Should I call the police?
When should I contact an attorney?
Should I contact my own insurance company?
Should I go to the doctor?
Is there anything special I should tell my doctors?
Do I need to take pictures of the accident scene?
Do I have to take photos right away or can I wait?
What about preserving other evidence besides photos?
Should I talk to the other driver’s insurance company? What if they call me?
What information should I obtain?
If you are injured in an accident, your first priority should be to seek prompt medical attention. After everyone is out of danger and any medical and police help has arrived, obtain the following:
- The full names of the drivers of all of the vehicles involved
- The driver’s license numbers and addresses of all of the drivers
- The full name, address, and phone number of any witnesses to the accident
- The full names and addresses of any passengers in any of the vehicles
- The full names and addresses of any pedestrians or other parties involved
- If any of the driver’s appear to be under the influence of alcohol or drugs, notify police or other emergency personnel immediately
- In addition, you should make observations and record notes about the following:
- Were all vehicles involved in the accident insured? What are the names of the insurance companies and the policy numbers?
- Did any of the vehicles need to be towed from the scene of the accident?
- How did the accident occur?
- Did any person involved in the accident report any personal injury shortly after the accident?
- Who are the registered owners of the vehicles (names and addresses)?
- In what direction were the vehicles traveling just prior to the accident?
- At what time of day did the accident occur?
- What were the weather conditions at the time of the accident?
- Was there anything “wrong” with the vehicles before the accident, such as a broken headlight or brake light?
- Was medical assistance rendered at the scene of the accident?
- What personal injury did the injured person report? Did anyone say “I’m not hurt”?
- What was the actual location of the accident?
- Was there any damage to the vehicles as a result of the accident? What parts of the vehicle were damaged?
- Did the police come? If so, did they issue anyone a ticket? Which officers were present? What are their names and badge numbers?
- Was any of the drivers involved driving while working, or driving a company owned vehicle?
- Did anyone accept responsibility for the accident, or make a comment such as “It was my fault, I am sorry. I was speeding / not paying attention / not wearing my glasses / distracted / tired / late for work / in a hurry / my coffee had just spilled / I should have seen you but I was on my cell phone / I’ve been taking these pills / my eyesight isn’t what it used to be after dark, etc”?
Should I call the police?
It is important to contact the police immediately if you are involved in an accident. This will provide proof of the accident, and will allow for an immediate investigation of the scene of the accident. In addition, police will take statements of witnesses, and will examine the other driver to check for drug or alcohol use. The police can also serve as expert witnesses to your injury at the scene, and they can assist in securing an admission of fault from the negligent driver.
You should not attempt to settle up with the other driver at the accident scene you may miss out on the compensation to which you are entitled. You should make sure that you have not suffered injuries which do not develop symptoms until days or even weeks after the accident, and you should always consult with your doctor and an experienced attorney to make sure that you are aware of all of the avenues of recovery available to you.
When should I contact an attorney?
After leaving the scene of an accident, or while still there if you are out of danger, you should immediately contact an attorney who is experienced in handling personal injury matters. Some law firms may promptly arrange for an attorney to consult with you free of charge so as to enable them to immediately take action on your behalf, while all of the evidence is still “fresh”.
Should I contact my own insurance company?
Most auto insurance companies require their policyholders to promptly report every auto accident. Whether you are at fault or not, your insurance company will want to gather all of the basic information concerning the accident for its records. Sometimes the insurance company will want your authorization to make a recorded statement concerning the accident.
We suggest that if you or your passengers were injured in the accident, or if you believe the insurance company might try to claim you are not covered or you have any concerns about the adequacy of your coverage, you should contact an attorney before you go any further, and certainly before you give the insurance company permission to record your conversation.
You should never give a statement to the other driver’s insurance company without consulting with an attorney. However, bear in mind that failure to provide information to your insurance company on a timely basis your policy will set forth how quickly you must notify the company could result in loss of coverage for the accident, without it constituting bad faith by the insurer.
Should I go to the doctor?
Even if you feel okay, you should still get checked out by medical professionals. The onset of physical ailments may not even begin until 12 to 24 hours after the accident. Even if you felt well enough to walk away after being rear-ended by a truck, tomorrow morning when you get out of bed it may be a different story.
It is imperative that you get medical attention if you feel and pain or discomfort. Many people hope that their pain will simply go away on its own and wait for several weeks before finally going to the doctor. Waiting to get treatment is not good for your health and it will hurt your chances of obtaining an appropriate settlement for your injuries, since there will be no medical record of your injury at the time of the accident. Seeing a doctor following the accident will insure a preliminary diagnosis and perhaps minimize the discomfort and future treatment you may need later.
