Experiencing a car accident can be a traumatic and overwhelming event, especially if you've been rear-ended. Understanding the proper steps to take after a rear-end collision is crucial. This guide will walk you through the essential actions you should consider, emphasizing the importance of seeking professional legal assistance from a Milwaukee car accident attorney to navigate the aftermath.

Ensure Safety First

Immediately after a rear-end collision, prioritize your safety and the safety of others involved. If possible, move your vehicle to a safe location, turn on hazard lights, and check for injuries. If anyone is hurt, call emergency services immediately.  

File an Accident Report

Contact the local police to report the accident and make sure an official report is filed. The accident report can serve as a crucial piece of evidence when dealing with insurance claims or legal matters.  Depending on the severity of the accident, law enforcement may or may not come to the scene.  If possible, it is preferred for law enforcement to respond to the scene to conduct an investigation of the accident.  If law enforcement does not come to the scene, then you should self-report the accident at the police station or online.  

Exchange Information

Exchange information with the other party involved in the accident. Get their name, contact details, and insurance information, and note the make, model and license plate of their vehicle. During this process, be sure to not admit to anything to the other party as that could be used against you later. Gathering contact information will be crucial when filing a claim with insurance or if legal action becomes necessary.

Document the Scene

Take pictures of the accident scene, including all vehicles involved, any visible damage, and the surrounding area. Note the weather conditions, traffic signals, and any relevant road signs. These details can serve as valuable evidence later on.  Also, obtain the name and contact information for any witnesses to the accident.  

Seek Medical Attention

It’s important to seek medical attention at the onset of injury. Some injuries, such as whiplash, may not manifest symptoms until hours or days after the accident. Documenting your injuries will be important for both your health and any potential legal proceedings. Take photos of any bruising or visible injuries.  

Contact Natasha Misra Law Today

Navigating the legal complexities of a car accident case, especially if you've been rear-ended, can be challenging. A Milwaukee car accident attorney can help you by negotiating with insurance companies and getting you the compensation you deserve. 

Being rear-ended in Milwaukee can lead to a range of challenges, but taking the right steps immediately following the accident can significantly impact the outcome of your case. Natasha Misra Law is your ally in securing compensation for any damages and navigating the complexities of the legal process.

According to the Insurance Information Institute, most vehicles depreciate twenty-percent within the first year. If your vehicle is totaled in an accident, auto insurance will likely cover the value of the vehicle at the time of the accident. But, what if the value is less than what you still owe on your auto loan?

Gap insurance covers what your standard auto policy does not. Rather than being left to make loan payments on a vehicle you cannot drive, gap insurance makes sure your auto loan is paid off.

So, what exactly is gap insurance, and do you need it?  Here we explain how standard insurance policies handle totaled vehicles and how gap insurance works.

Will insurance cover my totaled car if I still owe money on it?

Yes, auto insurance will cover your totaled car, but coverage is based on the current value of the vehicle, not the remaining balance on your auto loan which includes interest. Generally, auto insurance providers total a vehicle if the cost of repairs exceeds the actual cash value of the vehicle. If you have an outstanding auto loan on the vehicle, the insurance reimbursement will go directly to your loan provider who is the lienholder of the vehicle.

What happens if my car is totaled and I owe more than it is worth?

Because cars depreciate over time, it is not uncommon for this to happen. Auto insurance will make a payment to the lender for the depreciated value of the vehicle. If this is less than the outstanding balance on the loan, you will be responsible for continuing payments out-of-pocket until the loan has been paid in full, unless you have gap insurance.

What is gap insurance?

If your car is stolen or totaled in an accident and you owe more than the car’s value at the time of the loss, gap insurance covers the difference between the value of the car and the remaining balance on the auto loan. Gap insurance is intended to protect you from having to make payments on a car you can no longer use. Many dealerships offer gap insurance, but it is also available as an add-on through many insurance providers.

For example, gap insurance from Toyota Financial Services (TFS) will either waive or pay the deficiency balance, or the difference between what is owed on the vehicle and what the insurance company will pay if the vehicle is declared a total loss. So, if you owe $23,000 on your vehicle and receive $20,000 from the auto insurance company, you would be responsible for $3,000 out-of-pocket. However, gap coverage from TFS would cover this $3,000 balance.

Can an attorney help me with gap insurance?

Yes, a car accident attorney will make sure your gap insurance is appropriately applied to resolve any remaining balance on your auto loan. Save yourself the headache of the back-and-forth with your loan provider and insurance company and contact Milwaukee personal injury attorney Natasha Misra Law today.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.