Personal Injury
Car Accident?Don’t Let an Automobile Accident or Car Crash Ruin Your Life!
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When involved in a car accident, everything gets confusing and it is quite hard to make good decisions at the moment. Everybody always gives advice about all the different measures one must take afterwards, but, in the actual moment of the accident, there are never any valid advices that you can remember.
The most important thing is to be precise and accurate to make a decision at the moment of the accident. First, remember that although the tension will be extreme, you should always try to remain calm and thoughtful. Do not rush into testimonies or opinions. Think of everything what you are going to say twice. Second, in the unfortunate situation of having physical injuries, try to stay in the car until appropriate help gets there. Third, if people start blaming you or you feel you caused the accident, always wait for the police and medical help. Running away will only worsen the situation.
Remember that in the case of a legal lawsuit, it is extremely important to present the official report of the police about the accident, so always wait for the officers. Meanwhile, if you are able to, record all witnesses' names, addresses and phone numbers. This is important information that you will need for sure in an upcoming trial. In case you are injured, try by all means to be taken to a hospital in an ambulance. Moreover, insist on looking for immediate medical treatment; do not underestimate any painful sign, however small it may be: tell medical personnel everything you feel.
Also, take into account that in moments of crisis, there is always someone trying to benefit from your suffering. Do not take legal referrals at hospitals or talk to any insurance representatives until you meet your lawyer, or a trustworthy one.
A motor vehicle accident can leave you with serious injuries for the rest of your life. Family, work, friends, everything and everyone might get affected. This is why when driving, one must be really cautious and preventive. Still, it is quite important to remember that law was made to protect our rights and there will always be a reasonable outcome of the problems we face on the road.
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First Discussions With Insurance Adjusters
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When another person's insurance company first contacts you about your injuries, remember these rules: Be polite but say little.
Shortly after you've notified responsible parties that you've been injured in an accident and intend to file a claim for compensation, you're likely to hear from one or more insurance companies. These first conversations after your accident may be difficult. You may be agitated or in pain. But common sense and a few guiding principles will keep you from saying anything that will adversely affect your insurance claim.
If you have retained an attorney, as is strongly recommended, immediately notify the Insurance Company that you have counsel and are following their advice. If you have not yet retained counsel, you may tell the insurance company that you first wish to seek legal advice prior to speaking with them. If you nonetheless choose to continue the conversation, the following steps are recommended:
Identify the Person With Whom You Speak
Before you discuss anything, get the name, address, and telephone number of the person you are speaking with, the insurance company he or she is with, and the person or business the company represents. Record this information in a file.
Remain Calm and Polite
Although you may well be angry about the accident and your injuries, taking out your anger on the insurance adjuster will not help you win compensation. Insurance adjusters are used to dealing with angry claimants, but they are human and do not respond kindly to abuse. It is a good idea to avoid losing your temper with or heaping abuse on the agent during your negotiation process. You might even be nice -- an insurance adjuster's good will toward you may pay off in promptly handling your claim or in believing you about something it is difficult for you to prove.
Give Only Limited Personal Information
You need only tell the insurance adjuster your full name, address, and telephone number. At this point you need not explain or discuss any more than that about your work, your schedule, or your income. Nor do you have to give detailed family or other personal information.
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Do Not Give Details of the Accident
Note that these instructions apply to contact with another person's insurance company. When it comes to your own insurance company, you may be obligated by the rules of your policy to give your own insurance adjuster information about the accident. Be sure to read with care anything you're asked to sign, especially a release form that allows your insurer to gather information.
Insurance adjusters or other representatives may try to get you to "give a statement" about how the accident happened -- or they may simply engage you in conversation, during which they will try more subtly to get you to tell them about the accident. Politely refuse any discussion of the facts of the accident except the most basic: where, when, the type of accident, and the vehicles involved if it was a traffic accident. Say that your investigation of the accident is still continuing and that you will discuss the facts further "at the appropriate time." Later, your attorney will be making a written demand for compensation in which you will describe the accident in detail.
Witnesses
If an adjuster asks about witnesses and you know of some, respond that there "may be" witnesses and that you will let the insurance company know "at the appropriate time." Do not commit yourself to identifying witnesses or to providing witness statements. Also, if the adjuster does ask you about witnesses, ask the adjuster if he or she knows of any.
Other Responsible Parties
If adjusters or representatives ask about potential responsible parties other than you and their insured, give any basic identifying information you may have and a general description of how this other person was involved, but, again, do not discuss the accident in detail. Also, ask whether the adjuster is aware of anyone else who might be responsible for the accident.
