Car accidents can happen in the blink of an eye, and the decisions that you make in the moments and hours that follow can impact your life for years to come. From a minor fender-bender to a serious collision, knowing what to do immediately after an auto accident in North Carolina is crucial for protecting your health, your legal rights, and your financial future.
The aftermath of a car accident can be overwhelming, especially if there are injuries or vehicle damage involved. Unfortunately, many people involved in car accidents make critical mistakes during that time that can severely compromise their ability to recover fair compensation when the time comes.
Don’t let confusion or panic cost you what you deserve. This guide will walk you through every essential step that you need to take immediately after a car accident in North Carolina, ensuring your rights are protected from the very beginning.
Step #1: Ensure Safety and Check for Injuries
Your safety and the safety of others should always be your first priority when an auto accident occurs, regardless of how minor it seems. In those first moments you should:
- Take a deep breath and try to remain calm
- Check yourself and any passengers for obvious injuries
- If your vehicle is drivable and blocking traffic, carefully move it to the side or shoulder of the road
- Turn on your hazard lights to alert other drivers
- Get to a secure location, away from traffic, while remaining visible to emergency responders
- If you cannot safely move your vehicle, stay inside with your seatbelt fastened until help arrives, with your hazard lights on
It is important to remember that some serious injuries, like concussions, internal bleeding, or spinal trauma may not have immediate symptoms. Even if it appears as if everyone involved is uninjured, it is important to proceed with caution and to seek medical evaluation.
Step #2: Call 911 and Report the Accident
According to North Carolina General Statute § 20-166.1, you are required to report an auto accident to law enforcement with limited exceptions. This isn’t just a legal obligation, however. It is one of the most important steps you can take to protect yourself.
You could call emergency services, or 911, in the following circumstances:
- Any time there are injuries – even if they are minor
- When there is significant property damage
- If the other driver appears impaired or is behaving erratically
- When fault is disputed
- If the other driver refused to provide their insurance information
- For any hit-and-run accidents
It is important to relay the following information to the emergency dispatcher:
- Your exact location (street names, landmarks, mile markers)
- If anyone appears to be injured
- If traffic is currently being blocked by vehicles that cannot be moved
- If there are any hazards like spilled fluids or debris
The officer who responds to the scene of the accident will create an official police report that includes an unbiased account of the accident. This report becomes crucial evidence for insurance claims and potential legal proceedings. You should request the police report number and ask how you may obtain your copy of the report.
Step #3: Document Everything That You Can at the Scene
Information is power when it comes to car accidents, and the more evidence that you can gather at the scene, the stronger your position will be later when it comes time to consider legal action.
Take detailed photos of all vehicle damage, the accident scene, any traffic signs or traffic lights, skid marks on the road if they exist, license plates and any visible injuries. Your photos should also include documentation of the time, date, and weather conditions. Recording a voice memo of your recollection of the accident can also be helpful in that moment so you won’t need to worry about remembering later.
Even if damage and injuries seem minor, take photos anyway as issues may become more apparent over time.
Step #4: Exchange Information with All Parties
Collecting information from every driver involved in an auto accident is a critical step to take in the immediate aftermath. In North Carolina, drivers need to exchange the following information after a collision:
- Full names of all drivers and vehicle owners
- Driver’s license numbers
- Insurance company names and policy numbers
- Vehicle makes, models, years, and license plate numbers
- Phone numbers and addresses
Pro Tip: Take photos of the driver’s insurance card and driver’s license rather than writing everything down (assuming consent of the other party to do so). This ensures accuracy and saves time!
If the other driver(s) refuses to provide their information or does not have insurance, make a note of this and inform the law enforcement officer at the scene.
Step #5: Gather Witness Information
Witnesses can provide crucial independent testimony about how an accident occurred, especially in cases where fault is disputed.
