Getting into any serious car accident can be scary, but even fender benders can leave you feeling shaken up. When those bumps and scrapes happen, it’s important to follow some key steps to protect yourself legally and make the claims process smoother.
Our Wisconsin personal injury lawyers have handled hundreds of cases and know firsthand how confusing the aftermath can be. By taking the right actions early, you can alleviate stress down the road.
Securing the Scene and Getting to Safety
The first priority is always making sure everyone involved avoids further harm. Take a breath and ensure both vehicles are moved out of any traffic flow. Turn on your hazard lights and instruct everyone to remain inside until emergency vehicles arrive, if needed. Check for injuries—not all are visible—and call 911 to dispatch medical assistance if anyone complains of pain or disorientation. While waiting, gather key data.
Documenting Critical Crash Scene Details
Fender benders by nature occur rapidly, leaving little time to process things in the moment. That’s why recording specifics right away is vital for filing your claim correctly later.
Capture photos of damage to both vehicles from multiple angles, including close-ups of scraped paint or dented areas. Also photograph the accident location itself—nearby signs, weather conditions, skid marks on the pavement.
Swap insurance and contact info with the other driver. Note their name, driver’s license number, policy details, phone number, address, and plate number.
Get witnesses’ perspectives, especially from unbiased bystanders without a personal stake. Their future testimonies provide invaluable third-party validation.
Write down precisely what happened from start to finish while it’s fresh in your mind. Inconsistencies could hurt your case down the line.
By thoroughly documenting details through photos, recordings, and written statements, you provide unassailable evidence to back your recollection later.
Don’t chat at length with the other party about causes or fault in the moment. Anything said can come back to haunt you when insurance assessors start portioning liability. Keep talk minimal until safely at home.
Reporting the incident promptly to insurance carriers keeps the bureaucratic wheels turning in your favor over time. And carefully monitoring the claims process and repair status gives you mastery over your case. Taking these steps early prevents hassles down the road.
Seeking Medical Attention Even After Minor Impact
In 2022 alone, 25,071 crashes were reported across Wisconsin that resulted in injuries. Some effects of crashes—like whiplash or concussions—manifest hours or days later. Seeking prompt medical evaluation creates official records linking symptoms to the incident. Share complete details of the accident with responders, too. Things like:
- Direction and speed your car was traveling
- Where and how impact occurred
- What parts of your body hit interior surfaces
- Any past injuries exacerbated
Without documenting these facts, you lose crucial evidence. And if symptoms worsen later, connect back to that initial hospital or clinic for continued care. Don’t downplay discomfort now only to regret it when chronic pain develops.
Notifying Your Insurance Provider About the Incident
Inform your insurer of the accident as soon as realistically possible. When calling, have your policy number handy, your driver’s license ready, plus all documentation and photos from the scene. Per Wisconsin statutes, claims must be filed within three years, but don’t delay. Streamlining this step weighs favorably when determining fault percentages.
Provide just the facts to your adjuster—not emotional interpretations or assumptions about the other motorist’s intentions. Stick to vehicle positions, directions, visible damages, and any police reports filed. Speculation wastes time for all parties and muddies liability waters. Answer questions transparently and save opinions for your legal representative, should the claim become contested.
Understanding the Claims Process and Repair Options
After reporting the loss, your insurer launches an investigation collecting physical evidence and statements from everyone involved. Based on findings, they then designate each driver’s level of responsibility. If totals exceed your plan’s declarations, your provider covers remaining amounts as outlined in your policy.
For actual automotive repairs, you hold options like using an in-network shop getting you discounts via a direct insurer relationship. Or you may select your own preferred certified mechanic and submit their invoices instead. Discuss the repair process thoroughly with your claims adjuster so no surprises ambush you when the body shop writes up that estimate.
Most importantly, cooperate fully with your insurance company’s requests. Ignoring phone calls or delaying meetings draws pointless red tape into positive outcomes. Show good faith providing documentation the first time they ask—it keeps bureaucracy functioning on your behalf.
Securing a Fair Compensation
Securing a fair compensation after a car accident can be a complex process. It is important to understand that insurance companies, despite their friendly advertisements, are in the business of minimizing payouts to increase their profits. They may employ various tactics to reduce your claim, such as asserting that your injuries are not as severe as you claim, or even that you are at least partially responsible for the accident. Do not let these tactics discourage you. An experienced car accident lawyer can advocate for you, ensuring that you receive the compensation you deserve. They can help you understand the true value of your claim, negotiate with the insurance company on your behalf, and if necessary, take your case to court.
Considering Legal Counsel When Needed
While not all Wisconsin auto liability claims end up disputed, having professional legal advice in your corner proves invaluable if negotiations stalemate. An experienced personal injury attorney intimately understands state statutes impacting fault rulings in car accidents. We can request evidence from insurers on your behalf, commission official accident reconstructions, retain subject matter experts identifying mechanical failures, locate eyewitnesses missed originally – whatever fits your unique situation. And in a few situations, we may even file suit against negligent parties depending on case particulars.
Don’t Navigate Fender Benders Alone
Minor car accidents can bring major disruption and stress into your life. In the adrenaline aftermath of these accidents, critical steps get easily forgotten despite best intentions. Taking the right actions early on makes a world of difference down the road. Work with an experienced injury lawyer early on in the process to ensure you maximize your personal injury settlement.
