Call the Police – It is important to get police on the scene and an accident report written for the event. Many times insurance companies will rely on the police determination to make a liability decision. This helps nail down the facts of the incident and makes it harder for the other driver to later change their story.
Preserve Evidence – Take photographs of the auto accident scene, vehicles and injuries. Injuries heal and vehicles are fixed, but pictures tell a story forever. They will also help your lawyer if there is a dispute.
Identify Witnesses – Collect the names, addresses, and phone numbers of potential witnesses. Even though the other party may admit to being at fault immediately after the auto accident, their story usually changes once they leave the scene.
Get the Other Driver’s Information – Their name, address, phone number, driver’s license number and insurance information. If the auto accident case must be litigated the other party cannot be served without a valid address.
Seek Immediate Medical Attention – If you are injured seek immediate medical attention. Although unfair, insurance companies place great weight on speedy treatment when determining the validity of your injury. Delayed medical treatment also allows the insurance company to argue that injuries were caused subsequent to the accident.
Report the Auto Accident to YOUR Insurance Company – You are obligated to inform your insurance company when you have been in an accident. You may also have additional coverage that you are unaware of.
Don’t Speak with the Other Insurance Company – Unlike your own insurance company, you have no obligation to provide any information to the other party’s insurance. Do not provide a written or recorded statement as those almost never change a third party insurance company’s liability decision and can only be used against you if the case is litigated.
Don’t Release Any Medical Records – The other insurance company will ask you, usually by mail, to release your medical records. Do not do it. The information is private, will only be used against you to argue that there was another cause of your injury, and will not be used to help your case.
Contact an Experienced PI Attorney – An experienced Personal Injury Attorney can negotiate with the insurance company and get a larger settlement. Insurance companies often offer more because they know that the case will be litigated if an attorney is involved and a fair settlement cannot be reached.
