If someone is seriously
injured, call 911 or the police and tell them an ambulance is needed.
Make the injured person as comfortable as possible, but do not move
him or her unless it is absolutely necessary to avoid further injury.
3. Insist on a police
investigation and report.
In many cases, there are no
witnesses and you and the other driver may have conflicting versions
of how the accident happened. If you do not request a police
investigation, you may seriously damage your chances of obtaining full
compensation, or may be blamed for an accident that is not your fault.
4. Do not move your vehicle
while waiting for police to arrive.
Unless
your vehicle poses an immediate hazard to other traffic, it is
important that you leave it in the same position that it came to rest
after the accident. Ask the other driver not to move his or her
vehicle until the police arrive. The single most important piece of
evidence that the police officer has for determining fault is the
position of the vehicles after the accident.
5. If you are injured, tell
the police officer.
The
first record of your injuries will be contained in the investigating
officer's report. If you fail to mention to the police officer that
you are injured, it may create suspicion in the mind of the insurance
adjuster (who will ultimately evaluate your claim) that you were not
hurt. Occasionally, the officer will ask if you are injured. However,
if the officer does not ask if you are injured, or assumes that you
are not hurt, let the officer know immediately of any injuries.
6. Obtain names and telephone
numbers of eyewitnesses.
Often, by the time a police
officer arrives at the scene, witnesses to a collision are gone.
Therefore, it is very important for you to identify any witnesses and
write down their names, addresses, and telephone numbers.
7. File your accident report
when required by law.
You
are not required to file an accident report when the collision is
investigated by a law enforcement officer who files a report. You may,
however, file your own report if you wish or if you disagree with the
details reported by an officer.
8. If you have a serious
injury, do not try to settle your own claim.
If you have
suffered injury requiring follow-up medical attention, you should
consider hiring an attorney to represent you. An experienced personal
injury attorney will generally make sure that you receive the
compensation that is due to you, usually more than you will be offered
in settlement by an insurance adjuster, even after attorney fees are
paid.
If you choose to
accept a settlement for your injury without seeking legal
representation, you may receive a settlement that does not fairly
compensate you for permanent injuries and damages. Once a claim is
settled, it can never be re-opened. The best rule is not to sign a
release form for at least six months following an injury. If you are
uncertain about whether to settle, talk to an attorney who handles
personal injury cases.
Most attorneys
handle injury cases on a contingent fee basis, meaning there is no
charge unless they recover compensation for you. You are responsible
for out-of-pocket expenses, called costs, advanced by you attorney.
There is usually no charge to review your claim with an attorney.
9. Report your loss to your
insurance company, but do not give a statement to the other driver's
insurance adjuster.
The
odds are that a claims adjuster for the other driver will be assigned
to your claim before you have been able to retain an attorney. This
may occur within one or two days of the accident. The adjuster will
request permission to take a recorded or written statement.
If you are
considering hiring an attorney, you should not give a statement to an
insurance adjuster for the other driver. Statements made can seriously
prejudice your case without your knowledge. Instead, tell the adjuster
that you have decided to hire an attorney, and instruct him or her to
refer all further questions to your attorney.
10. Your time for making a
claim is limited by law.
As
mentioned earlier, with every injury or death claim, there is a period
of time during which you must file your claim with the court or the
claim cannot be brought. This Is called a "statute of limitation".