What Should I do after the accident? Personal injury / Car Accident Attorney advice

You have a duty to do everything you can to mitigate (lessen) your damages. If you are treating for an injury, make sure you treat only as long as medically necessary. The longer you continue treating, the more difficult it becomes to settle your claim. Insurance companies do not pay money willingly and vigorously resist payment of claims. They can be expected to thoroughly investigate the facts of the accident, your claim for medical treatment, and any past injuries or claims you have made and will obtain copies of all past medical records and claims made through an index system.

Your attorney does not want you to over treat or under treat for your accident. If you get too much treatment, it is hard to net you enough money from your settlement because the doctors must first be paid from your settlement proceeds. However, if you treat too little the insurance company will claim you "couldn't have been hurt much" because of the limited treatment. Of course, the amount of treatment you receive is between you and your doctor; not between you and your attorney. I always advise my clients to receive any and all treatment they and their doctor reasonably feel is necessary; no more; no less.

DO I HAVE TO REPORT THE ACCIDENT?
Yes. First, you may need to call the police. Second, report the accident to your insurance company. Telephone your insurance adjuster as soon as you can following the accident. Confirm your coverage and get your claim opened. If you don't already know, ask your agent whether you have uninsured/underinsured motorist coverage and/or medical payments coverage. If you need a rental car, you will need to determine whether your insurance covers a rental car or if you will need to obtain payment for a rental car from the other party's insurance company. You may have to pay for the rental car initially and then seek reimbursement for the expense as part of your property damage settlement. Be sure to take pictures of your property damage. These can be useful later in settling your property damage and bodily injury claims.

WHAT HAPPENS IF I HAVE NO INSURANCE?
In many States, if you do not have insurance that covers the car accident or another way of proving that you are financially responsible, the DMV will suspend your license, even if the accident is not your fault. Also, in California, if you have no liability insurance, you cannot receive damages for pain and suffering (the largest element, by far, of many claims) from the other party.

WHO PAYS IF I AM INJURED OR MY CAR IS DAMAGED?
That depends on whether you and the other driver have insurance and on what kind of insurance you have. There are two major types of insurance: "liability" and " collision."

Liability: If you are at fault, your liability insurance will pay the other driver his property damage and personal injuries up to your policy's limits. If the other driver is at fault, his liability insurance pays for your car damage and/or personal injuries. In many States, if you and the other driver both have car damage or injuries and you both are partly responsible for the accident, you each may be able to collect part of your loss. How much each of it you collect from the other's policy depends on your damages and on how much each of you is at fault.

Collision: No matter who is at fault, your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible.