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What to Do After Being Rear-Ended

Robert Louis Armstrong Personal Injury Attorney Oct. 18, 2024

One moment, you're cruising down the road, and the next, your car jolts forward unexpectedly. Turns out, you've been rear-ended. What should you do now? What are your rights, and how do you protect them?  

I'm a personal injury attorney with nearly 38 years of experience serving clients across North Carolina, including Wilmington, New Hanover County, Pender County, Brunswick County, and Onslow County. My law firm, Robert Louis Armstrong Personal Injury Attorney, supports people like you, fighting to get you fair compensation for injuries and losses. 

Let me walk you through the aftermath of a rear-end collision and explain what steps you should take to protect your rights so you're well-informed and well-prepared. 

Do This After Being Rear-Ended 

Taking the proper steps can significantly impact your recovery and claim process. 

  • Safety first: Your safety and that of your passengers is the top priority. Pull over to a safe spot and turn on your hazard lights if possible. Check for injuries and call 911 if medical attention is needed. 

  • Contact law enforcement: Always report the accident to the police, regardless of how minor it may seem. An official report can be critical when dealing with insurance claims and potential legal action. 

  • Gather evidence: Document the scene by taking photos of both vehicles, any visible injuries, and relevant surroundings. Collect contact information from witnesses, as their testimonies can be invaluable. 

  • Seek medical attention: Some injuries, like whiplash or internal damage, may not manifest immediately. A healthcare professional can diagnose and treat latent injuries promptly. 

  • Inform your insurer: Contact your insurance company immediately to report the accident. Provide them with all necessary details and follow their instructions regarding claim submission. 

  • Keep records: Keep records of all communications with your insurance company, including emails and phone call details. This creates a clear account of the process. 

  • Consider legal representation: Having an attorney can be beneficial when dealing with insurance companies. They can handle communications on your behalf and protect your interests. 

Common Mistakes to Avoid 

These are some common pitfalls that people encounter after a rear-end collision: 

  • Delaying medical treatment: Waiting too long to seek medical attention can harm your health and weaken your case. Prompt treatment is crucial for both recovery and legal purposes. 

  • Settling too quickly: Insurance companies may offer quick settlements that may be lower than you deserve. Consult with an attorney before accepting any offers to receive fair compensation. 

  • Ignoring follow-up appointments: Skipping follow-up appointments or treatments recommended by healthcare professionals can complicate your recovery and hurt your case. Consistent medical care shows your commitment to healing and provides further evidence of your injuries. 

  • Not following your doctor's advice: Ignoring prescribed treatments or failing to attend recommended therapy sessions can slow down your recovery, weaken your case, and make your injuries seem less severe than they are. 

North Carolina Laws Governing Rear-End Collisions 

These state laws directly influence your claims process and the compensation you may receive following an accident. 

  • Fault determination: North Carolina follows the contributory negligence rule. If you are found to be even 1% at fault for the accident, you may be barred from recovering any damages. This makes it imperative to gather solid evidence supporting your claim. 

  • Mandatory reporting: In North Carolina, you must report any accident involving injury, death, or property damage exceeding $1,000 to the DMV within ten days. Failure to do so can result in penalties. 

  • Insurance requirements: North Carolina mandates that all drivers carry minimum liability insurance coverage. This ensures that victims of accidents can receive compensation for injuries and damage. 

  • Statute of limitations: In North Carolina, the statute of limitations for filing a personal injury lawsuit related to a car accident is three years from the date of the accident. Act promptly and consult with an attorney to ensure your claim is filed within this timeframe to avoid losing your right to compensation.   

Personal Injury Attorney in Wilmington, North Carolina 

At Robert Louis Armstrong, Personal Injury Attorney, I focus on personal injury cases, representing individuals and never corporations or insurance companies. My commitment is to fight tirelessly until my clients receive compensation that reflects their losses. Understanding each client's personal story is at the heart of my practice, and I help them cope with serious injuries or the loss of loved ones. If you need a dedicated advocate who will go to bat for you in Wilmington, North Carolina, New Hanover County, Pender County, Brunswick County, or Onslow County, contact Robert Louis Armstrong, Personal Injury Attorney, immediately.