When speaking with witnesses, collect their full name and contact information. Ask if they would be willing to provide a statement and their account of what they saw. It is important to approach any witness politely and express your appreciation for their help. If you can get them to record a statement on your phone that is even better, but you don’t want to lead or coach anything they say.
Remember, witnesses may want to leave the scene quickly, even before emergency services arrive, so gathering their information should be a priority if you can do so safely.
Step #6: Avoid Admitting Fault
One of the most common mistakes you can make after a car accident is admitting fault or apologizing, even as a polite gesture. In North Carolina’s contributory negligence system, any admission of fault can be used against you at a later time.
Here are some examples of what you should not say:
- “I’m sorry” or “It was my fault”
- “I didn’t see you”
- “I was going too fast” or “I think I ran that red light”
- Any speculation about what caused the accident
Instead, try saying:
- “Is everyone okay?”
- “Let me get my insurance information”
- “I think we should call the police”
- Simple basic facts of what happened
Step #7: Seek Medical Attention As Soon As Possible
Getting prompt medical care serves two important purposes: protecting your health and creating an official record linking any injuries to the accident.
Some serious injuries, like whiplash, concussions, or internal injuries may not show symptoms immediately, and insurance companies often argue that delayed medical treatments mean injuries weren’t serious or weren’t caused by the accident. Early medical documentation creates a clear timeline that links your injuries to the accident. If you have an obvious and serious injury, go to the emergency department immediately. If less severe symptoms are present, visit an urgent care provider or your primary care physician on the same day. Even if you feel fine, consider seeking medical evaluation within 24-48 hours.
Important: ALWAYS follow your healthcare provider’s treatment plan exactly. Gaps in treatment or missed appointments and follow-ups can be used by insurance companies to argue that your injuries were not severe.
Step #8: Contact Your Insurance Company – But Do So Carefully
While you are required to notify your insurance company about your car accident, the timing and approach you take will matter significantly.
BEFORE calling your insurance company, consider consulting with a personal injury attorney first. They can advise you on what to say and what information to provide to protect your interests.
When you do call, it is important to do and say the following:
- Report the accident promptly and within a reasonable amount of time
- Stick to basic facts about when, where, and how the accident occurred
- Avoid any speculation about fault or the extent of your injuries
- Don’t accept their first settlement offer without consulting an attorney
Step #9: Consult with a Personal Injury Attorney in North Carolina
The best time to contact a personal injury attorney is before you make any extensive statements to insurance companies. An experienced North Carolina car accident lawyer, like Jackie Houser, can protect your rights from the very beginning.
Early legal consultation is important because insurance companies will often try to settle quickly and for less than your claim is worth. An attorney can help you understand the full value of your claim and avoid statements that may harm your case. A personal injury lawyer can investigate the accident thoroughly, gather evidence that may not be available later, handle all communications with insurance companies, and ensure you meet all legal deadlines. They can also calculate the full value of your damages, negotiate fair compensation, and represent you in court if it comes to that.
Don’t worry about the cost…most personal injury attorneys, including Flexner Houser Injury Law, work on a contingency fee basis, meaning you don’t pay unless we win your case.
Step #10: Begin Compiling Documentation
From the moment that you suspect an injury, start keeping detailed records of everything related to your accident and subsequent recovery.
Records you should keep include everything from medical bills and receipts to documentation of missed work and lost wages. Even a daily journal that describes your pain, limitations and how your injuries are impacting your daily life can be helpful.
This documentation will be crucial for calculating the full value of your damages, including current and future medical expenses, lost wages, and other compensation you deserve.
Flexner Houser Injury Law: Trusted Partner in North Carolina
The moments after a car accident can determine the outcome of your case for years to come. Don’t navigate this challenge time alone or risk making costly mistakes that could jeopardize your ability to recover fair compensation.
The experienced team at Flexner Houser Injury Law has helped countless North Carolina car accident victims protect their rights and get the compensation they deserve. Contact Us today for a free consultation.
Read More:
