8 Rights Drivers Overlook After a Collision
In 2024, there were over 6 million police reported traffic crashes in the US. Over 2 million of those involved ended up with injuries.
A car crash is an intense experience, so much so that those who’ve experienced them often struggle when they hear the song that was on the radio during their crash. Crashes stick in your memory because your body is overtaken by adrenaline, causing a state of shock.
The adrenaline can make it harder to take action with regard to your rights. This is unfortunate because the mid-term aftermath of a crash is when it’s most important to take action.
This article explores how people can safeguard their rights after a crash.
1. You can Choose Your Repair Shop
Insurers often have their preferred shops, but sometimes the information they provide goes further than a recommendation. They might try to push you towards a specific shop, sometimes indirectly implying that the insurance only covers specific repair spots.
In reality, you have the right to choose your own shop, and you should. Shops you pick have no incentive to cut corners to satisfy the insurer, so it always makes sense to get a written estimate from the shop of your choice.
2. You Can Decline the Initial Settlement
The first effort to come through often looks tempting, but these early settlements tend to undervalue claims because the full extent of the damage or injuries might not be clear within the first few days.
Once you accept an offer, it usually means you’re waiving the right to ask for a bigger settlement later on. With daily living only getting more expensive, it makes sense to take some time to understand the true costs before you sign up for anything.
3. You Can Speak to a Lawyer Before Giving a Recorded Statement
Insurance adjusters often ask for a recorded statement soon after a crash, while you are still rattled and not thinking clearly. Anything you say in that statement can later be used to reduce or even deny your claim.
You are well within your rights to hold off until you have taken advice. Drivers in southeastern Wisconsin can talk to personal injury attorneys in Milwaukee to understand where they stand before they ever speak to an adjuster.
4. You Have a Right to a Copy of the Police Report
The official crash report is a key document. Not only does it record the responding officers’ observations and who they issued citations to on the scene, but it also lists the contact details for everyone involved.
You should request a copy from the agency investigating the incident. Make sure there are no errors in the document, as they could affect how the fault is assigned later on.
5. You Can Get a Second Medical Opinion
After a crash, you might be sent to a doctor chosen by the insurer, and that doctor does not always have your best interests at heart. Some injuries, like whiplash or concussion, are not immediately apparent.
You are entitled to seek your own medical evaluation. An independent opinion gives you a record that reflects your medical situation, which matters a great deal if your symptoms turn out to be worse than they first seemed.
6. You Should Document Your Symptoms
It’s common for pain that seems mild on the first day to get worse over time. The issue is that memory deteriorates over time, so weeks later, an insurer is unlikely to believe what you say.
This is the reason why it is important to maintain a straightforward record of your symptoms and any medical appointments, paying particular attention to the impact of the injury on your daily life. Your account is corroborated by photographs of visible injuries and damaged vehicles, and consistent records are generally more conclusive than memory alone.
7. You Can Claim Lost Wages
A crash does not just cost you in repairs and medical bills. If your injuries prevent you from being able to work, lost income can become part of your insurance claim.
Hold on to your pay stubs and ask your employer for a note confirming the days you missed. If the injury affects your ability to earn over the longer term, or forces you to burn through paid leave, that can be factored into your claim too.
8. You Should Preserve Digital Evidence
Modern crashes leave a digital trail, and that crucial evidence can make or break your claim. The trouble is that digital evidence often doesn’t last long.
Save your own dashcam footage and phone photos as soon as you can, then think about what else might have captured the scene. GPS data, along with recordings from nearby security or doorbell cameras, can support your version of events, but only if you ask the businesses to hold on to the files before their systems overwrite them.
Knowing Your Rights Pays Off
A crash leaves you shaken, but your rights do not disappear along with the adrenaline. Take your time and gather your records before you sign or say anything. Accepting a bad claim or missing crucial evidence could cause problems for years to come.
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