Car accidents can be a traumatic experience, and knowing what to do in the aftermath can help ease your anxieties. Understanding the steps to take after a car accident is integral to protecting your rights and ensuring you receive the compensation you deserve. Use this guide to help navigate the aftermath of a car accident in Delaware, including legal responsibilities, immediate steps to take, seeking medical treatment, dealing with insurance companies, and knowing when to seek legal representation for your accident.
Delaware’s Car Accident Laws
As a driver in Delaware, the state laws require you to stop immediately at the scene of an accident. Failing to do so can lead to significant legal penalties, including felony charges for hit and run. You must report the incident to the local law enforcement agency if the accident involves injuries, fatalities, or significant property damage.
Delaware’s Laws Regarding Liability, Insurance, and Filing a Claim
Delaware operates under a fault-based car insurance system. This means that the driver who caused the accident is legally responsible for any resulting harm or damages. Once fault is determined, the at-fault driver’s insurance is typically responsible for covering medical expenses, property damage costs, lost wages, and other accident-related expenses.
Concerning insurance, Delaware law requires drivers to carry a minimum amount of liability insurance, including $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $10,000 for property damage.
When filing a claim, you must act promptly. Notify your insurance company immediately after the accident, providing all necessary information truthfully. Keep in mind that providing false information can lead to the denial of your claim and even legal action.
Immediate Steps to Take After a Car Accident
Call the Police
Your first course of action should be to call the police, even if the accident seems minor. An official police report can be vital when dealing with insurance companies or if legal action becomes necessary.
Seek Medical Treatment and Document Injuries
Even if you feel fine, get evaluated by a healthcare professional after a car accident. Injuries such as concussions and internal bleeding may not present symptoms immediately but can have severe consequences if left untreated. Ignoring seemingly minor injuries can lead to long-term physical issues. Delayed treatment can worsen the condition, increasing the recovery period and medical costs. Insurance adjusters may also question the seriousness of your injuries if you didn’t seek immediate medical attention and waited.
Document Evidence at the Scene
Evidence collected at the scene of an accident can play a significant role in supporting your insurance claim or a potential lawsuit. Collect as much information as possible, which includes taking photos and videos of the accident scene, the vehicles involved, and any visible injuries you or your passengers might have.
Exchanging information with the other driver(s) involved is also a critical step. Gather their name, contact details, driver’s license number, vehicle information, and insurance details. Also, note the location, time, and weather conditions during the accident.
If there are any witnesses, collect their contact information as well. Their testimonies could provide an unbiased account of the event, which can be valuable during insurance negotiations or a legal dispute.
Deal with Insurance Companies
Insurance adjusters will scrutinize your claim to minimize the payout. Be cautious in your communication, and only provide facts. Avoid making speculative statements about fault or discussing your injuries extensively without medical documentation.
When to Seek Legal Representation
If your claim is denied, you face serious injuries, or if there’s a dispute over who’s at fault, it may be time to hire a personal injury attorney. An experienced lawyer understands the legal landscape and can help you navigate the insurance claims process. They’ll fight for your rights and ensure you get the compensation you deserve.
Statute of Limitations for Car Accident Cases in Delaware
In Delaware, you have two years from the date of the accident to file a personal injury lawsuit. Seek legal guidance as early as possible, as missing this deadline could bar you from receiving compensation.
Seeking Compensation for Damages and Injuries
In Delaware, comparative negligence is followed, meaning your compensation may be reduced if you’re found partially at fault for the accident. The state practices a modified version of comparative negligence where you can only recover damages if your fault doesn’t exceed 50 percent. If you are more than 50 percent at fault, you may not be able to recover any compensation. That’s why it’s imperative that you collect substantial evidence proving the other party’s fault.
Depending on the specifics of the accident, you may be entitled to compensation for medical expenses, lost wages, and emotional distress. A qualified lawyer can help determine and quantify these damages, as well as argue your case effectively.
Consult Rhoades & Morrow After a Car Accident
In the event of a car accident, following these steps can provide clarity and ensure positive outcomes. Remember, legal advice can be invaluable, aiding you in navigating the intricacies of the accident aftermath and claims process.
If you’re dealing with the aftermath of a car accident in Delaware, reach out to Rhoades & Morrow by calling (302) 427-9500 for personalized advice. Schedule a free consultation today. You’ll also find a wealth of resources discussing Delaware’s car accident laws and personal injury claims.
