Car crashes happen in an instant, but it may leave you with long-lasting challenges. From dealing with injuries to handling insurance claims, knowing what to do after a wreck can make a huge difference in protecting your rights and securing fair compensation.
As a car crash lawyer in Idaho, I’ve helped countless people navigate the legal process after a crash. If you’ve been in a car crash, here’s what you need to know — and what steps to take — to protect yourself, your case, and your future.
Steps to Take After a Car Crash
Ensure Safety First
The most important thing is your safety. If possible, move your vehicle to a safe location to avoid further accidents. Check yourself and any passengers for injuries. Even if you feel fine, injuries like whiplash or concussions might not show symptoms right away.
Call 911
In Idaho, you are legally required to report an accident if there are injuries, fatalities, or significant property damage. Calling 911 ensures medical help is on the way and that a police report is created — an important piece of evidence for car wreck claims.
Gather Evidence at the Scene
If you’re able to do so safely, collect as much information as possible, including:
- Photos and videos of the accident scene, vehicle damage, and road conditions.
- Driver and witness information — exchange names, contact details, and insurance information.
- License plate numbers of all involved vehicles.
- Police report number — ask the responding officer for this so you can access the official report later.
Seek Medical Attention ASAP
Even if you don’t feel injured immediately, see a medical professional as soon as possible. Some injuries take hours or days to appear, and medical records are crucial for your car wreck injury claim. Insurance companies may use any delays in treatment to argue your injuries weren’t serious.
Common Mistakes That Could Hurt Your Car Wreck Claim
Many people unintentionally hurt their case by making avoidable mistakes. Here’s what not to do after a car wreck:
- Admitting fault at the scene – Even if you think you’re responsible, never say so at the scene. Let investigators determine fault.
- Delaying medical care – Waiting too long to see a medical professional can weaken your claim and give insurance companies a reason to deny compensation.
- Failing to document evidence – If you don’t take photos, get witness information, or request a police report, it could be harder to prove your case later.
- Talking to the insurance company before consulting an attorney – Insurance adjusters are trained to settle for as little as possible. They may ask leading questions or pressure you into accepting a lowball offer.
- Accepting the first settlement offer too quickly – Many insurance companies lowball their first offer, hoping you’ll take it before realizing how much your case is worth.
Understanding Your Rights After a Car Crash
Idaho’s Fault-Based Insurance System
Idaho is a fault-based state, meaning the driver responsible for the wreck is financially liable for damages. You can file a claim against:
- The at-fault driver’s insurance
- Your own insurance (if you have certain coverage like uninsured motorist protection)
- The at-fault driver directly (through a lawsuit, if necessary)
Comparative Negligence in Idaho
Idaho follows a modified comparative negligence rule. This means:
- If you’re less than 50% at fault, you can still recover compensation.
- Keep in mind, your compensation will be reduced by your percentage of fault.
- If you’re 50% or more at fault, you cannot recover damages.
Example: If you are awarded $100,000 but found 20% at fault, you would receive $80,000 instead.
How a Car Crash Lawyer Can Help
Hiring a car crash lawyer in Idaho can make a significant difference in how much compensation you receive. Here’s how I can help as your personal injury lawyer:
- Negotiating with the insurance company – I handle all communications so they don’t pressure you into a low settlement. My previous experience in insurance defense work means I know their tactics and how to negotiate to get the best settlement for you.
- Proving fault and gathering evidence – I work to build the strongest case possible by collecting police reports, medical records, and expert testimony.
- Maximizing your settlement – I’ll calculate the full value of your case, including medical expenses, lost wages, and pain and suffering, to ensure nothing is left on the table.
- Taking your case to court if necessary – If the insurance company refuses to offer a fair settlement, I’m prepared to fight for you in court.
Why Choose Schmitz Law After a Car Crash
At Schmitz Law, I understand how overwhelming life can feel after a car crash. Unlike large law firms where your case gets lost in the shuffle, I give one-on-one, personal support to every client. With my experience handling Idaho car wreck cases and negotiating with insurance companies, I’ll do all I can to make sure you get the justice and compensation you deserve.
If you’ve been in a car wreck in Idaho, don’t face it alone. Contact me today for a free consultation, and let’s talk about how I can help you move forward.
