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Attorneys at Law |
WHAT TO DO IF YOU’RE IN AN AUTO ACCIDENT
Disclaimer: The information contained in this FAQ is
provided for general information purposes only and is not intended to be a legal
opinion, legal advice or a complete discussion of the issues related to a
personal injury case. Every individual's factual situation is different and you
should seek independent legal advice from an attorney familiar with the laws of
your state or locality regarding specific information.
As Soon as an Collision Happens:
- Stop your car. Failure to stop can result in serious
criminal consequences.
- If possible, move your car so it doesn't block traffic.
- Warn approaching traffic with flares and/or your car's
flashers.
- Call the police. If anyone is injured, call for an
ambulance.
At the Scene of the Collision:
- Do not make any statements about who caused the collision.
- Note carefully any statements made by other people involved
in the collision.
- Get the following information from the driver(s) of the
other vehicle(s) involved in the collision:
- Driver's license. Get the driver's birth date, license
number and the state of issue.
- Vehicle make, model, year, and tag number. Ask to see
the registration card to confirm this important information.
- Name, address and phone numbers (home and work) of the
driver.
- Name, address and phone numbers (home and work) of the
owner of the vehicle.
- The insurance Policy Number, the name of the insurance
company, and the agent's name, address, and phone number.
- Get the names, addresses, and home and work phone numbers
of anyone who saw any part of the collision (witnesses) or came on the scene
afterwards.
- Tell the police officer that you want a written report of
the collision. (Sometimes, if no one appears to be immediately injured, the
police will not prepare a report.) Take down the officer's name, badge
number and department.
- If injured, or if you aren't sure if you are OK, go
immediately by ambulance or car to a hospital emergency room. CAUTION: Due
to the shock of the collision, you may not realize how badly you are hurt.
If you are unsure, be on the safe side and go to the hospital or see your
doctor right away. DO NOT DELAY! You may not be aware of the full extent of
soft tissue injury until days or weeks after the collision. You should have
a doctor familiar with auto collision injuries, such as an orthopaedist,
examine you promptly. Seeing a doctor immediately is very important in
getting fair compensation for your personal injury.
Immediately After the Collision:
- Call your attorney! The sooner your attorney
is brought into the matter, the better he or she can advise you and protect
your rights. Your attorney will help you process your medical bills, work
with the insurance companies and help you get a fair recovery for your
injuries.
- Describe What Happened—Write
out a detailed description of the collision, including location, time of
day, weather conditions, description of the roadway, speed limit, traffic
lights, stop signs, etc. The sooner you do this, the more precise your
recollection will be.
- Talk To No One—You should not talk to
anyone about your collision except one of the lawyers or investigators in
your lawyer's office. You should always require some identification so that
you are sure to whom you are speaking. You should not even talk to your own
insurance company without notifying your lawyer first.
- Traffic Offenses—Never plead guilty
to any traffic offenses or pay any tickets in connection with the collision
without speaking with your lawyer first. If you receive a ticket, call your
lawyer immediately, and he or she will see that someone represents or
advises you.
- Witnesses—Give your lawyer immediately the
names, addresses and telephone numbers of all witnesses to the collision and
people who came on the scene after the collision.
- Photographs— Take pictures of any severe
bodily injuries and damage to your car immediately. This will vividly record
what happened. Send your lawyer the negatives and copies of prints of any
photographs you have pertaining to your case. Helpful photographs include
those which show damage to your vehicle, shots of the collision scene and
pictures of your injuries.
- Car Repair—If your car has not been
repaired, do not do so until you speak with your lawyer—he or she may want
to take pictures or have the car inspected. If it has been repaired, supply
your lawyer with copies of all estimates and bills.
- Your Doctor—You should follow as precisely
as possible the advice and course of treatment recommended by your doctor or
other health care providers. Do not minimize and do not exaggerate your
ailments to your doctor or health care provider, as he or she needs to know
the true extent of your problems to best know how to treat you. If you see
any additional doctors or health care providers, be sure to immediately let
your attorney know their names, addresses and telephone numbers.
- Record of Complaints—Please keep a daily or
weekly record or diary of your condition and progress. Record how you feel
on a day-to-day basis and how your life is affected by your injuries. This
can be very helpful in dealing with the insurance company and if a trial is
necessary. Again, do not minimize or exaggerate your problems; write down
exactly how you are feeling.
- Wages And Earnings Lost—Please keep an
accurate record of all time lost from work because of your injuries,
including time off to visit doctors and therapists. Please have your
employer send your lawyer written confirmation of this and the amount of
wages represented by this time lost. Your lawyer need this information even
if you are compensated for your lost pay through sick leave or vacation
time. (Note: Some states do not allow recovery for lost time if you received
sick leave or vacation time.)
- Medical Bills—Keep copies of all your
medical, hospital and drug bills, and send the original bills to your
lawyer. You should also keep records of any other expenses you have in
connection with your collision, such as the hiring of extra help and mileage
or taxi fare for visits to doctors. All your expenses should be paid by
check or you should get a receipt. If you have health or medical insurance
to cover such bills, or if this is a Worker's Compensation case, please
speak with your lawyer before submitting bills for payment. If you
can pay the amount not covered by insurance, don't not pay because of
the case, but, again, speak with your lawyer first.
- Questions—Your lawyer will probably not
contact you on a set schedule but will contact you from time to time when
necessary. That you do not hear from him or her is not an indication that
they are not working on your file—a great deal of work is done between the
insurance company and the lawyers, and the parties are not directly
involved. If you have any specific questions about your case at any time,
please write or call your lawyer.
We can help you get a fair recovery for personal
injuries suffered in automobile collisions, slip and falls, medical malpractice
and products liability matters. Please call us at (301) 924-4400 or e-mail us to set up an appointment.