license plate number, expiration date, and a description of the damage to each vehicle involved in the crash.
  • Witnesses: Witnesses are not legally required to talk to you, but you can try to speak with them to find out if they saw anything that might help your claim. If you have a cooperative witness, ask for their name and contact info. Record a statement if they’re willing to let you take a video or voice recording.
  • Photos and Video: Walk around the crash area, taking as many pictures and videos of the vehicles from different angles as you safely can. Sometimes, pictures and videos can help show how the driver and passengers were acting, what they were saying, apparent intoxication, and other important factors.
  • Diagrams: Make a drawing of the accident scene to show the location of the cars, and the direction each car was heading. Indicate road conditions like construction zones, and add notes about the weather, time of day, visibility, and anything else that could have contributed to the accident.
  • Passengers: Ask for passengers’ full names and contact information. Passengers are not required to disclose any information to you. If they refuse, you can make notes for yourself about the number and approximate ages of passengers, and a description of the appearance, statements, and behaviors you saw and heard.

6. Notify Your Auto Insurance Company

Drivers who are involved in any kind of vehicle accident are contractually obligated to notify their insurance company of the accident. Your policy will have notification language that looks something like this:

“Insured (you) agrees to notify the insurer (your insurance company) of any accidents and thereafter comply with all information, assistance, and cooperation which the insurer reasonably requests, and agrees that in the event of a claim the insurer and the insured will do nothing that shall prejudice the insurer’s position…”

The insurance company is also bound by the policy and has a duty to defend you if you get sued after an accident.

No-Fault Injury Claims

Hawaii is a no-fault insurance state, meaning your injury claim must first be filed under the Personal Injury Protection (PIP) coverage on your own policy, no matter who caused the accident.

Auto insurance policies issued in Hawaii must have at least $10,000 in PIP coverage, although the policyholder can choose to purchase higher limits.

7. Notify the At-fault Driver’s Insurance Company

Hawaii is a no-fault state for minor to moderate injury claims, but the at-fault driver is not entirely off the hook. PIP does not cover property damage, so you can expect the at-fault driver’s insurance company to pay for your vehicle repairs after processing your claim.

Crossing the No-Fault Threshold

Car accident victims with injuries serious enough to cross the no-fault threshold can file a personal injury claim against the at-fault driver’s auto policy, or sue the at-fault driver.

Criteria to cross the no-fault threshold:

  • Insurance has paid out more than $5,000 for medical bills
  • Permanent disfigurement that creates emotional distress
  • Significant permanent loss of use of a body part
  • Injuries resulting in death

Drivers in Hawaii are required to carry auto insurance with liability coverage of no less than $20,000 per person and $40,000 per accident, with $10,000 coverage for property damage.

8. Consult a Personal Injury Attorney

If you have fully recovered from minor injuries, you may decide to file your own claim under your policy’s PIP coverage.

If you suffered serious injuries or you have a complicated case, you owe it to yourself to consult an experienced attorney. Most Hawaii injury attorneys offer a free consultation to victims and their families.

Complicated accident cases include:

  • Wrongful death
  • Allegations of shared fault
  • Injuries that cross the no-fault threshold
  • Multiple-vehicle accidents

Personal injury attorney fees, also known as “contingency fees,” are paid out of the final insurance settlement or court award. These fees can range from 33% up to 40% of the gross settlement amount or court verdict. If your attorney fails to settle your claim or loses your court case, you won’t owe any fees.

What to Do After an Arkansas Car Accident

See the steps you need to take after an Arkansas car accident to protect your interests. A successful injury claim starts at the scene.

There are more than 82,000 crashes on Arkansas roadways every year, with more than 20,000 injuries and 600 fatalities.¹ Here’s how you can protect your safety and preserve your right to compensation after an Arkansas car accident.

1. Remain At the Accident Scene

Arkansas drivers are required to stop and remain at the scene of a motor vehicle accident with injuries or fatalities. Drivers must remain at the scene, or as close as safely possible, for accidents that occur anywhere in the state, even in private parking areas.

Hitting Parked and Unattended Vehicles

When you hit an unattended vehicle, you are obligated to stop and try to find the owner to share your name and address. If the owner can’t be located, leave a note in a conspicuous place with your contact information and an explanation of what happened.

2. Help and Report: Call 911

Drivers are obligated to notify police of any accident involving injuries, death, or property damage over $1,000. Everyone involved in the crash must make themselves available to the investigating police officer.

Render Aid to the Injured

Drivers are obligated to render reasonable aid to the injured, including arranging transportation to get the injured person to a medical facility. Calling 911 to report the crash and ask for an ambulance will satisfy your “report and transport” obligation.

Drivers, if they are able, must also try to help the injured until help arrives.

Good Samaritan Laws

You can’t be sued for providing reasonable assistance and first-aid to a person injured in a motor vehicle crash. Arkansas has “Good Samaritan” laws protecting professionals and laypeople who provide emergency care at an accident scene.

