Everything You Need to Know About Obtaining Evidence for Your Car Accident Claim

A car accident can result in significant physical, emotional, and financial damage to all parties involved. Whether you are seeking compensation through your own auto insurance policy or you have decided to hire an attorney to pursue litigation, you will need all of the evidence you can get to help ensure that your claim is successful. 

A good lawyer can help obtain all of the evidence that you will need to prove liability in a car accident claim, although you may have already taken photographs or had a copy of the police report from the scene of the accident.

Medical Records

Getting records from the hospital is easy enough. All you need to do is show up at the ER, ask them, and they'll let you know where you can go and ask. Plus, some hospitals are happy to give you copies of your records if they have a fax machine available. They may charge a small fee, but it's worth it in order to avoid running back and forth between the hospital and your lawyer's office.

But that's not all: many car accident victims forget that they may be entitled to medical records from their auto insurance provider or employer if they were injured on the job. Sometimes these companies will give you the records even without making a formal request. Be sure to get this information before submitting any paperwork to your attorney so he can investigate the possibility of including these documents as evidence in your case.

Police Reports

It's important to remember that the police will document what happened in the event of a car accident. However, it is always a good idea to have your own documentation in case the police report does not match your recollection of events. Witnesses are also important because their statements can be used as evidence. If you know where any witnesses reside, try tracking them down and asking if they're willing to sign an affidavit.

If you are unable to obtain witness statements or affidavits from all witnesses, try taking photographs of the vehicles involved and any other relevant evidence such as potholes or broken signs that may have contributed to the crash. Make sure that you snap plenty of pictures so that there is no confusion over which pictures correspond with each witness statement in court. Afterward, make sure to fill out a scene survey form on the back of the incident report form. 

These forms usually come with every ticket at one of those yellow boxes on the side of highways. Lastly, ask for any personal information about yourself (your name and address) as well as information about the other driver (name, license plate number) from one of the officers at the scene before signing off on anything else.

If you would like more information about how I might be able to help you with your car accident claim please contact me at 555-555-5555 ext. 22277

Witness Statements

Your first step should be speaking with any potential witnesses as soon as possible, as they may not remember what happened. To get a witness statement, write down their name and contact information (either right on your cell phone or in the notes app) and then ask open-ended questions like Can you tell me what happened? or What were you doing when this happened?. If you are giving a witness statement over the phone, it is crucial that you only speak about the facts of what happened--this is called objective testimony. 

Do not let them talk about what their opinion of the accident was, or how much it hurt. If you have obtained a police report of the incident, be sure to review it for mention of any other witnesses before talking to them so that you can corroborate their story. It's also important to make sure that you identify yourself as an attorney if there is a witness who might need legal advice. Give them your business card, tell them where you practice law, and offer to refer them to another lawyer if necessary. 

They may still give you evidence without needing legal representation; however, it's good practice to make the offer. Photos: After getting statements from all potential witnesses at the scene of the crash (or as soon as possible thereafter), take photographs of all relevant injuries. 

Marks/Damage: Take pictures of anything that looks out of place--anything from scratches on a car bumper to tire marks on a road surface could indicate liability in an accident case. Pictures must include date stamps and distance markings.

Should I get a lawyer for an accident that was my fault?

If you believe that the other party was at fault, then yes. If you were at fault in the accident, or are unclear as to who is at fault, then speak with a lawyer first before deciding. However, if it's clear who is at fault and you don't have the funds to pay a lawyer right now, just take some time and photograph all of the damages on your vehicle that have been caused by the accident. 

That way if you do decide to pursue this any further later on down the line (in order to be reimbursed for costs), you'll have a timeline of how long these damages were there and what they looked like over time. It's also important to document where the car was parked when you parked it after the accident, which side had scratches and dents from objects being dragged across them during the incident, and even pictures of debris from your airbags deployed during the incident. 

These things will show in court how much money should be awarded for repairs because a good lawyer can help obtain all of the evidence that you will need to prove liability in a car accident claim.

Do I need an attorney to get a car accident settlement?

A settlement is a voluntary agreement between an injured person and the person who caused their injury. To get a settlement, you need proof that your injury was caused by the other party's negligence. In most cases, this means getting documentation of the accident and getting pictures of any injuries incurred. Even if there are no witnesses to testify on your behalf, you may still be able to negotiate a settlement with all or some of the costs of your medical bills paid for by the other party. If the insurance company denies responsibility for causing your injury and offers less than you think it should pay, contact a personal injury lawyer. 

The lawyer will use evidence such as photographs and eyewitness testimony to build a case against the insurance company. While you might not have time for this when recovering from a car accident, it is important to gather all the necessary information as soon as possible in order to maximize your chances of receiving full compensation.

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There are many ways that you can get the evidence you need if your vehicle was involved in a car accident. First and foremost, take photos of any damage done on either vehicle involved. Check with both drivers as well to ensure that there were no witnesses at the scene. 

Finally, it is best to collect all pertinent documents such as maintenance records, traffic tickets, and driving records for either party. For an in-depth review of what you should do following a car accident, read our blog post: What Should I Do After a Car Accident? Take photos of any damages done to either vehicle including vehicles involved, check with both drivers as well to see if there were any witnesses or people around when the accident occurred. Lastly, it's important to gather all necessary documents related to car accidents like maintenance records, traffic tickets and driving records from either party. For more information about what you should do after a car accident please click here!