Personal Injury
What Should You Do At The Accident Scene?
It is important that the police are promptly contacted and that a police report is prepared to establish fault for the accident. If the police come to the accident scene, politely ask the police officer to take a written signed statement from the one who is at fault for your accident. A real bonus would be achieved if you could persuade the police officer to photograph the accident scene and the vehicles involved in the accident. You should write down the name and address of the person at fault for your accident as well as their auto insurance information. Insist on seeing their driver's license if the police do not come to the accident scene. Record the make, model and license plate number of the wrongdoer's vehicle. Obtain names, addresses and phone numbers of every accident witness. You would be surprised how often police fail to record witnesses' identification information. Record the name of the police officer, the police department and the date of your accident.
Within three days at the latest, notify your own insurance company about your accident as required by your insurance policy. Your own insurance company may wish to investigate your accident. Your own insurance carrier may deny you coverage if you do not notify them within three days of your accident. If the wrongdoer's insurance adjuster should ask to take your tape recorded statement, first ask the adjuster to put in writing a promise to provide you with a copy of the wrongdoer's tape recorded statement. If the adjuster will not provide you with a copy of the wrongdoer's statement, ask yourself why you should provide the adjuster with your own tape recorded statement.
What Should You Do After The Accident?
If you are injured, you should make an appointment to have your injuries treated by your own family physician. If your injuries require immediate medical care, go to your local hospital emergency room. When receiving medical care, be sure that all of your injuries are recorded in your medical record. Your medical records will be carefully reviewed by the insurance company adjuster later in your case. Since you may miss time from work due to your accident, keep track of the days you miss from work. Your employer may forget to record your days absent from work due to your injuries.
Following an accident, your initial concern will be who will be paying your medical bills. The wrongdoer's insurance company will not pay your medical bills until possibly at the time of the final settlement of your case. However, the medical profession will not wait for payment for medical services. You may submit your medical expenses to your health insurance carrier for payment. Many health insurance carriers may require reimbursement from the wrongdoer's insurance carrier at the time of settlement of your case. If you do not have health insurance, you may have medical payment coverage on your own auto insurance policy for payment of your accident medical expenses. The wrongdoer's insurance company will have to repay these funds to your auto insurance company at the time of the settlement of your case.
What Will The Wrongdoer's Insurance Company Do After Your Accident?
An insurance company adjuster will be assigned to your case. Within days of your accident, the insurance company adjuster will have commenced a full fledged investigation of your accident. The adjuster will obtain the police report, visit the accident scene, taking photographs and measurements, locate and photograph the accident vehicles. Vital witness statements will be obtained. The insurance adjuster will even attempt to take your tape recorded statement. The adjuster may bring an insurance defense attorney into the case behind the scenes for consultation and legal research.
While you are recovering from your injuries, the insurance adjuster will be preparing a complete defense to your claim. At the time for negotiating a settlement of your case, you will be dealing with an adjuster who has fully investigated your case and, after consultation with an insurance defense attorney, will know the legal strategies, strengths, and weaknesses of your case. In your negotiations, you will be dealing with a fully prepared adjuster who has negotiated hundreds of cases per year for many years.
Remember that the insurance company has trained the adjuster to settle cases at the least cost to the insurance company in each case. Many people naively believe the insurance companies' advertising and mottos. People should not forget that insurance companies are businesses seeking to maximize their profits at your expense regardless of their advertised images and mottos. Should you have questions regarding your rights or need assistance, you should contact my office as soon as you are feeling well enough to do so after your accident.