Don't Give Details of Your Injuries
Naturally enough, an insurance adjuster is going to want to know about your injuries. However, you should not give a detailed description yet, in case you leave something out or discover an injury later, or your injury turns out to be worse than you originally thought.
Later, when you know the true extent of your injuries and treatment, your attorney will include a complete medical description of your injuries in a written demand for compensation . Until then, give only a general description of injuries ("I've hurt my knee and back" or "My wrist is broken and I have neck and back pain"), and tell the adjuster you do not yet know how severe your injuries are. Also tell the adjuster that you will be seeking or continuing medical treatment. You do not have to say what doctors or other medical providers you are seeing, and you should not yet give the adjuster their names and addresses.
Resist the Push to Settle Immediately
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Insurance adjusters sometimes try to offer a settlement during the first one or two phone calls. Such quick settlements save the insurance company work, and, more important, settling fast gets you to accept a small amount before you know fully what your injuries are and how much your claim is really worth. Don't do it. Agreeing may seem like a simple way to get compensation without having to go through the claims process, and a quick settlement is often tempting, but it will almost certainly cost you money, sometimes quite a lot.
Set Limits on Conversations
In your first contact with an insurance adjuster, make it clear that you will not be discussing much on the phone. Not only should you give very limited information in this first phone call, as discussed above, but you should also set clear limits on any further phone contact.
Let the adjuster know that, until you have finished investigating the accident, have completed medical treatment, and have fully recovered from your injuries, you do not want to discuss any further either how the accident happened, what your injuries are, or what a settlement amount should be. Ask that the adjuster communicate with you in writing until you present your written demand for compensation and actual settlement negotiations begin.
In some situations, however, it may not be practical to stop all phone conversations. For example, if you have been in an auto accident, you may need to discuss repairs to your car. If you do need to speak to the adjuster again, set whatever limits you want on the place and times -- home or work, morning, evening, weekends -- for telephone contact.
There are good reasons to limit your phone conversations with insurance adjusters. Some will call frequently in an attempt to get you to settle quickly, and they can become a real nuisance. It's good to nip this in the bud.
More important, until you have had a full opportunity to investigate and think about the accident, and to determine the extent of and to recover from your injuries, you will not have accurate information to provide. And, if you give incomplete or inaccurate information on the phone, the insurance company may try to make you stick to it later on. Some insurance adjusters are good at getting you to say something which could be considered an admission of some fault on your part, or which limits the seriousness of your injuries. It is therefore much better to have no discussions at all until you have made your compensation demand in writing and you are fully prepared to discuss a settlement.
Take Notes
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As soon as your conversation is over, write down all the information you received over the phone, as well as whatever information you gave to, or requests you made of, the person with whom you spoke. Get in the habit of note taking for all conversations with anyone from the insurance company.
Don't Sign Anything From Another Insurance Company |
No matter what an adjuster says about any forms, do not sign anything sent to you by another person's insurance company. Among the first things you might receive in the mail from an insurance company handling an accident claim are various forms an adjuster describes to you as "just routine" or "normal procedure." However, these forms may give the insurance company direct access to your medical, personal, or work records -- or even be a disguised release from any liability for the accident.
You are not required to give the insurance company permission to get any records or information about you. (Later in the claims process, your attorney will send the insurance company certain medical and income loss information, but in your own time and on your own terms.) |
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Personal Injury:
Do's & Don’ts If You've Been Injured in an Auto Accident
Auto accidents can happen to anyone. You can protect your legal rights by taking the right steps after an accident occurs. The following list summarizes some of the steps you should take if involved in an auto accident. This advice assumes of course that you are not hurt to the extent that you need an ambulance. Obviously, if you are seriously hurt, you should await the assistance of an ambulance first and foremost. Moreover, if you are involved in an accident that results in personal injuries or serious property damage, consult an experienced personal injury lawyer right away.
Basic DO’S
- DO STOP YOUR CAR. If your car is involved in an accident and you don’t stop, you may be subject to criminal prosecution. Leave your car as close as possible to the place of impact without blocking traffic. To avoid additional collisions, raise the hood of your car and put your hazard warning lights on. If the accident occurs at night, place flares or reflectors on the road.
- DO AID THE INJURED. If someone is injured, give first aid if you are qualified and call for an ambulance. Remember to make note of the location of the accident before you call for an ambulance. Tell the ambulance dispatcher the name and number of the street as well as the direction in which the cars were traveling at the time of the accident.
