Get checked by a doctor after a crash even if you feel fine, and do it the same day if you can. Adrenaline hides injuries for hours, and a gap between the accident and your first medical visit is the single most common reason an insurer disputes that the crash caused your injuries. The steps you take in the moments, hours, and days that follow protect both your health and your ability to recover full compensation.
Immediate Steps at the Scene
In minor auto accidents, insurance companies are usually able to handle disputes between drivers and the medical bills and vehicular damage that result. In more serious accidents that cause injuries, however, preparation and the help of an experienced attorney are essential to protect your rights and pursue full compensation for your injuries and losses. Immediate actions taken at the scene are critical for ensuring safety and beginning the process of proper reporting and care.
- Move out of the road. If possible, move your vehicle out of traffic, and at the very least put your hazard lights on to help other drivers understand an accident has occurred. Moving yourself or an injured person to a safe location can prevent further injuries. Moving out of traffic is not the same as leaving, so stay at the scene.
- Check on others. Check whether anyone in your vehicle needs immediate medical attention, and also check on those in the other vehicle if it is safe to do so.
- Contact the police. Police reports often prove to be essential documents in personal injury claims, and especially in negotiations with insurance companies.
- Gather important information. This typically includes the other driver’s name, address, insurance company, and policy information; witness statements; the make, model, and plate number for each vehicle involved; and the names and badge numbers of responding police officers.
- Keep an “accident log.” Document all of your expenses that directly resulted from the accident so you may be compensated at a later time.
- Speak with an attorney. An experienced personal injury attorney can help you navigate the legal process and pursue compensation for your losses, including medical expenses, vehicular damage, lost wages, and pain and suffering.
Checking for Injuries
Assess the condition of all individuals involved. Look for obvious signs of injury such as bleeding, broken bones, or unconsciousness, and speak to each person, if they are responsive, to understand their condition more clearly. If you or others are hurt, it is crucial to minimize movement, as serious injuries like spinal damage can worsen with unnecessary movement. If someone is unconscious, check for breathing and a pulse, but avoid moving them unless their location is dangerous. Stay calm and provide reassurance, and if you are trained, apply first aid to control bleeding, perform CPR, or stabilize injuries.
Contacting Emergency Services
Immediately call 911 or the local emergency number. Provide the dispatcher with accurate details, including the location of the accident, the number of people injured, and the types of injuries observed, so that the appropriate emergency response is dispatched swiftly. Do not leave the scene until law enforcement or medical professionals arrive. That matters both for legal reasons and to ensure that all injured parties receive the care they need.
Legal Obligations and Reporting
After an accident where someone is injured, contact law enforcement immediately. Different states have varying requirements for when and how to report accidents. In Illinois, you have to give immediate notice to police if the crash injured or killed anyone, or caused more than $1,500 in property damage to any one person, including you. The threshold drops to $500 if a vehicle involved was required to carry liability insurance but was not covered (625 ILCS 5/11-407). Failure to notify law enforcement can lead to penalties. The police will typically document the scene, interview witnesses, and file an official report, which plays a crucial role in any subsequent legal proceedings. It is essential to remain at the scene until the police arrive to avoid hit-and-run accusations.
Reporting is separate from filing a claim, and the claim has its own clock. In Illinois you generally have two years from the date of injury to file a personal injury lawsuit (735 ILCS 5/13-202). One exception is much shorter and easy to miss: if your claim is against a city, county, transit agency, park district, or another local government body or its employees, it generally has to be filed within one year (745 ILCS 10/8-101). Because that deadline can end a claim on its own, confirm early which one applies to you.
Documentation and Evidence Collection
Documenting the accident is vital for legal and insurance purposes, and there are many things you can do to help your attorney establish your case. Among the most important things your attorney will do for you are gathering evidence and handling most communication and negotiations with the insurance company.
While waiting for emergency responders, take clear photos of the accident from multiple angles, capturing positions, damage, and anything else that may be needed later. Details such as the absence of a “wet floor” sign can be crucial for insurance claims and legal proceedings. Gather contact information, meaning names, phone numbers, and addresses, from all involved parties and witnesses, and record their statements while the event is fresh in their memory. Keep written notes of everything you observe, including the weather conditions, time of the accident, and any notable details, and if it is safe to do so, sketch a quick diagram of the scene showing the positions of vehicles and individuals.
