West Virginia Car Accident Lawyer

Car accidents can be traumatic and unsettling. Knowing the proper steps after an accident is important when protecting your legal rights and ensuring fair compensation.

Ensure Safety and Call 911

The first priority after an accident is to make sure everyone is safe. Move the vehicles out of the flow of traffic if possible. Call 911 even if anyone is hurt, even if the injuries seem minor.   West Virginia requires reporting any crash involving injury, death, or property damage over $1,000 — which is nearly every accident. Without a police report it becomes your word against theirs. [Example: a client rear-ended at a stoplight in Charleston felt fine, but when their neck started hurting later, the other driver claimed the client had backed into them. With no report, it came down to one person’s word against the other’s.]

Document The Accident Scene

Take notes about what happened. Take photos and videos of the resulting damage and circumstances surrounding the accident. If the police are called, they will help document the accident, but you should still take your own photos if you can. You will also want to gather the police report after the accident to make sure you are not incorrectly listed as the at-fault party. Photos and witness information shut down disputes before they start. [Example: a client from Morgantown was T-boned and the other driver blamed her, but her photos showed he had run a red light, and the claim resolved quickly.]

Gather Witness Information

Get the names, addresses, and phone numbers of anyone involved or who saw the accident. Lawyers often assist with gathering witness statements when necessary during a personal injury lawsuit.

Seek Medical Attention

Just because you feel fine immediately after an accident does not mean that you aren’t injured. Some injuries, such as whiplash, may not appear immediately. Therefore, you must seek medical treatment even if you feel fine after an accident. A medical professional will ensure you are ok and document any injuries. Waiting creates a treatment gap, and that gap is the first thing an insurer uses against you. [Example: someone rear-ended in Beckley walked it off, then needed serious neck treatment days later; the insurer used the delay to question the claim.]

Report The Accident To Your Insurance Company

Notify your insurance and provide all necessary information, including the other driver’s information, witness statements, photographs, and accident details. Your insurance company may investigate further. You will also report to the at-fault driver’s insurer. If that driver turns out to be uninsured or underinsured, your own uninsured/underinsured motorist coverage may step in, so check your policy before assuming there is nothing to recover.

Don’t Settle Too Fast

A quick check from the insurer usually means giving up the right to more, even if your injuries turn out to be worse than they first seemed. Once you sign, the claim is closed. [Example: clients in Parkersburg came in after cashing that first check, only to find their injuries were worse than they thought. By then it was too late to reopen the claim.]

Contact a Car Accident Lawyer

Contact an attorney as soon as possible to improve your chances of receiving fair compensation. All statements you make to the insurance or other parties involved can be used against you and hinder your recovery. An experienced lawyer can ensure you don’t make any mistakes that may jeopardize your case. Whether you are dealing with a bad faith insurance offer or a combative at-fault party, our experienced car accident attorneys in West Virginia can fight on your behalf. [Example: a client in Wheeling was rear-ended at a stop sign and blamed for stopping short; traffic-camera footage proved she was driving safely, and the insurer paid her damages, medical bills, and lost wages.]