Things to do following an accident: Call your lawyer (Drucker law offices) first. At some point, you or your lawyer should call your insurance agent as soon as you can after the accident happens.
Read your insurance policy and/or consult and attorney to read your policy before talking to your agent or the company, including the sections called Coverage and Exclusions. This will make you well-informed in dealing with your insurance company. When talking with insurance representatives, it is considered a good idea take clear and detailed notes. You may want to consider getting names, job titles, phone numbers, and each person’s supervisor’s name.
Things to avoid: Do not give any written or recorded statements to anybody at your insurance company until after you have retained (hired) an attorney. You do not have to let your insurance company record your phone conversations with them. Indeed, the law requires anyone to give notice of recording a conversatoin. While you are required to give you own insurance company a recorded statement, generally, you are NOT generally required to give the other vehicle’s insurance company a recorded statement. If you start to feel too pressured or doubtful, contact an attorney to give you legal support and advice.
As a general matter, you do not sign any waivers or releases without consulting an attorney for legal advice. Do not hurry to agree to anything with your insurer. After an accident, many people are upset and anxious and may be physically injured as well. Even if your car is totaled and you must pay for a rental car, allow yourself some time before fixing any agreements in black and white with your insurance company. Remember that they do not work for you. They do not make money by paying you. This is particularly true of the other vehicle’s insurance. They are looking out for themselves and for their insured and not for you.
What to do after a Car, Motorcycle, or Auto Accident, generally: The moments immediately after a car, motorcycle, or auto accident require thinking to protect yourself and your personal property. Again, the person that caused the accident and their insurance company is looking out for themselves and not for you, so it is important to bear that in mind. There are a number of steps you can take to increase your chances of financial recovery and the amount of that recovery in your auto accident case. I generally recommend the following:
Insist that a report for car or motorcycle accidents be filed with the Police. This is a generally a mistake that is made that is easily preventable. Document as much as you can about the car, motorcycle, or auto accident or injury itself. You generally will help the process by detailing in writing about your injuries and any other losses (such as wages, loss of income, pain and suffering, medical bills, etc.) you have suffered as a result of the accident, and any conversation you had with anyone involved in the accident.
I generally recommend that you talk to no one about the car, motorcycle, or auto accident or injuries other than your attorney or physician. You especially do not want to speak with an insurance adjuster from the other insurance company and you certainly do not want to give them any recorded conversation regarding the accident or your injuries. You may want to consult an attorney that concentrates in accident cases about assisting you.
It is also highly recommended take photos of the car, motorcycle, or auto accident scene, including any visible injuries and the vehicles involved and also to take pictures of any scars, bruises or any visible sign of injury on your body. It is difficult to understand but insurance companies are very skeptical about injuries and showing visible scars or even bruises that ultimately heal up is very convincing to a jury and very convincing to an insurance company to prove injuries. In today’s world where most cellular phones having camera, this is generally easy to do and should be done as often and early as possible.
I also generally recommend that you get the contact information of anyone who witnessed the accident who may be able to help prove your case. Obviously this has to be done at the scene of the accident but write down any information you have about the witnesses that you did not get their information as this can be used later to track them down. This advice pertaining to witnessess can sometimes be the difference between recovering money or not recovering money in a case.
I also generally recommend that for your injuries, you should immediately seek medical attention following a car, motorcycle, or auto accident. You should treat no differently than if you were injured and it was no one’s fault but you certainly need to be sure to have your injured documented and treatment is critical to this. I advise that you be sure to explain how the injuries occurred to your doctor or surgeon. You should mention any sensations of disorientation, confusion, memory lapses, scars, bruises, etc. or other conditions you have sustained.
AND OF COURSE CALL DRUCKER LAW OFFICES 561-483-9199.