Be sure to obtain a copy of the police report for the accident; this is especially important if the other driver was issued a ticket or summons. It is highly recommended to use a large box or folder to store all medical paperwork and documentation related to the accident. You can also use a notebook or journal to document firsthand how the accident and resulting injuries have affected your daily life, as well as a calendar to keep track of doctors’ appointments, medications, hospital visits, and physical therapy sessions. Accurate documentation is essential for your case, so choose your words carefully when filing the accident report to avoid any misunderstandings or misinterpretations of your account of what happened.
Medical Treatment After an Accident
It is important to accept a medical evaluation even if you do not believe you were injured on impact. Medical professionals can identify and treat injuries that may not be immediately apparent. If you do believe you have been injured, go to the emergency room via ambulance from the scene of the accident. If an ER visit is not necessary, seek medical attention anyway, both to ensure your own well-being and to prove that you did so if a personal injury claim is in order.
Some accident victims wait a day or even longer to see a doctor after the crash, and that delay can hurt your chances of full compensation from the insurance company. You only hurt yourself, in more ways than one, by declining medically prescribed treatment after an accident. A gap in treatment is one of the first things an adjuster looks for, and it is commonly used to argue that your injuries came from something other than the crash or were not as serious as you say. In any case, accept the advice of your doctors, not only for your health but for your claim, and attend all follow-up appointments for comprehensive care.
Be just as thorough in describing your injuries to medical professionals as you are on the accident report; if you forget any important details, attempting to expound on them later without evidence can be detrimental to your case. If you were hurt on the job in Illinois, a separate set of rules applies, and one of them is a deadline most people never hear about. Tell your employer about the accident as soon as practicable and no later than 45 days after it happened, or you can lose the claim on that basis alone (820 ILCS 305/6(c)). The formal application is then filed with the Illinois Workers’ Compensation Commission within three years of the accident or two years of your last compensation payment, whichever is later (820 ILCS 305/6(d)).
Medical Records and Expenses
Maintaining detailed medical records is essential, as they serve as concrete evidence of the injuries sustained and the treatments received, and they play a crucial role when dealing with insurance companies or pursuing legal action. Documentation should include doctor’s notes, treatment plans, prescriptions, and any other related medical correspondence. In addition, keep a meticulous record of any medical expenses incurred due to the accident, including hospital bills, medication costs, and therapy sessions. Proper documentation makes it difficult for insurance companies or opposing legal counsel to dispute your claim and helps accurately compute the compensation needed to cover the actual costs of the injury.
How to Handle an Insurance Claim When Someone Else Is Responsible
If you have been injured by another person and need to make a health insurance claim, follow these steps to ensure the process goes smoothly:
- Notify your health insurance provider. Contact your health insurance company as soon as possible to inform them of the injury and the circumstances. They will guide you through their specific claims process.
- Submit necessary forms and documentation. Complete any claim forms provided by your insurance company, and submit all required documentation, including medical records, bills, the police report (if applicable), and any other supporting evidence.
- Keep records. Maintain copies of all correspondence with your insurance company and medical care providers, including emails, letters, and notes from phone conversations.
- Follow up. Regularly check the status of your claim and stay in contact with your insurance provider to ensure all necessary information has been received and processed.
- Consider legal action. If the injury was severe or there are complications with your claim, consult a personal injury attorney who handles Illinois injury claims.
One thing to plan for: money paid on your behalf may have to come back out of a settlement. A health plan that covered your treatment will often claim reimbursement, and a doctor or hospital that treated you can place a lien on your recovery. Illinois caps all health care liens together at 40% of the verdict, judgment, award, or settlement (770 ILCS 23/10), which is why the figure you take home is rarely the same as the figure you settle for, and why these amounts are worth sorting out before you agree to anything.
Talk With 844-SEE-MIKE
If you or a loved one has been injured in an accident because someone else was careless, you can talk it through with us before deciding anything. We are a Chicago-based injury firm representing individuals and their families, we will keep you informed at every step, and we are prepared to take a case to trial when that is what it needs. You pay nothing unless we recover money for you. Contact 844-SEE-MIKE for a free consultation. This article is general information, not legal advice.
