After a car accident, expect to face a series of medical, financial, and legal steps. The process involves documenting your injuries, communicating with insurance companies, and tracking all related expenses to build a comprehensive claim.
A car accident attorney helps you manage these complexities, protect your rights, and work toward a fair resolution.
Key Takeaways for What Happens After a Car Accident
- Your first priority after getting home is to follow all medical advice and document your recovery process.
- You'll need to communicate with both your own insurance company and the at-fault driver's insurer, but be careful what you say.
- Keep detailed records of expenses, lost work time, and medical treatments.
- The car accident settlement timeline varies widely depending on the complexity of the case and the severity of the injuries.
What To Expect in Nebraska’s Car Accident Claim Process
The car accident claim process in Nebraska has a deadline (statute of limitations) for filing a lawsuit. In Nebraska, you generally have four years from the accident to file a personal injury claim.
After the initial investigation, your attorney can send a demand letter to the at-fault driver's insurance company outlining the facts of the case, detailing your injuries and damages, and demanding a specific settlement amount.
The Negotiation Phase
The insurer will review the demand and respond with a counteroffer, beginning the negotiation phase. Most car accident cases are resolved through a settlement agreement.
Your attorney may recommend filing a lawsuit if negotiations don’t lead to a fair offer. Many cases still settle even after a lawyer has filed a lawsuit, as the action often acts as a catalyst for insurance companies to play fairly.
6 Steps To Take After a Car Accident
If you’ve already received initial medical care, then you’re on the right track.. What you do now significantly impacts your physical recovery and your potential insurance claim. You need a clear plan to organize your next steps. Following a structured approach helps you maintain control.
Here are the practical steps to take from home:
- Follow Medical Instructions: Adhere strictly to your doctor's treatment plan. This includes attending all follow-up appointments, taking prescribed medications, and participating in recommended physical therapy. Your health is the top priority, but following through on medical instructions also shows insurers that you’re taking your recovery seriously.
- Organize Your Documents: Create a dedicated file for all accident-related paperwork, including the police report, the other driver's information, medical bills, prescription receipts, and any correspondence from insurance companies.
- Start a Daily Journal: Document your physical and emotional state each day. Note your pain levels, any new symptoms, challenges with daily activities, and how the injuries affect your life. This journal provides a detailed account of your experience.
- Report the Accident to Your Insurer: Notify your own auto insurance company about the crash. Provide them with the basic facts of the accident as you know them. Avoid guessing about details or admitting any fault.
- Track Your Lost Wages: If your injuries prevent you from working, maintain a record of the days you've missed. Obtain a letter from your employer confirming your rate of pay and the hours you were unable to work.
- Contact a Car Accident Attorney: A lawyer offers guidance based on the specifics of your situation, preparing you for what’s next. They can review the facts of your case and explain your rights and options.
What To Expect From Insurance Companies After a Car Crash
After a car accident, you can expect to speak with representatives from at least two different insurance companies. Each has a different role and a different objective. Your approach to these conversations can influence the outcome of your claim.
Your Insurance Provider
Your own insurance company likely requires you to report the accident promptly. Your policy may include benefits like Medical Payments (MedPay) coverage, which can help with your immediate medical bills regardless of who was at fault.
When you speak to your insurer, provide factual information about the date, time, and location of the crash. Give them the names of other drivers and witnesses. Stick to what you know for certain and avoid speculating.
The At-Fault Driver’s Insurer
The other driver's insurance adjuster works for the insurance company, not for you. Their primary goal is to resolve your claim for the lowest possible amount. They may contact you soon after the accident to ask for a recorded statement.
You’re not obligated to provide a recorded statement to the at-fault party's insurer. These conversations can be used to find inconsistencies in your story or to get you to say something that undermines your claim.
It's best to decline this request until you have spoken with an attorney who can advise you on what to expect after a car accident from the insurer.
Documenting Your Injuries and Losses After an Auto Injury
A successful car accident claim process needs more than just your word to show the full extent of your injuries and financial losses. Your medical records provide a clinical overview, but a journal tells the personal story of your recovery.
This detailed account shows an insurance company or a jury how the injuries truly impact your daily life. It’s a powerful tool for demonstrating your non-economic damages.
Everyday items to track include:
- Pain Levels: On a scale of 1 to 10, record your daily pain and what activities make it worse.
- Physical Limitations: Note any difficulties you have with routine tasks like dressing, walking, lifting objects, or sleeping.
- Emotional Impact: Describe your feelings of anxiety, frustration, or sadness related to the accident and your injuries.
- Missed Activities: List any social events, family gatherings, or hobbies you couldn’t participate in because of your injuries.
Tracking Your Financial Damages
Every dollar you spend or lose because of the accident is a potential part of your claim. Without receipts and records, these losses become difficult to prove.
