WHAT TO DO AFTER A CAR ACCIDENT:

                                               Three Important Tasks

                                                                                by

                                                             Attorney Richard Mozinski

                      For additional information: link to Radosevich, Mozinski, Cashman & Olson LLP

 

Most drivers, even careful ones, will experience a motor vehicle accident at some time during their lives.  Often, it will be a 'fender-bender' type incident with no injuries and only minor vehicle damage.  Unfortunately, other accidents will result in extensive vehicle damage and personal injuries.  If you are involved in an accident with major property damage and bodily injury, there are three important things to do promptly. 

                                                           Get Medical Attention

 

A forceful collision may result in serious injuries that make the need for medical treatment obvious.  Sometimes, however, it can be less clear.  We advise that even suspected injuries be checked on the date of accident, preferably as soon as you leave the accident scene. 

 

At the accident scene, if there are no broken bones or significant pain, victims frequently tell officers or paramedics "I'm fine"; "I think I'm okay"; or, "I'll be alright."  Those responses can be interpreted in two ways: the person is not hurt, or isn't sure.  If you're not sure, err on the side of caution.  Whether at a Walk-In clinic or Emergency Room, get an examination.

 

After the emotional trauma of an accident, one can overlook signs or symptoms indicating more serious problems.  The following are examples of symptoms which should be medically checked: 

•  Loss of consciousness, even if momentary.  This could signal a brain injury.

• Dizziness, blurred vision, or disorientation.  This could be the sign of a head injury such as a concussion.

• Pain that seems to travel from one part of the body to another.  This is not normal and can indicate injury to the neck or spine.

•  Numbness or tingling in the arms or legs.  This can also be a symptom of a more serious injury.

• Any extensive bruising, including from the seat belt.  Unquestionably, seat belts save lives.  At the same time, they do, on occasion, cause internal injury.^[1]

Insurance companies look with suspicion on injuries that are not medically documented for days, weeks, or months after the accident.  This 'gap' between the accident and treatment can result in the insurance company denying your claim.  Therefore, if in doubt, check it out.

 

                                                 Inform Your Insurance Company

 

If you are in an accident causing damage, even if there is no injury, your  insurance company needs to know about it.  Your motor vehicle insurance policy requires you timely report an accident to your insurance company.  This is true whether or not you are at fault.  Failure to report a potential accident claim could result in your coverage being denied.

 

Under the terms of your motor vehicle policy, you must cooperate with your insurance company.  This includes:

• Giving prompt notice to a company representative, usually your agent, of the accident.

• Giving a statement to your company's insurance adjuster, sometimes recorded with your permission.

• Getting estimates for vehicle damage.

• Signing medical releases to allow your insurance company to verify medical treatment.

After obtaining necessary medical care, contact your insurance agent to report the accident.  Your agent will set up a claim file, answer questions, and give you necessary instructions.  Even if you are not at fault, it may be necessary for your insurance company to pay for your vehicle damage, or pay limited medical bills under your 'medical payments' insurance coverage.  If the driver of the other vehicle is 'uninsured' or 'underinsured,' your own insurance may compensate you for all your damages.

 

                                                    Seek Competent Legal Advice

 

Unlike your own insurance company, you have no duty to speak to the other driver's insurance company after an accident.  Typically, an adjuster for the other driver's insurance will contact you shortly after the accident to attempt to take your statement.  The adjuster will usually be pleasant and may lead you to believe he or she is trying to help you.  That is not the case.  The adjuster has a job to do: settle the case as quickly and cheaply as possible.  Often, that is not in your best interests, especially if you have been injured. 

 

Because the other driver's insurance company wants the case resolved quickly, they do not want you to hire an attorney.  In fact, some companies will try to discourage you from doing so.  If an insurance company tells you that hiring an attorney will result in getting a smaller settlement, be careful.  It is a pressure tactic.  That is almost always not true.  In one case our firm handled several years ago, our client initially negotiated with the other drivers insurance company without hiring an attorney.  The insurance adjuster offered our client $25,000, although our client would have to pay $15,000 in medical bills from that amount.  The adjuster told our client that if the client hired an attorney, the client would never receive anywhere near the $10,000 net that was being offered.  After our firm was hired, we collected $100,000 for our client, the insurance company's policy limits.  In addition, we arranged for all but $1500 of the medical bills to be paid by another source.  In another case, an insurance company offered an accident victim $8,000, telling him that was their final offer.  After our firm was retained, we collected $284,000.