When you are receiving treatment from a doctor following a car accident, it is very important to follow the doctor’s orders and never miss an appointment. Do not substitute your judgment for that of an experienced medical professional. If you do, it will be used against you in court.
If you have been in a serious accident, chances are that someone has already made a record of what has happened to you. There already is a police report, an ambulance report, an on-the-job worker’s compensation report, or something similar. If your condition required immediate medical care, hospital records will confirm your injuries.
Is there anything special I should tell my doctors?
When you are reporting your injury to police, paramedics, hospital staff, and doctors, make sure you explain, in detail, all your specific complaints, and do not omit any complaint you may have, no matter how minor. If something does not feel “right” your doctor needs to have this information order to render an informed medical opinion.
Smaller complaints you have may be indicative of more serious problems which will develop later on. A dry mouth, a light headache, and a little dizziness may be evidence of something more serious. Anything that is out of the ordinary is a symptom and should be reported to assist your doctor in making an informed diagnosis. Having a doctor correctly diagnose your injuries/complaints will assist you in feeling better sooner as well as helping your case.
For example, a patient who has very slight tingling in the fourth and fifth fingers and a minor crick in the neck, may not report the tingling sensation, which could be the sign of major disruption to a cervical disk. If that disk becomes a complete rupture that requires major surgery, it would have been far better to have had the initial medical diagnosis at the time of the accident in order to prove when the onset of the fracture to the outer wall of the disk occurred. Otherwise, the defense will argue that it could have been a preexisting condition.
Do I need to take pictures of the accident scene?
It will be very beneficial to your case if you take as many pictures as possible, even if the police have already taken pictures. Always take multiple shots of the accident location, the vehicles involved, various approaches to the accident scene, and of the persons involved, particularly if they have suffered an injury. Plan on taking three times as many photographs as you think you might need, taking shots from multiple angles and locations. By moving around as if on the points of a compass, you will enable an accident reconstructionist to construct a more accurate diagram of the collision.
Not everybody carries a camera on them at all times, but even a small disposable camera is better than nothing, and they are normally widely available in convenience stores and gas stations if you do not have one in your vehicle. Many cell phones now have integrated cameras as well.
Do I have to take photos right away or can I wait?
It is very important to take photos as close in time as possible to the time of the accident. This is particularly important when it is necessary to photograph “impending” skid marks. Tires do not immediately lock-up and change from rolling tires to skidding tires. During the braking process, a tire begins to leave an imprint on the roadway before actually skidding. These marks are called “impending” skid marks and are faint marks that can normally be seen on the roadway for only 24 to 48 hours after a collision. Having photographs of both skid marks and impending skid marks will give a more accurate record of the actual speed of a car before braking. Lay a shoe or other easily measured item next to impending skid marks while photographing them so an accident reconstructionist can later compute actual distances based on the photographs.
What about preserving other evidence besides photos?
Often times, it may be important to preserve other forms of evidence which may be vital to your accident injury case. For example, in cases where a passenger is ejected from the vehicle, it is necessary to examine the seatbelt to determine if it was functioning properly. If the seatbelt is lost because the car which contains it is sold or destroyed, it may be impossible to bring a claim against the seatbelt manufacturer and/or the car manufacturer something which can adversely affect the outcome of your case.
If the evidence is removed to another location, it is important to put notify everyone by certified mail, including owners, tow operators, wrecking yards, police impounds, and the like, that they must take every step to preserve important evidence, and the failure to do so will subject them to being sued for allowing evidence to be destroyed. In some cases, it is necessary to go to court quickly to get a restraining order and preliminary injunction in order to avoid alterations or destructive handling and testing of potentially incriminating evidence.
Should I talk to the other driver’s insurance company? What if they call me?
Never give an oral statement to the other driver’s insurance company. If you do, you may inadvertently give up valuable information which could potentially hurt your case. If you are contacted, be polite, but decline to talk. Insurance companies’ claims adjusters are professional negotiators, with extensive experience in using every psychological technique to maneuver you into giving information which can hurt your claim, including discouraging you from using the professional services of a lawyer.
Claims adjusters may seem friendly and act as if they are trying to help you, but they are well trained by insurance company lawyers to ask questions in a manner designed to hurt you and help them. You cannot beat an expert at their game. Do not try it. Simply tell them that you are not willing to discuss the matter at this time.
You should seek the advice of an experienced personal injury attorney, who can determine the best way to proceed with the adverse insurance company.
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