What to do if you are in an automobile accident…

I can’t tell you how many legitimate automobile injury claims have been defeated from the start by victims not understanding how to react after the accident.  That’s not a knock against them; being in an accident is stressful and it’s hard to think and act under stress.  Moreover, if you aren’t trained to understand how an insurance company is going to manipulate you in this situation, you have no way of knowing how to react.

To that end, I thought I’d create this little list to help you in case you are in an accident.  Remember, in these situations it’s not all about how to preserve your claim.  People who are injured need to be taken care of, regardless of fault, so bear that in mind as well:

1. Always stop your car if you are involved in an accident.  Err on the side of caution, call the police, and let them decide if the accident is reportable.

2. If you’re able check to make sure you’re in a safe enough position to exit the vehicle.

3. Once again, if you’re able, check to see if any of the other motorists in the accident are in need of medical treatment.  If you or anyone else is even slightly hurt, call 911.

4. Give as much assistance as you can to anyone who is injured, but be wary of moving the severely injured, as you might do more harm than good.

5. Do not be concerned with fault; don’t throw blame and don’t accept it.  Talk to your lawyer if you are confronted with accepting blame.  Do not agree to pay for any damages or sign anything.

6. Get the name and address, telephone numbers, and insurance information of all drivers involved.  Try to get contact information of any and all witnesses who are available.

7. Give the most succinct account of the accident that you can give to the officer. DO NOT minimize your injuries as the officer will indicate by code on the report if you were injured.  If you say you weren’t, then later say you were, that can severely damage your claim.

8. Do not discuss the accident with anyone else, except your health care providers, attorney, and employer if necessary.

9. Use a smart phone to take pictures of the scene of the accident, the vehicles, injuries, and any other relevant images.

10. If you have collision coverage, don’t hesitate to use it.  Make sure your vehicle isn’t placed in storage for so long you incur a ton of storage fees.  Be proactive.

11. Do not delay in getting treatment for any reason; injuries require treatment regardless of fault.

12. If you need to make a claim against anyone else for your injuries DO NOT TRY TO DO IT YOURSELF!  Call your attorney and let a professional help. 

13. If you choose to represent yourself, remember everything you say and do can and will be used against you by the insurance company. 

14. If you choose to represent yourself, don’t be lazy and give the the insurance company a medical release or they may dig up anything and everything on you; get the relevant records and bills and provide them personally.

15. Be forewarned: If you represent yourself, the damage you do to your case along the way may not be reparable even if you get an attorney later on down the road.  This is akin to Mr. Miyagi’s speech about “either you karate do yes or you karate do no”; either you get an attorney at first or you don’t…trying to do it yourself and then ask to be rescued later may not work out well for you in the end.

I hope that helps.  Call me with any questions.