A car accident is disorienting. Most people don’t know what to do next, and the decisions made immediately afterward can significantly affect any legal claim. Here’s what to do — and what to avoid.
At the Scene
Call 911 immediately if anyone is injured. Even if injuries seem minor, get police to the scene — a police report is essential documentation for any insurance claim or lawsuit. Exchange information with the other driver: name, address, insurance company, policy number, license plate, and driver’s license number.
Take photographs of everything: vehicle damage, the position of the vehicles, road conditions, traffic signs, and any visible injuries. These photos are often the most valuable evidence in the case.
Seek Medical Attention Promptly
See a doctor even if you feel fine. Adrenaline masks pain, and injuries like whiplash, concussion, and soft tissue damage often don’t present symptoms for 24-72 hours. If you don’t seek treatment, insurance companies will argue you weren’t actually hurt. A gap in medical care is one of the most common ways accident victims undermine their own claims.
Do Not Give Recorded Statements to Insurance Companies
The other driver’s insurance company may contact you quickly and ask for a recorded statement. You are not required to give one, and doing so without an attorney is a mistake. Insurance adjusters are trained to ask questions that minimize your claim. Politely decline and contact an attorney first.
Wisconsin’s Comparative Fault Rule
Wisconsin follows a modified comparative fault system. If you are found to be 51% or more at fault for the accident, you cannot recover damages. If you are partially at fault but less than 51%, your recovery is reduced by your percentage of fault. This makes how the accident is documented and investigated critically important.
What You Can Recover
Damages in a Wisconsin car accident case can include medical expenses (past and future), lost wages, reduced earning capacity, pain and suffering, and property damage. The full value of a serious injury claim is often far greater than what an insurance company initially offers.
Attorney Christopher Carson handles personal injury cases in the Milwaukee and Waukesha County area. Call (262) 860-8932 for a free consultation.