3. Seek Prompt Medical Treatment

A medical evaluation is critical to your health after a motor vehicle crash and is essential for a successful injury claim.

Never refuse or delay medical attention after a car accident. It’s a bad idea to wait and see how you feel in a day or two. You could have serious injuries that are masked by the shock and adrenaline surge that is common after a crash.

Delaying medical care after an accident also gives the at-fault driver’s insurance company a good reason to fight your claim. The adjuster can argue that you must not have been hurt that bad or say your injuries were not caused by the accident.

Let paramedics evaluate you at the crash site. If you aren’t taken directly to the hospital emergency room from the scene, have someone take you to your primary care provider or urgent care the same day.

Tell your medical provider how and when you were injured. Be sure to disclose every ache, pain, bump and scrape. You are entitled to seek insurance compensation for all your injuries, not just the most painful or urgent injury.

For full compensation, all your injuries must be linked to the accident, so tell your medical provider about all your injuries and symptoms, not just the most urgent or painful injury. Having each injury listed in your medical records on the day of the crash is compelling evidence that your injuries were caused by the accident.

4. Start Collecting Evidence

In fault states like Arkansas, the at-fault driver’s insurance company won’t pay your claim without evidence of their insured’s fault for the accident. The burden is on the claimant (you) to prove the other driver did something wrong and caused the accident. You’ll also need evidence to prove you were injured in the collision.

Types of Car Accident Evidence:

  • If possible, take photographs and video of the scene. But don’t aggravate your injuries or risk your safety by trying to get pictures. If you can, try to get pictures from different angles, like close-ups of the damage to each vehicle, debris in the road, and the positions of the cars after the crash.
  • Gather the names and contact information of any witnesses who may be willing to help. Witnesses are not obligated to cooperate or share information with you.
  • The police crash report will help prove the other driver’s fault, especially if they were cited for a traffic violation.
  • During your recovery, collect copies of your medical records and receipts for accident-related expenses.
  • An injury diary can help justify your non-economic damages with detailed notes about your pain levels and other ways the crash has impacted your activities of daily living.

Requesting the Crash Report

Arkansas State Police maintain a repository of all crash reports for the State of Arkansas. Report copies may be ordered online for a small fee. Reports are usually available ten business days after the crash occurred.

Mail your request to:

Arkansas State Police
Attn: Crash Records Section
One State Police Plaza Drive
Little Rock, Arkansas 72209

5. Notify Your Auto Insurance Company

Your auto policy is a contract between you and the insurance carrier. Every personal auto policy has a clause requiring the policyholder to notify the company after an accident, even when the accident wasn’t your fault.

If you have a policy with optional MedPay or Collision coverage, you can elect to use those coverages until your claim settles with the other driver’s insurance. If you were the victim of a hit-and-run, or severely injured, you might need to file a claim under your own uninsured or underinsured motorist coverage.

The insurance company has a duty to defend you if you are sued by someone else injured in the accident. You risk losing that protection if you violate your policy’s notification clause. Notify your insurer before they get a call from the other person’s lawyer.

6. Notify the At-Fault Driver’s Insurance Company

You or your attorney will notify the at-fault driver’s insurance company of your intent to file an injury claim. You don’t need to wait until you’re fully recovered to inform the other driver’s carrier.

Because injury claims are handled at the policy level, you’ll need to notify the company of your intent to file an injury claim against the at-fault driver’s policy, even if the same company insures you both.

The insurance company will typically respond with a Reservation of Rights letter that is intended to acknowledge your claim and let you know that although they are investigating your claim, they make no promise to pay for your damages. You’ll be given a claim number and contact information for an insurance adjuster.

If you are handling your own claim, the adjuster might call and ask you to give a recorded statement. Watch out. Adjusters are experts at getting you to say things that can hurt your claim. You are never required to give a recorded statement without an attorney present.

When you are represented by an attorney, the adjuster has to communicate with your attorney, and will no longer be allowed to contact you directly.

Arkansas Minimum Auto Insurance Limits

Arkansas drivers are required to carry an auto insurance policy with a minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.

7. Consult a Car Accident Attorney

If you have fully recovered from minor injuries, you may decide to handle your own claim. you can probably settle your claim for the cost of your medical bills, a day or two of lost wages, and a small amount added to compensate for your inconvenience.

Severe injuries and complicated car accident claims should be handled by an experienced personal injury attorney. The attorney will pursue all available compensation for victims and their loved ones.

Complicated injury claims include:

  • Accusations of shared fault
  • Multi-vehicle accidents
  • Injuries to a minor child
  • Wrongful death cases

Most injury law firms offer a free case evaluation to car accident victims. Personal injury attorneys work on a contingency fee basis, meaning they only get paid if they settle your claim or win your case in court.