TIPS AFTER A CAR ACCIDENT
If you are involved in a car accident, these are some tips.
1. Call 911. Call 911 and inform them of the situation. You may need both the police and an ambulance and they will arrange for both. Regardless of what the other driver says, call the police. The police are required to investigate and file a report. Remain at the scene until help arrives. They may not arrive right away but it is important that you wait for the ambulance or police.
2. Gather Information. Identify the driver or drivers of the autos involved in the auto collision. Be certain that you get the other driver's: (1) name, address and home telephone phone number, (2) employer and work phone, (3) Make, model and year of his or her car, (4) registered owner's name, (5) insurance company name, agent name and policy number, (6) driver's injuries or pain complaints, and (7) any statements the driver makes to you about the accident. Identify any witnesses to the auto accident. As soon as possible, get the names, addresses and/or phone numbers from any witnesses to the accident. Often, and it says a great deal about our country, witnesses will stop at the scene to see if they can be of assistance. When they understand that the police and ambulance have been called, they have a tendency to leave the accident scene without leaving their names or phone numbers and critical witness are lost forever. Although the other driver may seem nice at the accident scene, once his insurance company’s lawyers get their hands on the file, things may quickly change. The witnesses will be an absolute must in order to prove your case.
3. Get details. While you are waiting for the police or health care providers to arrive and before you leave the scene of the accident that day, and to the extent that your medical condition allows you to do so, you or someone from your family, should as soon as possible write down the time and place, the weather and road conditions and even a diagram showing the relative positions of the vehicles and the directions from which they were coming or located at the time of the happening of the accident. This type of information or any writing that you create is for the purpose of potential litigation and should not be given to anyone other than your personal injury attorney.
4. Be Cautious with your Commentaries. The police will ask you how the accident happened, and you should cooperate with them. However, remember that much of what you say will show up in a police report. Comments by you at the scene might be used against you later, so be careful! Just tell the officer how the accident happened. Stick to only what you know. Do not speculate.
5. Seek help. If you are not removed from the scene of the accident by ambulance, make sure that you go to an emergency room or to a physician for an evaluation immediately. Even though you may think you are not hurt from the accident, you may actually be hurt. Seek medical attention as soon as possible. Do not be surprised if you feel fine at the accident scene but develop pain later. Sometimes the adrenaline that is released from the stress caused by the accident can hide the full extent of injuries. Do not wait to seek medical attention in the hope that your pain will resolve on its own. To the insurance company, injured people seek medical attention. If you do not seek care, the insurance company will use that against you to claim that you were not injured. Be certain when you arrive at the emergency room or when you see a physician to tell the physicians and nurses that you have been involved in an auto accident and describe anything that you are feeling that you think is unusual no matter how minor you think it is. This is no time to be shy. If you fail to have your symptoms properly documented early, the insurance company will use that against you. Also, Doctors may recognize your complaints as a symptom of a more serious problem. With all of this said, however, if you are certain that you have not suffered an injury do not get treatment. Emergency rooms are busy in Connecticut.
6. Take pictures. Photographs of the damage to vehicles are often a huge help to injury lawyers in preparing your personal injury case. If possible, have someone from your family take photographs of your auto and the areas of damage to your car. Take photographs from a number of different angles, close up, and from a distance. There is no such thing as using too much film to document the damage to your auto. Take photos of all parts and all sides of the vehicle and if necessary, use up an entire roll of film. If possible, take photos of the accident scene. As soon as practical, you or your loved ones should go back to the accident scene and take photographs if traffic conditions make it safe to do so. Be sure to include landmarks such as signs or buildings so that it can easily discern what the pictures show later. If there are skid marks, damages to trees or shrubberies or if there are any parts of the car that is still left on the ground, take photographs of all of these areas. Also, take photographs of the other driver's car. Most of the time, the police accident report will identify the destination to which both cars have been towed. If both cars have been towed and if they are at a certain body and fender shop or towing shop, if possible, take photographs of the autos. Also, if you have suffered any visible injury, make sure to take pictures of the injury. Hopefully, your injury will heal. While this is a good thing, it is important that your lawyer be able to document the injury.
7. Make a report. Report the auto accident to your insurance company. Call your insurance company about the accident even if you think the other driver is at fault. In order to protect your rights to insurance coverage, your insurance company is entitled to be notified by you of the happening of the accident, about the extent of injuries to you or your passengers and the damage to the auto. Although you are obliged to notify your insurance company of an accident, you DO NOT HAVE TO PERMIT THAT YOUR STATEMENT BE RECORDED. Recorded statement have a way of working against the person giving the statement. Skilled lawyers will twist your statement and use it against you. If your insurance company insists on recording a statement, contact a lawyer. Under no circumstances should you give a recorded statement to the insurance company that insures the other driver's car. Do not give a recorded statement to employees, representatives, investigators for the insurance company that insures the car that collided with you. If your insurance company and the at-fault driver's insurance company are the same, you need to give a statement to the adjuster handling the claim on your behalf, not the other driver. Suffice to say, this is confusing and you need to discuss with a lawyer how to best approach this problem.
8. Call a Lawyer. Contact a personal injury attorney. Personal injury claims can be settled without attorney representation. But laws related to accident injuries are complex and change frequently. Insurance companies are well aware of the rules, but most car accident victims are not. The insurance company will not explain this to you. An attorney represents your interests, not those of the other driver or any stockholders. He or she will research and analyze the facts regarding your claim, work with your health care providers, prepare legal documents, and negotiate a fair settlement. Call us at 860-232-3476 or visit latinoabogado.com.
9. Pitfalls. In Connecticut, the statute of limitations for auto accident (negligence) claims is two years. This means that a lawsuit must be filed within two years of the date of the accident or you will lose all right to make a claim. In addition to this statute of limitations, there are many other pitfalls that can cause you to lose legal rights. For example, if the negligent driver was a municipal or state employee, there may be notice requirements that must be satisfied in order to maintain your legal rights. It is critical that you contact an attorney so that he assess the facts, analyze the law and protect your legal rights.