Car accidents are common occurrences. However, very few people know what to do if they are involved in an automobile accident. The following are my suggestions:
- Never leave the scene of the accident [except if necessary to call police]. It is a crime to leave the scene of the accident and it is especially serious if there are physical injuries. If you leave to call the police, first write down the other driver's car license number and model of car.
- If the accident is not your fault, we recommend that you call the police and request a police report be made. In some cases, the police will not come to the scene of the accident, unless the caller reports that there are physical injuries.
- If you choose not to call the police, do the following: insist that the other driver sign a simple statement that the accident was his fault with his name, address, telephone number, insurance policy number, insurance company name and address, and drivers license number written below his signature admitting responsibility for the accident. If the other driver refuses to sign such a document, I would always contact the police if the accident was not your fault.
- If the accident may have been your fault, you are obliged to provide the other driver your insurance information. However, never make any statements at the scene about the cause of the accident unless asked by the police. It is never good to admit responsibility for an accident.
- Immediately take photographs of your car and any physical evidence of injuries you suffered. If possible, take photographs of the scene of the accident and the other car.
- If you are making a claim against an insurance company for the damages to your car or your physical injuries, remember insurance companies do not pay money willingly. The insurance company can be expected to thoroughly investigate the facts of the accident, the claim for medical treatment, and any past injuries or claims. The insurance company will obtain copies of all your past medical records.
- Keep a record of the names and addresses of all doctors, chiropractors, physical therapists or other medical personnel who have treated you and the dates of your visits.
- Tell your doctor about all of your complaints. The doctor's records will be used as evidence so make sure you inform your doctor of all your pains.
- . On the other hand, everything you tell the doctor, chiropractor or physical therapist may be written down in the records, so be careful to accurately describe your symptoms. For example, if you tell the doctor that you are playing tennis every day, this will likely be written down and used by the insurance company to deny any claim for physical injuries.
- Avoid canceling your doctor's appointments or failing to show up for them. This is also recorded and is used by the insurance company as a reason to deny your claims.
- Keep track of all prescriptions and medicines taken, preferably saving all bottles or containers of medicine.
- Please keep an accurate record of all days lost from work because of your injuries.
- Do not have your automobile repaired or disposed of until you are sure that you have obtained good pictures of it.
- Keep records of the correct names, addresses, and telephone numbers of any and all witnesses to the accident.
- Have your own medical insurance carrier pay as many hospital and doctor bills as possible.
- Be careful what you sign. If the insurance company wants you to sign a release or other document, it is a good idea to have a lawyer review it first.
- If you have an injury as a result of an accident, or other complications related to the accident, you may choose to hire an attorney. It is best to contact an attorney as soon as possible after the accident.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737. |
