What to Do After a Car Accident: NC Injury Law’s Guide to Protecting Your Rights
A car accident can leave you shaken, confused, and unsure of what to do next. Acting quickly and correctly can protect your health, finances, and legal rights. At NC Injury Law, our Wilmington car accident attorneys help North Carolina drivers understand every step after a crash, from securing the accident scene and documenting vehicle damage to filing an insurance claim and determining fault.
Knowing what to do after a car accident can make the difference between a denied claim and full compensation for your injuries and losses.
Immediately at the Accident Scene
A car accident can happen in seconds. Knowing what to do after a car accident helps protect your safety, your claim, and your legal rights under North Carolina law.
Ensure Safety and Secure the Scene
Stop your vehicle immediately and stay calm. Turn on your hazard lights to warn other drivers and prevent further damage. Check yourself, passengers, and other drivers for injuries. If it is safe, move the vehicle out of traffic. Do not leave the accident scene until you have met your legal duties under North Carolina General Statute §20-166.
Call the Police and Request Medical Help
Call 911 to report the car crash and request help from police officers and emergency responders. A police report will record details that are vital for any insurance claim or legal process. Give accurate facts to the officer without admitting fault. If anyone is injured, offer reasonable assistance until medical professionals arrive.
Exchange Information with Other Drivers
Exchange information with the other driver, including names, addresses, driver’s license numbers, license plates, insurance company and policy numbers, and contact details for passengers or witnesses. Stay polite and avoid discussing who caused the crash. Accurate details help both insurance companies handle claims correctly.
Document the Accident Scene
Take pictures of the vehicles involved, vehicle damage, road conditions, traffic signs, and any visible injuries. Record the time, location, and weather conditions. Gather names and phone numbers of witnesses. These details support your claim and help your Wilmington car accident attorney or insurance agent evaluate fault and coverage.
Protect Your Rights Before Leaving
Do not accept or offer payment at the scene. Wait for the police to finish the report before leaving. Ask how to obtain a copy of the accident report for your insurance company. Keeping calm and following these steps after a car accident will strengthen your position when filing a claim or speaking with a Wilmington car accident lawyer.
Documenting Vehicle Damage, Injuries & Other Losses
Accurate documentation is key when determining fault, repair costs, and compensation after a car accident. Every detail helps support your insurance claim and protects your legal rights.
Record Vehicle Damage
Take clear pictures of all vehicles involved from multiple angles. Include close-ups of dents, scratches, broken lights, and license plates. Note the make, model, and color of each vehicle. Keep records of your repair facility or repair shop estimates, and save all receipts related to vehicle repairs. If your car is declared a total loss, ask your insurance company for the actual cash value calculation. Verify that a competent appraiser reviewed your vehicle and that the valuation reflects fair market value.
Track Repair Costs and Property Damage
Keep all communication with your insurance agent or insurer. Save documents showing estimated and final repair costs. If the insurer uses aftermarket parts, ask for written details and compare prices with original parts. Record any towing, storage, or rental vehicle expenses. If further damage occurs while your vehicle is stored or towed, document it and notify the insurance company immediately.
Document Injuries and Medical Expenses
Seek medical attention as soon as possible, even for minor pain. Keep all medical reports, hospital bills, and prescriptions. Record visits to doctors, physical therapists, and specialists. Save evidence of lost wages, missed work, and ongoing treatment. Share all medical expenses and related records with your health insurance and your Wilmington car accident lawyer to ensure accurate coverage and recovery.
Include Other Losses and Evidence
List personal items damaged in the crash, such as phones, laptops, or clothing. Ask other passengers or witnesses to write brief statements about what they saw. Keep every document related to the car crash, including the police report, insurance claim forms, and correspondence with the insurance company. Proper records help your Wilmington car accident attorney prove the full extent of your damages and support your claim.
Reporting the Crash & Filing Insurance Claims
Timely reporting and accurate information help protect your rights and speed up the claims process after a car accident in North Carolina.
Report the Crash to Law Enforcement
Call the police if anyone is injured or if property damage appears to exceed $1,000. Under North Carolina law, drivers must report such accidents immediately. Police officers will create an official accident report that includes driver information, witness statements, and vehicle damage details. Request the report number before leaving the scene so you can obtain a copy for your records and insurance claim.
Notify Your Insurance Company
Contact your insurance agent or insurance company as soon as possible. Provide your policy number, the police report number, photos of the accident scene, and any other evidence you gathered. Be factual and concise. Avoid guessing about fault or injury severity. If the other driver’s insurer contacts you, limit your statement until you have spoken with a Wilmington car accident attorney. Recorded statements can affect your legal liability and settlement.
File a Claim with Your Insurer or the Other Driver’s Insurer
Once you report the crash, begin the claims process. File a claim for property damage, vehicle repairs, or a total loss based on the actual cash value of your car. If you suffered injuries, include all medical expenses, lost wages, and related costs. Your insurer may handle the claim directly or coordinate with the other driver’s insurance company and policy. Keep copies of every document, email, and estimate.
Understand Your Coverage and Rights
Review your coverage for liability, uninsured motorist, and medical payments benefits. If your vehicle is a total loss, confirm the appraisal and payment terms with a competent appraiser. If you disagree with the offer, ask about the appraisal provision in your policy. A Wilmington car accident lawyer can review the insurance company’s settlement and ensure your claim includes all repair costs, medical expenses, and other losses.
Determining Fault and Legal Liability
Understanding who is at fault in a car accident is crucial for deciding who pays for vehicle damage, medical expenses, and other losses.
North Carolina’s At-Fault System
North Carolina follows an at-fault system for motor vehicle accidents. The driver responsible for the crash is legally liable for damages. This includes repair costs, property damage, and personal injuries. The insurance company for the at-fault driver usually pays claims up to the limits of the policy. A clear police report and witness statements help determine who caused the accident and how coverage applies.
Contributory Negligence Rule
North Carolina applies the contributory negligence rule. Under this rule, if you are even one percent at fault, you may be barred from recovering any compensation. This makes accurate evidence collection and documentation essential. Photographs, the police report, and statements from other drivers or witnesses can help show you were not at fault. A Wilmington car accident lawyer can review these details to protect your right to recover damages.
Role of Evidence in Proving Fault
Evidence from the accident scene supports your version of events. Keep photos, videos, and copies of the police report. Write down everything you remember, including weather conditions and traffic patterns. Ask witnesses for their contact information and statements. Insurance companies and legal teams use this information to determine fault, assess liability, and assign responsibility for payment.
How an Attorney Can Help
A Wilmington car accident attorney can handle communication with the insurance company, analyze evidence, and challenge unfair fault determinations. The attorney can also identify other liable parties, such as commercial vehicle owners or additional insurers. Legal guidance helps ensure that the insurance company evaluates your claim fairly and pays full compensation for your losses.
Contact an Experienced Wilmington Car Accident Lawyer Today!
If you were injured in a car crash in North Carolina, reach out to our team at NC Injury Law. Our dedicated Wilmington car accident attorneys are ready to review your case, protect your rights, and help you seek full compensation for your vehicle damage, medical expenses, lost wages and other losses.
Contact us at (800) 800-8000 for a free case consultation today!
