First, remove all personal belongings from the vehicle. Do not sign a release or cash the settlement check until you fully agree with the valuation. Request and scrutinize the insurer’s valuation report. Negotiate if you find errors. If you have a loan, coordinate directly with your lender, as the settlement check will likely be made out to both of you. Finally, formally cancel your insurance and surrender your license plates as required by your state’s DMV.

Common defenses include misuse of the product in an unforeseeable way, assuming known risks (“assumption of risk”), and that the statute of limitations has expired. They may argue you altered or modified the product after purchase, causing the danger. Another defense is that you were not the intended user. Companies also use state-of-the-art defense, arguing the danger was not scientifically knowable when made. Your attorney must anticipate these arguments to build a strong, rebuttal-ready case from the start.

Be calm, polite, and direct. Identify yourself and state your reason simply: “Hi, my name is [Your Name]. I was involved in this incident and may need to provide an account of what happened. Would you be willing to share your name and phone number in case I need to have someone contact you about what you saw?“ Most people are willing to help. Do not argue or pressure them if they refuse.