- Make sure the scene is safe, then call 911
- Safety needs to be your top priority after a car accident. Once you’ve made sure the scene is safe, call 911 and remain at the scene until an officer from the Billings Police Department or Montana Highway Patrol arrives. Unless you have to seek emergency medical attention, leaving the scene of a serious accident is a serious crime in Montana.
- When the officer arrives at the scene, get their name, badge number, and the name of the investigating agency. This is important information to help you get your police accident report promptly after the crash. Make sure you also get checked out by emergency responders to protect your health.
- Start gathering evidence at the scene
- If you have a camera or smartphone, take pictures of the scene, any visible injuries, damage to vehicles or other property, and any other visible evidence (such as skid marks). Write down your memory of what happened and your observations at the scene. Contemporaneous accounts of what happened are powerful evidence in a car accident case.
- Get names and contact information for any witnesses as well as contact and insurance information from the other driver. Keep your comments brief, however, and stick to the facts of what happened. Don’t say anything about fault – you are not in a position to determine fault at the scene – and don’t apologize. Even an innocuous “I’m sorry” or “I wasn’t paying attention” could be seized upon by an insurance company to deny your claim.
- See a doctor as soon as possible
- Even if you feel fine, you need to see a doctor. You can go to the emergency room at St. Vincent Healthcare or Billings Clinic, get checked out at an urgent care facility, or see your primary care provider (PCP) – the most important thing is that you get checked out right away. This is critical for two reasons. First, you could have a hidden injury, such as a traumatic brain injury or internal organ damage, and you want that injury diagnosed right away to protect your health. Second, seeing a doctor creates a record of your injuries and makes it harder for the insurance company to deny your claim later.
- Notify your insurance company – but be careful
- Most insurance companies require their customers to report an accident promptly. When you notify your insurance company, keep your comments brief. Answer their questions succinctly and don’t volunteer any extra information. Again, stick to the facts of what happened, and don’t say anything about fault. Remember that you don’t have to talk to the other driver’s insurance company at all – and you shouldn’t. The best option is to have an attorney deal with them on your behalf. You also shouldn’t sign any documents from an insurance company (such as medical releases), provide a formal statement, or accept a settlement offer without speaking with an attorney first.
- Call a Billings car accident lawyer
- It’s never too soon after an accident to contact a car accident lawyer – you can even call an attorney from the scene for advice. The sooner you get a lawyer on your side, the sooner they can take over dealing with the insurance company on your behalf. An attorney can even handle the initial notification to the insurance company and the request for the police accident report if you get them involved quickly enough.