Knowing what to do after a serious car accident caused by another driver in Kentucky can be confusing. Even knowing what your rights are might not be clear. But it’s essential to take specific steps right away for many reasons.
First and foremost, you need to act fast for your health and well-being. In addition, if you don’t take specific steps, you might have a hard time proving you did not cause your car accident. And if that happens, you might have difficulty getting the money you deserve for your injury-related expenses.
Steps to take at the crash scene
Immediately after your accident, you need to take specific steps right away. Of course, every accident is different, but in most cases, such actions include:
- Call the police right away. This is especially true if someone was seriously injured or killed in a car accident. Kentucky Law (KRS 189.635) requires drivers to report serious car accidents to the police. A local police officer or a state trooper from the Kentucky State Police will investigate your accident and then generate an accident report (more on that below).
- Seek immediate medical attention. If you or someone else is injured, ask the police to send an ambulance.
- If it’s safe to do so, take photos of your accident. Include different angles of the crash, all property damage, tire marks, street signs, traffic signals, visible injuries, and anything else that might be relevant to your crash.
- If someone witnessed your accident, get their name and contact information. Eyewitness testimony can be critical evidence in support of your accident claim.
- Exchange information with the other driver. This includes your name, address, phone number, driver’s license number, and insurance information.
- Once you have exchanged information with the other driver, don’t discuss your accident or argue about who is at fault. Anything you say could be used as evidence to deny your injury claim.
A few hours later – additional steps to take
Perhaps your car accident happened a few hours ago. What should you do now?
- Call a car accident lawyer to learn more about your legal rights and options. You may be entitled to compensation for your losses, and an attorney can help you maximize the value of your claim.
- Write down as much as you can remember about your accident while those details are fresh in your mind. This way, you’ll have a personal record of what happened.
- See a doctor as soon as possible after your accident. Even if you have already been examined by an EMT or an emergency room doctor, schedule an appointment with a medical professional immediately. Many car accident injuries (concussions and whiplash, for example) often take hours or days to develop after an accident.
- Take your doctor’s advice. For example, if your doctor prescribes medication or tells you to stay home from work and rest, do what they ask you to do. If you don’t, your injury claim might be denied since the at-fault party’s insurance company might claim you’re not hurt since you didn't follow your doctor's orders.
- Don’t write or post about your car accident on social media (Twitter, Facebook, Instagram, TikTok, etc.). Anything you post could be used as evidence against you.
Steps to take a few days later
Your car accident happened a few days ago. If you have not already done so, take these steps. Many of them are required by law if you plan to file a car accident claim, which you should do since another driver caused your crash. Otherwise, you might not be financially compensated for your accident-related expenses. Such steps include:
- Call the police and report your car accident if you have not already done so. According to Kentucky law, you have 10 days to file an accident report if you believe your car accident resulted in at least $500 in damage (KRS 189.635(4)).
- If you have not already done so, contact your insurance company and tell them you have been involved in a car crash caused by another driver. By law in Kentucky, you have 10 days to notify your insurance company.
- Schedule a follow-up doctor’s appointment. Don’t take chances with your health. You want to ensure any potential injuries you sustained are diagnosed and documented correctly.
- Get a copy of your Kentucky accident report. That way, you can review your information and make sure it’s accurate.
- If the at-fault driver’s insurance company calls you, don’t talk to them. Even if their questions sound straightforward, anything you say or put in writing with them could be used as evidence to deny your accident claim. You are not legally required to talk to the other driver’s insurance company. Tell them to speak to your lawyer if they want more information.
- Call a car accident lawyer immediately to review your legal rights and options if you have not already done so.
Get a Louisville car accident attorney to fight for you.
At The Whaley Law Firm, attorney Aaron Whaley has the knowledge, experience, and resources to help you find your way forward after a car accident in Louisville that was not your fault. If you were injured or a loved one died in a Louisville wreck due to negligence, attorney Whaley can step in, protect your rights, and fight for the financial compensation you deserve.