Knowing how to handle a car accident on vacation can significantly impact protecting your rights and securing justice, regardless of whether you were in your car or a rental. Taking the right steps helps to safeguard evidence and ensure you have a strong case against the at-fault driver later.
Working with a Metairie car accident lawyer familiar with the area and applicable state and local laws can make it easier to recover the compensation you deserve while you heal and return home to rehabilitate.
Essential Steps to Take After a Motor Vehicle Accident on Vacation
The steps you can take to get justice after another driver causes your vacation accident include:
1. Notify Authorities and File a Police Report
- Call 911: Responding police officers will file an official crash report, which is crucial for filing an insurance claim, to provide to the rental car company if necessary, and supporting your car accident case.
- Request a Copy of the Report: Ask for instructions on obtaining a copy of the accident report, as it may not be clear where to go or whom to contact once you return home and need it for insurance or legal matters.
2. Gather Evidence at the Scene
- Initiate Evidence Collection: If your injuries allow, gather evidence to support your claim. If you have severe injuries and no one with you to manage these tasks, prioritize your health and well-being first.
- Take Photos and Videos: Document the accident scene, vehicle damage, road conditions, weather, and other relevant details in close-up and wide-shot images of the scene.
- Get Contact Information: Collect names, phone numbers, and insurance details from other drivers and any witnesses. You can take a photo of their driver’s license, license plate, and other identifying information if that is easier.
3. Notify Your Insurance Company
- Provide Initial Details: Call your auto insurance provider to give the general information about the crash (when and where) and initiate a claim if necessary.
- Rental Car Coverage: If it is a rental, notify both your personal insurer and the rental company to clarify coverage, especially if you purchased additional insurance through the rental agency. Avoid discussing accident details beyond the basic facts of when and where it occurred.
4. Contact the Rental Car Company (if applicable)
- Follow Rental Procedures: If you are in a rental car, contact the company immediately for guidance on handling the accident and any documentation they require.
- Review Your Agreement: The paperwork included with your rental contract should outline coverage, deductibles, and specific reporting procedures that vary company to company. You will likely find a number in this paperwork to report the collision.
5. Seek Medical Attention
- See a Doctor for Any Pain or Symptoms: Even if you do not feel hurt immediately, see a medical professional at the nearest emergency medical department or walk-in clinic. Some injuries, like whiplash, may not be obvious right away. When you are in an accident, it is not uncommon to not feel pain right away because you may feel a surge of adrenaline, which your body releases during stressful situations, effectively masking pain sensations and allowing you to focus on immediate action (i.e. fight or flight response). This is one reason you may not feel the full extent of your injuries until after the adrenaline wears off, which could take hours or even days after the accident.
- Document Medical Visits: Keep records of all treatments and diagnoses, which will be essential for any insurance claim involving medical expenses.
6. Seek Legal Advice
- Consult a Lawyer: If you are injured, a car accident lawyer can explain your rights, explore your options, and manage the claims process. A lawyer in the area where you were hurt will understand the local laws and legal system.
- Protect Your Rights: An attorney can guide you on managing insurers, preserving evidence, and securing compensation for your accident injuries and damages. An experienced lawyer will get you the results you need.
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Types of Damages Available for Auto Accident Victims Hurt While on Vacation
When you or a family member suffers injuries in an auto accident on vacation, it may be possible to recover compensation by holding the at-fault driver responsible based on the applicable state and local laws. The recoverable damages will depend on the injuries, expenses, and losses suffered.
Whether your loved one has lasting traumatic brain injuries, or you are recovering from limb injuries, you likely have many costs related to the crash. With help from a lawyer, you can document these costs and seek fair compensation. The money you recover could pay for:
- Medical treatment and future care and support needs
- Income losses while you recover
- Diminished earning capacity if you cannot recover fully
- Property damage replacement
- Related expenses with receipts
- Pain and suffering and other intangible losses
If you were driving a rental car, the at-fault driver may also be liable for repair costs and other losses incurred by the rental car company.
How a Car Accident Lawyer Can Help with Your Insurance Claim
Navigating an insurance claim or lawsuit based on a collision is always easier with help from an experienced and knowledgeable lawyer.
When you live somewhere other than where the crash occurred, having a local lawyer managing your case is even more important. They will be the boots on the ground to navigate the accident claim, negotiate a settlement, and litigate the case, if necessary.
Legal deadlines apply in these cases, but the timeframe for filing a lawsuit depends on the state where the accident occurred, ranging from one to five years.
For example, Louisiana (L.A. Civ. Code § 3493.1), Texas (Texas Civil Practice and Remedies Code § 16.003), and Florida laws offer two (2) years to sue an at-fault driver.
In Mississippi (Mississippi Code § 15-1-49), the statute of limitations to file a car accident lawsuit is three (3) years from the date of the accident.
However, TN Code § 28-3-104 only gives you one (1) year to sue if your accident occurs in Tennessee.
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Learn More About Your Legal Options by Contacting Our Car Accident Attorneys Today
Poolson | Oden Injury Lawyers fight for justice for our clients. We have recovered more than $26 million in the last five years alone. Let us use our experience and resources to protect your rights and secure the compensation you deserve after a vehicle accident on vacation.
Our law firm provides free consultations for injured accident victims. Contact us today to discuss how our team of car accident lawyers can help with your claim.