AUTO ACCIDENTS
What Should I Know If I
Am In An Accident?
Accidents at home, work, and on the highway hurt innocent people. If you are
hurt in an accident, you can act to protect your claim for full compensation.
At The Time The Accident Occurs:
In an accident, your first
concern will be your health and the health of other injured persons. Do nothing,
which might compromise your condition. Ask someone nearby to help you. If
injured, remain as calm as possible and tell the emergency rescue workers as
precisely as possible about your pain, numbness, and limitation of movement.
When Possible, The Following
Action By You, Or Someone On Your Behalf, Is Advised:
- First give help to the injured, but avoid moving them since movement can
aggravate injuries. Call or have someone else call an ambulance or doctor if
there are injuries.
- If an auto accident, call or have someone call the police, sheriff, or
state highway patrol.
- Get the names and addresses of witnesses including investigating
authorities when they arrive.
- Be polite and courteous to any police or emergency personnel.
- Exchange driver's license, auto registration numbers and insurance
information with the driver of the other car and get the names and addresses
of passengers in the cars involved.
- If a tool, piece of equipment, or other object is involved in the
accident, get it "preserved". This can mean storing it for
safekeeping, taking extensive photographs, and recording model and serial
numbers.
- Make written notes on the type and extent of any injuries, which result
from the accident.
- When a pedestrian is injured, be sure the injuries receive prompt medical
attention. Get the pedestrian's name and address, and a full description of
the injuries, including type and extent.
- If you collide with a parked or unattended vehicle, or damage a tree or
other property, try to locate the property owner and report the accident. If
the owner of the damaged property cannot be found, leave a note with your
name, address, and phone number. You can leave this information on a damaged
car or at a house where the damage occurred.
- Promptly report auto accidents to your auto insurance agent and the State
Department of Safety.
- Report an accident to the police or other authorities in the jurisdiction
where the accident happened within 48 hours.
- You may be required to report IN WRITING depending upon your insurance or
employer. Ask your lawyer (if you have one) to approve any written statement
before you sign it.
Be Careful What You Say At The
Time Of The Accident:
If you have just had an accident,
and may be injured, it's no time to discuss the accident or your injuries. Your
first request, and your only priority, should be for medical assistance and
care.
Specifically, Do Not Do The
Following:
- Do not automatically say, "I'm not hurt." It could be several
days before you realize the extent of your injuries. If you say, "I'm
not hurt," it will come back to haunt you, even if you have serious
injuries. A better response would be, "I'll let them check me at the
hospital, but I am not in any pain at this moment."
- Do not automatically say, "I should have seen him," or "I
wasn't looking." We are all embarrassed by being in an accident, and
tend to deny injury and accept responsibility due to this embarrassment.
After The Accident
The immediate crisis is over. Now
you must deal with professional claims adjusters in determining your fair
compensation.
Unless you are experienced in
such matters, handling the case yourself may not be wise.
Professional claims adjusters are
paid to keep your compensation to a minimum. Adjusters may comment, "We
want to do what's fair," or, "We'll see you're paid fully." But
their first priority is to minimize any pay out to you. Claims adjusters are
trained in gathering information from injured parties and in negotiating
settlements favorable to their companies.
If you have an attorney or not,
these suggestions are correct after your accident:
- Do not sign or initial any documents, statements or forms unless approved
by your attorney. If you do not have an attorney, review the document
carefully reading every word. Have someone you trust read it too.
- Do not sign anything that says "Release," or "in full
satisfaction of all claims." This language is sometimes printed on
checks even when only partial payment is being made.
- Take advantage of your insurance coverage (if any) to pay the medical and
other expenses incurred.
- Give your physician as much information as possible about your recovery
and condition. Detailed information about what you can and cannot do, what
causes pain and how often should be a part of your discussion with your
doctor when he asks, "How are you doing?"
- Your memory of "what happened when" may fade by the time you
settle your case. It is a good idea to record (perhaps on a kitchen
calendar) when the accident occurred, when you spend periods in the
hospital, when you go back to work and the like.
Talk To A Lawyer:
Our policy is to see you
for free if you have been involved in an accident and believe someone
else is at fault. Our fees are based on whether we can recover on your
claim. If we recover nothing, you owe us nothing for our time and
effort.
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A Final Word About Priorities For
Injured Persons:
The first priority for someone
who is injured should be full and speedy recovery. The focus of your energies
and concentration should be on getting better, not on a claim or lawsuit. While
you are entitled to full compensation for your losses, the best thing you can
hope and strive for is full recovery. The money is never enough.
Notice:
Each case is different and
different facts may yield a result you would never expect from reading this
brief Web page. The information on this Web site cannot replace the careful
consideration of personal factors and changes in the law, which may apply to
your legal problem. While this information may help you, do not rely on it as
the final answer to a legal question.
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