I was in a car accident. What should I do?

If you have been involved in a car accident you should first remain calm, then call for help. If no one is injured, your first call should be to the police. Although it is best to remove the crashed vehicles out of traffic, wait for the police to advise you. The police will also take statements from the drivers and passengers involved.
Other important things to do:
 File an accident report with your insurance company. Also, you should notify the other driver’s insurer of the accident.
 Take notes. Get the names, addresses and phone numbers of everyone at the scene, especially witnesses.
 Be careful what you say. Don’t make any remarks or statements about who is at fault. If an insurance adjuster shows up at the scene, do not give any statements and do not sign anything.
 Call an attorney. It is essential that you get someone to represent you right away. If you've been injured, you will want a skilled accident attorney to make sure you receive a fair settlement from the insurance company. Also, proving to another driver's insurer that its policyholder caused the accident might require the services of an attorney.
 See your doctor. You may have injuries of which you're unaware. If you are examined by a doctor, make sure you are specific in explaining how the accident happened and any and all injuries and problems you sustained as a result.

What do I do when the other driver’s insurance company calls me?

Say nothing. Be polite, but do not answer and questions or make any statements. You should not take any settlements offered by an insurance company without first speaking with an experienced auto accident lawyer. Claims adjusters are professional negotiators that work for the insurance company – not for you. Their job is to protect the interests of their employer. The attorney you select will be the only one protecting yours.
Insurance companies typically offer minimal amounts of money in return for your signature stating that you will not sue. This usually happens rather quickly after the accident takes place. Insurance companies will often discourage you from obtaining a lawyer so they can pay less to resolve your claim.
Never take an insurance check or sign anything without first consulting an attorney. You can jeopardize potential compensation you are due, and waive important rights that help to protect your interests. And you will regret it.

I think the accident was my fault. What do I do?

If you rear-ended another car, it’s a safe bet that you will be considered at fault. The law states that you must maintain assured clear distance from the car in front of you so that you can stop safely. There are exceptions, especially if the other driver makes a sudden and unexpected stop, or if you are involved in a chain-reaction collision.

Keep in mind that a car accident is not always solely one person’s fault. In states that recognize ‘comparative negligence’ laws, each party may be held accountable for their role in the accident. After determining the percentage of fault by each party, the compensation by the insurance company is adjusted accordingly. Over two thirds of the states employ this rule to resolve car accident injury claims.

If I don't feel injured after an automobile accident, should I see a doctor?

Yes. Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. It is not recommended that you settle claims from an accident until a doctor has seen you and advised you about the extent of your injuries.

For certain injuries where the other party is at fault, you may also be compensated for your pain and suffering and loss of earnings capacity.

What if I was not wearing a seat belt at the time of my accident? Can I still recover damages?

In most states, not buckling up can negate or reduce any potential compensation for damages, on the basis that people suffer more severe and expensive injuries when they're not wearing seat belts. . However, it is important to understand that seat belt or no seat belt – it is the ‘fault’ of the negligent party that is the primary determining factor in personal injury/car accident lawsuits.
Personal injury laws, and the statutes that govern applicable compensation amounts and limits, vary from state to state. Only an experienced personal injury lawyer can thoroughly review all the factors that might influence your claim.

My air bags did not deploy when I was in a car accident. Do I have a case against the car manufacturer?

That depends. There are several factors that dictate whether an air bag will deploy in a collision. Most of the cars on U.S. roads today have some type of electronic data recorder (EDR). Following an auto accident, the contents of your EDR should be downloaded and preserved. If the circumstances of your accident prove that the airbags should have deployed, and did not, you may have a product liability claim against the manufacturer.

A leased, commercial vehicle hit me. Does that mean the employer is also responsible?

Possibly. The employer may be held liable for the negligent behavior of their employee under the doctrine of “vicarious liability” (or “vicarious responsibility”), which means that the company or owner of the vehicle is responsible for negligent acts committed during the course and scope of normal activities in service to the company.

In the course of accident litigation, one party may not have enough insurance or resources to compensate the victim for all injuries/damage sustained. An experienced personal injury attorney can help to identify all potential sources of compensation to help ensure that their client’s needs are cared for.

Do I have to go to court to get a fair settlement?

Most car accident claims are settled out of court. If another driver's insurance company agrees to pay what your attorney believes your case is worth, and you wish to settle for that amount, then your case will not go to court. However, if an agreement cannot be reached, your attorney should be poised to fight your case in court.

Hiring a law firm with experience in handling personal injury cases is critical to your success.

I wasn’t hurt that bad in the car accident. Can’t I handle this myself?

There is no law against handling your own claims. At least notify your insurance company. Keep in mind that some injuries grow worse over time, and your insurance policy may not cover any later expenses. Also, insurance companies and their attorneys know exactly how much your claim is worth, and they are in a much more powerful position to negotiate with the other party than you are. Their job is to resolve the potential "liability" by paying as little as possible to you.
You will want to hire an experienced car accident attorney, because that person is the only one that is working in your best interests.