What to Do After Being Rear-Ended
Feb. 3, 2025
Car accidents, especially rear-end collisions, can be disorienting and overwhelming. They happen quickly and often leave you feeling confused about what to do next. There are several critical steps to take after being rear-ended to protect your health, your rights, and your finances.
Knowing what actions to take after the crash can make a significant difference in how things unfold. If you’ve been rear-ended in Clayton, Missouri, turn to Attorney Phillips as your accident attorney from the Law Offices of Joseph Phillips to help you handle the details of your case and walk you through the steps following a crash.
Stop and Assess the Situation
After any collision, your first priority should always be safety. Whether the accident is minor or more serious, stop your vehicle immediately and check for any signs of injury. Missouri law requires drivers to remain at the scene of an accident, even if it seems like only minor damage occurred.
Pull over to a safe spot if you can and turn on your hazard lights to alert other drivers.
Once you're in a safe position, check yourself, passengers, and others involved in the crash for injuries. Even if you feel fine, it’s crucial to be cautious. Adrenaline can mask symptoms of injuries, and some problems may not be immediately apparent.
Call Emergency Services
It's important to report the accident to law enforcement, even if it's a minor rear-end collision. Calling the police will result in an official accident report, which will be valuable later for insurance claims and any legal proceedings. The report will document details of the crash, including how it happened, who was at fault, and any statements from witnesses.
If there are injuries, it’s important to call for medical assistance right away. Even minor rear-end accidents can lead to soft tissue injuries, such as whiplash, that can worsen over time if not treated. If emergency responders suggest you go to the hospital or see a doctor, follow their advice.
Document the Scene
After the authorities arrive, you can begin to collect information. It’s essential to document everything you can about the accident for future reference. Here are some things to record:
Names, contact information, and insurance details of all involved drivers
License plate numbers of all vehicles
The location of the accident (use landmarks or street names)
A description of what happened, including weather and road conditions
Photos of the vehicles, damages, and any visible injuries
You should also get the contact information of any witnesses who saw the accident occur. Their testimony might be helpful later, especially if there’s a dispute about who caused the accident.
Seek Medical Attention
Even if you don’t feel immediate pain, it’s a good idea to seek medical attention after a rear-end collision. Injuries such as whiplash, neck strain, and back pain can take hours or even days to appear. A medical professional will be able to identify injuries and recommend treatments, such as physical therapy or medications, if necessary.
Keeping records of your visits to doctors and any treatments you receive will also help if you decide to file an insurance claim or pursue compensation. Missouri law allows you to seek medical care long after the accident, but it’s always better to be proactive about your health.
Notify Your Insurance Company
After you’ve addressed your immediate health concerns, you should contact your insurance company to report the accident. Missouri is an "at-fault" state, meaning that the driver responsible for the accident is typically liable for damages.
Your insurance company will guide you through the claims process and determine how to proceed with repairs, medical bills, and other financial losses. Be cautious about what you say to your insurance company.
It’s not uncommon for an adjuster to ask leading questions to minimize the payout. Stick to the facts, and avoid admitting fault, even if you believe you might have caused the accident. It’s a good idea to consult with an accident attorney before speaking in detail with your insurance company.
File a Claim
Once you’ve contacted your insurance company, they’ll typically begin the process of investigating the crash. In Missouri, your insurance policy may have coverage for your own injuries and damages, such as Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist coverage.
If the other driver is determined to be at fault, their insurance will likely cover your expenses. If you can’t reach a fair settlement with the insurance companies, or if the responsible party doesn't have adequate coverage, your accident attorney may suggest filing a lawsuit.
An accident attorney can also help gather evidence, speak to medical providers, and consult with experts if necessary. Filing a lawsuit can be time-consuming, but it might be your best option if the other party is unwilling to take responsibility or if their insurance company doesn’t offer a fair settlement.
Know Missouri's Statute of Limitations
Missouri has a statute of limitations that dictates how long you have to file a personal injury lawsuit. Generally, you have five years from the date of the accident to file a claim for bodily injury or property damage, according to the Revisor of Missouri.
However, if you wait too long, you could forfeit your right to recover damages. Your accident attorney can help see that all deadlines are met and that your claim is properly filed.
Evaluate Any Offers from the Insurance Company
In many rear-end collisions, the at-fault driver’s insurance company will make an offer to settle the claim. While this might seem like a convenient option, it’s important not to rush into accepting any offers. Often, insurance companies will make a low initial offer, hoping that the claimant will accept the quick payout without fully understanding the value of their claim.
Before agreeing to any settlement, it’s advisable to consult with your accident attorney. They can help you assess whether the settlement is fair based on the extent of your injuries, medical costs, lost wages, and any long-term effects the accident might have on your health.
Pursue Compensation for Damages
Once you’ve reviewed all your options and worked with an accident attorney, you may decide to pursue compensation for damages. These damages can include:
Medical expenses: Both past and future medical bills related to the accident.
Lost wages: Compensation for any time you were unable to work due to your injuries.
Pain and suffering: Compensation for physical pain and emotional distress caused by the accident.
Vehicle damage: Payment for repairs to your vehicle or its replacement if the damage is beyond repair.
Other expenses: This can include transportation costs, home care, or other out-of-pocket expenses related to your injuries.
A skilled accident attorney can help calculate the full value of your damages and work to secure the justice you deserve. They can also guide you on whether taking the case to court is the best option, especially if negotiations fail.
Stay Patient and Informed
Finally, after a rear-end accident, it’s crucial to stay patient. The process of recovering from injuries, repairing your vehicle, and negotiating with insurance companies can take time.
Throughout this process, maintaining good communication with your accident attorney is key to understanding your rights and options. Missouri’s personal injury laws can be tricky, but with the right guidance, you can move through the process more smoothly.
Reach Out to an Experienced Accident Attorney Today
Are you located in Clayton, Missouri, or the surrounding areas and need experienced legal counsel? The Law Offices of Joseph Phillips serves clients throughout Clayton, St. Charles, Jefferson County, and anywhere else in the greater St. Louis metro area. Contact the firm today to schedule a consultation and take the first step toward protecting your rights.