What to Do if You Get in a Car Accident

It’s something we all dread and, unfortunately, many of us will experience: a car accident. Whether it’s a minor fender-bender or a serious accident, there are some basic things all drivers (and passengers) should know to protect their rights. One of the most important things to remember is DO NOT apologize – for the accident, injuries, damages or anything else related to the accident. For instance, you may mean that you are sorry someone else is hurt with out any intention of taking responsibility for it, but your innocent statement could be taken out of context and seen as an admission of fault. Remember, it is not your job to determine fault. Second, even if you do not think you are injured or only have what you consider minor injuries, always seek medical attention. Many common injuries attributed to car accidents are not noticeable until several hours after an accident. Additionally, if you wait to seek treatment, the insurance company may allege that you were not really hurt. While you are still at the scene, make sure you get the names and contact information (phone numbers, addresses, email, etc.) of everyone involved in the accident including passengers, as well as the insurance information for the other driver(s)/owner(s). If possible, get contact information from witnesses, too. Details are very important in a car accident case and there is no better time to make note of them than at the scene. Assuming you are well enough to do so, write down key facts about the accident such as location, intersection, time of day, lighting, weather, any traffic lights, stop signs, etc., and take plenty of photographs. It may be necessary to have a close friend or family member meet you at the accident scene to help take down any important facts. Many people are reluctant to do so if they feel they are not at fault, but it is important to contact your own insurance carrier immediately (or as soon as possible if you are injured and unable to do so at the scene) to report the accident. Keep in mind that insurance carriers have time limits in which you must make a claim. If you fail to meet this deadline, your claim may be denied. Additionally, always be honest with the insurance investigators. Remember, the last thing you want is for your claim to be denied because of a little “white lie” or exaggeration. Once you are home, make sure to read your policy to determine the types and amounts of coverage you have so that you know what claims you need to make, if necessary. At some point, either your insurance company or that of the other driver will contact you. It is very important to keep notes of any conversations you have with any insurance representative. Make certain to always write down who you spoke with and their contact info, when, what was discussed and what they advised the next step would be. It is not uncommon to have to chase down insurance adjusters or claims representatives, so always note the date and time of any voicemails you leave and the phone number you called. Rather than try to piece together information and documents weeks or months after the accident, start a file where you can keep all relevant documentation including medical costs, repair bills for work done on your vehicle, notes, photographs, letters, emails or any insurance information. So, now you have managed to navigate through the endless maze that goes along with filing an insurance claim, you’ve jumped through all the hoops and done everything they’ve asked of you, it’s time for them to do the right thing and compensate you for all your losses, right? Are you ready for this. . . whatever offer they make is almost never enough to cover all your damages and injuries. “But, wait” you say to yourself, “what about all those commercials with the comforting (and catchy) slogans? What about those spokespeople that make all those pretty promises?” Despite what you see on TV, do not assume that an insurance adjuster or claims representative will always be fair regarding your claim. Take their opinions (and estimates) with a grain of salt and get your own estimates. Do your homework before you just accept whatever they are offering. Be on the look out for any documentation they want you to sign in exchange for payment – more than likely this is a release or waiver that will prevent you from seeking additional damages in the future. If you are not sure what you are signing, don’t do it and consult an attorney for help. Also, keep an eye out for this scenario: a check arrives without any of those sneaky releases we warned you about, you think “great, I really need to get my car fixed and this will get me started. I didn’t have to sign a release, so I can always ask for more when the car is done.” BEFORE you cash that check, make sure it does not state anywhere on it that this is for “Full and Final” payment or anything similar. If you are not sure, ask a lawyer. Finally, keep in mind that in addition to deadlines in your policy, there are deadlines mandated by the law called Statutes of Limitations that control how long you have to file a lawsuit. If you miss this deadline, you could be barred from ever bringing a lawsuit against the other driver or your own insurance company. If you are having problems receiving the compensation you are entitled to, don’t delay and contact Arguello Law Firm today.