If you don’t call, the insurance company acts like the accident never happened. How do you know the person that hit you is going to be honest with their insurance company? There are no guarantees without a police report. Without a report, they can take the position that you caused the accident in whole or in part. All this can be easily avoided by making that simple call.
You might have to wait 30 or 40 minutes for law enforcement to arrive. Making the call takes time out of your day. The time is well worth it four to five months later when you’re not having to argue with an insurance company whether or not you caused the accident that actually the victim of. No matter how big or small the accident seems, you should always call.
Should You Ever Speak With The Other Party At The Scene Of The Accident And If So, What Information Is Safe To Share?
You should definitely speak with the other side after an accident. Often, these communications at the scene where someone says, I didn’t see you, or, I was on my phone are important conversations later in the case. When we’re looking at an accident that happened six months to a year earlier, it’s important to understand who the person was.
If it appears it’s going to be a hostile communication environment, then don’t speak with the other side. It is perfectly fine to wait in your car for law enforcement. I prefer when my clients have law enforcement take care of collecting the necessary information. Law enforcement requires the person to handover insurance and driver’s license details and check out the car. There’s no guarantee you’re going to get accurate information if you’re just out there talking to the other driver.
What Other Information Or Evidence On The Scene Of The Accident Is Important For The Injured Party To Record Or Preserve, If Possible? What About For Someone Who’s Maybe Too Severely Injured To Have Recovered Or Recorded Or Even Remembered Some Of The Crucial Details?
After you’ve been injured in an accident, it is important to take photos at the scene. If you are too severely hurt, if you’re able, have a family member or loved one take pictures of the cars, where they are on the road, and of the damage you attribute to the crash.
I only need a few pictures showing the positions of the vehicles. The most important thing to do after an accident is seek proper medical treatment. That’s more important to me. If you are hurt to the point you’re not able to do that, if you are taken to the hospital, don’t worry about pictures. That’s something we will take care of. If we see things we need to investigate further, we’re going to do it. That’s part of our job in representing you truthfully and accurately. Don’t get too hung up on taking pictures and documenting the scene. Photos are nice to have but they’re not an absolute requirement.
What Information Is Safe To Share With The Hospital Or Physicians Who Are Treating My Injuries? Could Anything That I Say Be Used Against Me By The Insurance Companies?
It’s important to be absolutely clear about your accident and your injuries when you’re being treated at the hospital. That is the first-place insurance companies look to disrepute your claim. Emergency room records are notoriously inaccurate. Everything’s happening quickly. They’re trying to rush people in and out. The records they create are sometimes worthless.
Be clear about how you were injured and what is injured. If you hurt your knee and your back, don’t just tell them about your knee because it hurts more. If anything feels odd, off, or hurt, you need to tell them. If you don’t, the insurance company will get that emergency room record and try to discredit your claims. They’ll say, hey, Mr. Jones didn’t say their back hurt. We start the case having to fight against these disputes in the records. Always tell the ER doctors and nurses everything that is hurt.
I suggest having someone accompany you in the emergency room if you’re able. Even if you tell the ER everything, it still may not show in the records. When you’re hurt, you are so focused on your injuries and what you’re going through, it’s best to have someone there to advocate on your behalf.
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