I Just Got Hit By a Car, What Do I Do?

Many accident victims don’t realize if a crash hurt them, or the extent of their injuries, immediately afterward. If your body struck anything during the collision, seek emergency treatment. If you don’t go to the ER from the scene, at a minimum, see your family doctor as quickly as possible following an accident where a car hit you. It’s better to have a doctor examine you in case you have serious internal injuries including brain trauma. If you were not in a vehicle during the accident, get medical care as soon as possible due to the increased likelihood of injuries.

At most, we recommend you only provide basic facts if an insurance company contacts you. Give simple details such as dates, locations, and parties involved if you speak with an adjuster. DO NOT give a recorded statement without obtaining legal representation first. Insurance companies are looking for any way to reduce or deny your claim. A seemingly innocent question such as, 'How are you?' that you answer with, 'Fine, thanks' can cause trouble because you are really not fine. Let your car accident attorney deal with insurance adjusters so you don’t say anything that could hurt your case later.

In general, you must pay your own expenses, but you may have several alternatives to hold others responsible for the losses you sustain after a crash. No-fault insurance states require an accident victim to file a claim against their own Personal Injury Protection (PIP) coverage first. If PIP won’t cover your expenses, you may then bring a claim against the responsible party. In fault-based insurance states, the victim can bring a claim against the at-fault party and request compensation for several financial losses. Usually, the responsible party’s insurance company pays for the victim’s losses when the victim establishes liability. If the at-fault party does not have insurance, the victim may need to use their own health insurance or uninsured or underinsured coverage if they carry it. In a small percentage of cases, a plaintiff can hold the at-fault party personally liable to pay the expenses from their own assets, but most people do not have sufficient assets to cover a typical victim’s losses.

As mentioned above, the insurance company or state where the crash happened may limit the amount of time you have to file a claim with your insurance company or the at-fault person’s insurer. Ask a skilled injury lawyer to review all relevant policies and state laws so you don’t miss a claim deadline. Each state also has a statute of limitations that creates a window of opportunity for injured victims to file a civil lawsuit against responsible parties. This deadline could give you as little as one year (or less when dealing with governmental entities), and missing your filing opportunity will most likely end your legal claim. Again, talk to a dedicated personal injury attorney to understand all deadlines that apply to your claim so you don’t miss the chance to receive the compensation you deserve.