Examples of financial damages to document include:
- Medical Bills: This covers everything from ambulance transport and hospital stays to physical therapy and prescription costs.
- Lost Income: Keep pay stubs showing your earnings before the accident and documents showing the time you missed from work.
- Property Damage: Get estimates for the repair or replacement of your vehicle and any other personal property damaged in the crash.
- Out-of-Pocket Costs: Save receipts for things like transportation to medical appointments or necessary household assistance.
Gathering Essential Evidence
Beyond your personal records, other pieces of evidence help build a complete picture of the accident. This evidence supports your version of events and establishes the other party's fault. It also provides objective proof of your losses.
Important pieces of evidence are:
- Police Report: Obtain a copy of the official police report; it contains the investigating officer's initial findings.
- Photos and Videos: Preserve any photos or videos you took at the accident scene showing vehicle damage, road conditions, and your injuries.
- Witness Information: If anyone saw the accident, their contact information helps your lawyer build the narrative. A statement from an independent witness can be very persuasive.
What Happens After a Car Accident When You’re Partially at Fault
Many people worry that they can't file a claim if they contributed to the accident. In many situations, that isn’t the case. Nebraska law addresses these complex scenarios and provides a path for recovery even if you share some responsibility.
Nebraska’s Modified Comparative Negligence Rule
Nebraska follows a rule called modified comparative negligence, which allows you to seek compensation as long as your share of the fault is less than 50%. If your fault is 50% or more, you cannot recover any damages from the other party. Your percentage of fault reduces your final compensation.
How Insurance Companies Determine Fault
Insurance adjusters for both sides investigate the crash to assign a percentage of fault to each driver. They review all available evidence to make this determination. The initial assignment of fault is often a point of negotiation between your lawyer and the insurer.
Never admit fault, even if you think some of it rests on your shoulders. Your words can be used to increase your percentage of fault, even if you’re just speculating. Let the investigation establish the facts of the case.
A casual statement like "I should have seen them" can be interpreted as an admission that hurts your claim.
How a Personal Injury Lawyer Helps After a Car Accident
A personal injury lawyer does much more than file paperwork. They act as your advocate and guide, handling the complex aspects of your claim so you can focus on recovery. Their involvement can reshape what to expect after a car accident.
A lawyer assists you in several specific ways:
- Investigation: Your attorney will conduct a thorough investigation to gather all necessary evidence, such as official reports, witness statements, and traffic camera footage.
- Communication: They handle all communication with the insurance adjusters, protecting you from saying something that could harm your claim.
- Valuation: An attorney can accurately calculate the full value of your claim, including current and future medical costs, lost earning capacity, and pain and suffering.
- Negotiation: Armed with evidence and a proper valuation, your lawyer will negotiate with the insurance company to secure a fair car accident settlement.
- Litigation: If a fair settlement isn't possible, your attorney can file a lawsuit and represent your interests in court.
- Guidance: A lawyer can answer your questions about Nebraska car accident laws and provide clarity on the entire car accident claim process from start to finish.
FAQ for What To Expect After a Car Accident
How Long Should I Expect My Car Accident Claim To Take?
Simple cases with minor injuries and clear fault may resolve relatively quickly. Cases involving serious injuries or disputes over liability take longer because they require more extensive investigation, medical treatment, and negotiation.
A lawyer increases your chances of maximizing your compensation and helps you set expectations for your case during a free consultation.
What Happens if the Other Driver Was Uninsured?
If the at-fault driver has no insurance, you may be able to file a claim under your own Uninsured Motorist (UM) coverage. This is a part of your auto insurance policy that covers your losses in this exact situation if you have it. Review your policy documents to see the limits of your UM coverage.
Should I Expect To Go to Court for My Car Accident Claim?
Most car accident claims settle out of court through negotiations between your lawyer and the insurance company. A case only proceeds to court if the insurance company refuses to offer a fair settlement. While it's always a possibility, litigation isn’t the most common outcome.
What Damages Can I Claim After an Auto Accident in Nebraska?
In Nebraska, you may claim compensation for both economic and non-economic damages. Economic damages are your direct financial losses, such as medical bills, lost wages, and property damage.
Non-economic damages compensate for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
What If My Injuries Don’t Appear Immediately?
Some serious injuries, like whiplash or internal bleeding, may not present symptoms for hours or even days after a crash. Delaying medical care not only harms your health but also makes it more difficult to link your injuries to the accident for your claim.
If you feel any new pain or discomfort, even if it is minor, go to a doctor for a full evaluation.
Let Us Fight for You
Let a dedicated legal team manage your claim, protect you from unfair insurance tactics, and fight for the resources you need. Steffens Law Offices, P.C. provides the clarity and advocacy you seek. Contact us today for a free consultation to discuss your case.
You can reach our team at (402) 414-4896 to learn more about your legal options. Let us handle the pressure so you can concentrate on what matters most: your recovery.