- DO CALL THE POLICE. A police report of the accident will aid your insurance claim and any liability claims. Note the officer’s name and badge number, and ask the officer how to obtain a copy of the accident report. If you do receive a traffic ticket, it does not mean you are guilty of a traffic offense or that you are responsible for the accident. Pleading guilty though, could very well hurt your claim for damages from the other driver. Consult your lawyer and insurance agent before pleading guilty to any traffic offense.
- DO WRITE DOWN THE DETAILS OF YOUR ACCIDENT. Make notes about details like the time of day, weather conditions, road conditions, streetlights, and length of skid marks. Also make a diagram of the accident noting the location of the vehicles, cross walks, stop signs and traffic signals
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- DO EXCHANGE INFORMATION WITH THE OTHER DRIVER. Exchange information with the driver of the other car. You should get the following information:
- Other driver’s name, address, phone number, driver’s license number, name of insurance company and policy number.
- Passenger’s name, address and phone number.
- Witnesses’ name, address and phone number.
- Owner’s (if not the driver) name, address, phone number, insurance company and policy number.
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- DO TAKE A LOT OF PICTURES of all the damage to your vehicle before you have it repaired, as well as any visible physical injuries.
- DO GET MEDICAL ATTENTION RIGHT AWAY. Even if you feel O.K., the longer you delay seeing a doctor, the less documentation you have of your accident. It is best to go straight to the emergency room. It is likely that even if you don't hurt at the scene, you will begin to "stiffen up" within an hour or two after the accident.
- DO GIVE THE DOCTOR A DETAILED HISTORY -tell the doctor exactly how the impact to your vehicle occurred. Tell the doctor about everything that's hurting you, even if it doesn't hurt much. It may hurt more later on.
- DO NOTIFY YOUR INSURANCE AGENT. Call your insurance agent as soon as possible after an accident. If you delay, your insurance company may have grounds to deny you coverage. Follow up the phone call with a written notice that should contain information about the date, time and place of the accident, with names and addresses of the other drivers, injured persons, passengers, and witnesses. If you were at fault, your liability insurance should pay for any injuries or property damages. If the other driver is at fault but does not have insurance, your insurance may pay for damages to your car (collision coverage), your medical expenses (medical payment coverage) and even for your pain and suffering (if you have uninsured motorist coverage).
- DO CALL YOUR LAWYER. Call your lawyer if you are injured, if you are considering a lawsuit, if you expect a lawsuit against you by another party, or if you received a traffic ticket after the accident. Your lawyer can best advise you about your rights and responsibilities. Because witnesses may forget the details of the accident, the sooner you get the assistance of a lawyer, the better. Your lawyer can counsel you on how to respond to questions from insurance adjusters and help you recover compensation for your personal injuries and damages to your car.
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WHAT NOT TO DO IF YOU ARE IN AN ACCIDENT:
- DO NOT TAKE RESPONSIBILITY FOR THE ACCIDENT EITHER WITH THE POLICE AT THE SCENE OR THE OTHERS INVOLVED. If there is litigation, things you say may be used against you. Although you may think the accident was your fault, you may find out later that the other driver was actually to blame, or you were both equally at fault.
- DO NOT SIGN ANY OTHER PIECES OF PAPER NOR AGREE TO PAY ANY DAMAGES.
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- DO NOT EVER DOWNPLAY YOUR INJURIES OR SAY YOU'RE "O.K." AT THE SCENE. Soft tissue and disc injuries often take hours to days to begin to really hurt. If you are asked, always say, " I think I'm hurt, and I plan to see a doctor to look me over." If you have any pain at all, and the officer offers an ambulance, you should consider letting him or her call one for you.
- NEVER GIVE A STATEMENT TO THE OTHER DRIVER'S INSURANCE COMPANY. OFFER ONLY THE VERY BASICS. The insurance company is sure to be in contact with you soon after the accident regarding the property damage to your vehicle. That does not give them the right to ask you detailed questions about your injuries. It is best not to speak to them at all regarding your injuries until you seek the advice of an attorney who concentrates on personal injury.
- DO NOT TAKE MONEY FOR YOUR INJURIES OR SETTLE UNTIL YOU HAVE FINISHED TREATMENT. Insurance companies may try to offer you money for your injuries right away. The full extent of your injuries may not be apparent for weeks or months. Once you settle for your injuries, you can't get any more money, no matter what they say.
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