A road accident is always stressful — and it is precisely in the first minutes and days that the costliest mistakes are made. This guide summarises what you should (and should not) do.
At the scene
Do:
- Ensure safety: high-visibility vest, warning triangle, and move away from the road if possible;
- Call 112 if anyone is injured — and accept medical assessment even if you "feel fine": some injuries only appear hours later;
- Photograph everything: vehicle positions, damage, braking marks, signage, road surface;
- Collect witness details (name and contact);
- Complete the amicable accident statement with the other driver, if you agree on the facts.
Do not:
- Do not admit fault at the scene, verbally or in writing — how the accident happened may be different from how it appears;
- Do not skip calling the police if there are injuries, disagreement about the facts, or suspicion of alcohol;
- Do not leave the scene.
In the following days
Report the accident to your insurer within 8 days. Keep all documents: police report, emergency record, prescriptions, medical and pharmacy invoices, and proof of lost working days.
If you were injured, document your progress: appointments, scans, physiotherapy. In personal injury claims, what is not documented practically does not exist for compensation purposes.
The insurer's offer
Here is the most important point in this article: do not accept the first offer without an independent assessment.
Insurers have a legal duty to make a reasonable offer, but in practice first offers are often well below the real value of the damage — especially where there are permanent sequelae, disabilities or loss of earnings. Once you sign a settlement, you will rarely be able to claim more.
What can be compensated:
- Vehicle damage and other property;
- Medical and pharmaceutical expenses, present and future;
- Lost wages and loss of earning capacity;
- Biological damage (the injury to physical integrity itself);
- Non-pecuniary damage — pain, distress, loss of quality of life;
- In case of death, the victim's own damages and those of family members.
What if the other driver has no insurance?
You are not unprotected: the Motor Insurance Guarantee Fund covers damage caused by uninsured or unidentified vehicles, within legal limits. The process has its own specifics and benefits from legal support.
Deadlines not to miss
The right to compensation prescribes in 3 years, as a rule, from the date of the accident (the period may be extended where the facts constitute a criminal offence). It seems like a long time, but gathering evidence and assessing sequelae should start early.
How we can help
The Luís Resendes law firm assists road accident victims across São Miguel — from negotiation with the insurer to court action when necessary. See our insurance and civil liability practice area or contact us before accepting any offer.
Need help with this topic?
If the situation described in this article applies to your case, talk to us. We analyse every request with rigour and respond in full confidence.
How it works
- 01
Book a Consultation
You will have the opportunity to clarify your questions and understand the first steps that will be taken.
- 02
Strategy Definition
We will discuss all legal options, possible scenarios and recommendations for moving forward.
- 03
Plan Execution
During execution, we will keep you informed of all developments and stages of the process.
- 04
Resolution and Conclusion
The goal is to ensure that your interests are protected and that you are satisfied with the outcome.
