A car accident can happen anywhere, including on private property. After a car accident on private property, it can be tough to know how to proceed. Are the procedures the same?
Typically, you should check for injuries and call 911 after any crash. This includes one that happens on private property. However, you should know that there are a few distinctions between public and private roads.
Public vs. Private Roads
A car accident on private property can range from a minor fender bender to a serious collision. The driver may not be the only party at fault for the incident. In some cases, the property owner may also be at fault.
How could a property owner be held liable? They could be liable if the accident occurred due to hard-to-read signage or poorly maintained premises. There are many reasons why a property owner could be fully or partially held at fault for a car accident.
Another difference between a private and public property car accident is that the police may come to the scene, but they are not required to write an official police report. You can still ask for them to document the accident with an incident report. Their write-up can help show when the crash happened, who was involved, and other pertinent details.
How Fault is Determined in Car Accidents on Private Property
You might suspect that the party that hit your car on private property was distracted or otherwise negligent. However, regardless of your suspicions, you need to prove that they caused the accident. Without evidence, you might be on the hook to pay for your property damage, medical bills, and other expenses. Even if you carry the state-required minimum amount of personal injury protection (PIP) insurance, your insurance carrier may balk at paying you what you think you deserve. For this reason, many people seek out assistance from a Delaware car accident lawyer.
To help your case, you should gather evidence that proves that the other party negligently caused your accident. Your proof could take the form of photographs, videos, or even eyewitness accounts. You might be able to obtain security camera footage as well. The more evidence you have, the stronger your case.
Should You Wait to Get Medical Treatment?
It can be tempting to put off going to an urgent care facility or emergency room, especially if you can still get around after the car accident. However, the problem with waiting is that the longer you put off getting diagnosed and treated, the more likely it is that an insurance company will say that your injuries were not related to the accident.
Even though you will have to pay out of pocket for some or all of your medical costs, you should get a check-up after any type of accident. A thorough examination can rule out conditions that may seem small at first but can lead to bigger problems, such as a traumatic brain injury. Always put your health first.
You may assume that your insurance company will be able to win a fight against another insurance company or that you can talk a property owner’s insurance company into covering your bills. However, dealing with insurance providers, including your own, after any type of accident can be overwhelming and confusing.
Insurance companies want to pay as little as they can. They can take a long time to accept liability. They may offer you a sum that does not adequately meet your needs. However, assistance from a lawyer can be beneficial, particularly if you are trying to heal from a catastrophic injury. It is much easier to let a legal professional handle the process on your behalf.
Avoiding Car Accidents on Private Property
Not all car accidents are avoidable, but you should still take steps to avoid one from happening. Some important driving tips include:
- Drive at a speed appropriate to your location, time of day, number of other vehicles, and weather conditions.
- Never allow yourself to be distracted while driving.
- Never drive while intoxicated or under the influence of any legal or illegal drug.
- Pay careful attention when driving in an unknown area.
- Steer clear of any driver who seems to be driving erratically.
Taking precautionary measures can help you prevent a car accident.
Rhoades & Morrow Will Help You Figure Out the Next Best Steps After a Car Accident
Were you recently injured in a car accident that happened on private property in Delaware? The experienced attorneys at Rhoades & Morrow can help you after any collision. Contact us online to schedule a free consultation. Located in Wilmington, Newark, Milford, and Lewes, we aim to serve clients throughout Delaware.
