Your Guide to Protecting Your Rights & Recovery
A car accident can happen in a flash, leaving you shaken, confused, and facing unexpected challenges. Whether it’s a rear-end collision on the Glenn Highway or a fender bender in a Wasilla shopping center, the steps you take immediately following the crash are crucial. Knowing how to respond can protect your health, your financial stability, and your legal rights. This guide provides Wasilla drivers with a clear, step-by-step plan to navigate the aftermath of an auto accident and build a strong foundation for a potential personal injury claim.
Immediate Steps to Take at the Scene
In the chaotic moments after a collision, your safety is the top priority. Your actions can significantly influence the outcome of any future insurance claims or legal proceedings.
1. Ensure Safety and Call for Help
First, check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately for emergency medical and police assistance. Even if injuries seem minor, it’s best to have a professional medical assessment. If it is safe to do so, move your vehicle out of the flow of traffic to prevent further incidents. Turn on your hazard lights to alert other drivers.
2. Report the Accident
In Alaska, you are required to report any accident that causes injury, death, or property damage estimated at $2,000 or more. Contact the Wasilla Police Department or the Alaska State Troopers to have an officer dispatched to the scene. An official police report provides an objective account of the incident, which is an invaluable piece of evidence for your car accident claim.
3. Gather Essential Information
Politely exchange information with the other driver(s) involved. Do not discuss fault or apologize for the accident. Collect the following details:
- Full name and contact information
- Driver’s license number
- Insurance company and policy number
- Vehicle license plate number, make, and model
- Names and contact information of any witnesses
4. Document the Scene Thoroughly
Use your smartphone to take extensive photos and videos of the scene from various angles. Capture damage to all vehicles, skid marks, road debris, traffic signals, and the surrounding environment. Documenting weather and road conditions is also important, as factors like ice and snow are common contributors to accidents in the Mat-Su Valley.
After You’ve Left the Scene: Critical Next Steps
The actions you take in the days and weeks after the accident are just as important as what you do at the scene.
Seek a Full Medical Evaluation
Some serious injuries are not immediately apparent after a crash. Adrenaline can mask pain, and conditions like whiplash or traumatic brain injuries may have delayed symptoms. Seeing a doctor creates a medical record that officially links your injuries to the accident, which is vital for proving your damages.
Notify Your Insurance Company
Report the accident to your own insurance provider promptly. Stick to the facts of what happened and avoid speculating on fault. Provide the information you collected at the scene. Your insurance policy is a contract that requires you to report any incidents in a timely manner.
Keep Detailed Records
Start a file to keep all accident-related documents organized. This includes the police report, medical bills, receipts for prescriptions, repair estimates, and a log of any missed work. Document your physical symptoms, pain levels, and how the injuries are affecting your daily life. This journal will be crucial for calculating your non-economic damages.
Understanding Car Accident Laws in Alaska
Navigating a personal injury claim requires a basic understanding of Alaska’s specific laws. An experienced personal injury attorney can offer detailed guidance, but here are the key principles.
Alaska is an “At-Fault” State
Alaska operates under an “at-fault” or “tort” system. This means the person who is legally responsible for causing the crash is also responsible for paying for the resulting damages, including medical bills, lost wages, and property damage. Typically, compensation is paid through the at-fault driver’s liability insurance.
Pure Comparative Negligence
Alaska follows a “pure comparative negligence” rule. This allows you to recover damages even if you were partially to blame for the accident. However, your total compensation will be reduced by your percentage of fault. For instance, if you are found to be 20% at fault for a collision and your damages total $100,000, you can still recover $80,000.
The Statute of Limitations is Crucial
In Alaska, there is a strict deadline for filing a lawsuit for personal injuries. This law, known as the statute of limitations, gives you two years from the date of the accident to file a lawsuit in court. If you miss this deadline, you will likely lose your right to seek compensation forever.
Don’t Navigate This Alone
Dealing with insurance adjusters while trying to recover from your injuries can be overwhelming. An experienced car accident lawyer can handle the legal complexities, negotiate with insurance companies on your behalf, and fight to maximize your compensation. Protecting your rights is our priority.
Frequently Asked Questions
How long do I have to file a car accident claim in Alaska?
The statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. It is crucial to act well before this deadline expires to preserve your legal rights.
Should I accept the first settlement offer from the insurance company?
It is generally not advisable. Initial offers from insurance companies are often far lower than the actual value of your claim. They are designed to resolve the case quickly and for the least amount of money. You should always consult with an attorney before accepting any offer.
What kind of compensation can I receive?
Compensation, or “damages,” can cover both economic and non-economic losses. This includes medical expenses (current and future), lost wages, property damage, pain and suffering, and loss of enjoyment of life. In some rare cases involving extreme recklessness, punitive damages may be available.
How much does it cost to hire a car accident lawyer?
The Law Office of Jason Skala operates on a contingency fee basis. This means you pay no upfront fees. We only get paid if we win a settlement or verdict for you. This allows you to access expert legal representation without financial risk.
Glossary of Terms
At-Fault State: A state where the person responsible for causing an accident is liable for the resulting damages. Alaska is an at-fault state.
Comparative Negligence: A legal rule where a person’s financial recovery is reduced by their percentage of fault in an accident.
Damages: The monetary compensation awarded to an injured party for their losses. This can include economic damages (medical bills, lost income) and non-economic damages (pain and suffering).
Statute of Limitations: A state law that sets a strict time limit on your right to file a lawsuit in civil court.
Liability Coverage: The portion of an auto insurance policy that pays for injuries and property damage you cause to others in an accident. Alaska law requires minimum liability coverage of 50/100/25 ($50,000 for bodily injury per person, $100,000 per accident, and $25,000 for property damage).