Document the Accident
Be sure to exchange insurance information with the other driver. You should copy down all of the information from their insurance verification form for your records. As soon as possible you should document the facts of the accident. Begin a folder to keep all the information together. Be sure you have the information you need about any witnesses. If you have a camera handy, you might want to take photographs of the cars involved, the location of the accident, and any landmarks. Draw a diagram of the accident scene with sufficient detail as to locations of landmarks and vehicles to assist your recollection later.
The insurance company for the driver at fault may want you to give them a statement, either in person or on the phone. We recommend that you not give such a statement without first consulting an attorney. You will want to talk with your own insurance company, however, so that you can receive any medical payment or personal injury protection benefits that may be available.
Keep Records of Your Treatment and Injuries
People either forget or repress many of the problems they suffer after a serious injury. You should begin keeping a record of the dates of your treatment immediately. This information can be invaluable at the time of settlement negotiations or trial. You should keep track of the following information:
- A list of your injuries. Explain your pain and discomfort.
- Explain how your injuries have affected your job performance.
- Explain how your injuries have affected your day-to-day activities.
- Do you have any trouble getting dressed, driving a car, sleeping?
- Have you been unable to ski, dance, garden, golf or participate in your other hobbies and interests?
- Have you missed any family outings, vacations or church activities?
Recovering From Your Injuries
If you are injured in an auto accident, your first priority is to recover, as much as possible, from all your injuries. You should faithfully follow any instructions from your doctor, and be sure to keep any appointments with specialists, physical therapists, etc. In my view, legal issues should be secondary to your full recovery.
Doctor Reports
Here is an example to think about: When you meet an acquaintance and he asks "How are you?" isn't it common to reply, "Great!" or "I'm fine, thank you." It is natural to assume that the other person is extending a polite greeting, rather than actually inquiring as to your medical condition. However, the exact opposite is true when you visit your doctor. When a doctor asks, "How are your feeling?" he is beginning his evaluation of your medical condition. It is a mistake to assume that a polite, off the cuff response is satisfactory. Please be aware and assume that everything stated and/or observed by your doctor may be taken down in detailed notes. The insurance company later reads these notes, or a report made from them, when it is time to negotiate the value of your personal injury claim. The value of your claim largely depends on your doctors' reports. If you downplay the effects of your injuries with a polite response, rather than the truth about your medical condition, you can adversely affect the ultimate value of your claim. If your doctor is not aware of your limitations, pain, etc., he will not provide that information in the report. By the same token, if your doctor feels an injury is exaggerated, it may be put in a report. Always tell your doctor the complete truth about your medical condition.
Give Complete Information to Your Doctor
Remember to tell your doctor about all your pains, discomforts, and limitations. Your doctor will determine whether the complaints are related to the accident. Some problems may seem minor, but relate to another injury in another part of your body. Your doctor will need this information to properly treat you. Try to be as accurate and objective as possible; under no circumstances should you fabricate or exaggerate any problems. Always tell your doctor the following information:
Income Loss Verification
If you lost any income through employment or odd jobs, those losses must be documented. In addition, if you were employed there might be wage loss benefits available through your employer or union. If you are going to be off work for any length of time, it is important to explore every avenue.
Medical Bills
Be certain to contact all your own insurance carriers immediately regarding payment of bills. You may have Medical Payments coverage available through an auto policy. You might also have health insurance that can help. Be aware that any medial bills paid by your health insurance company will probably have to be repaid from your settlement. This is called subrogation, and is common in health insurance contracts. It is very important to have good legal advice on this issue.
Out of Pocket Expenses
Keep receipts from any prescriptions or medications that you have had to purchase as well as any other out-of-pocket expenses. Also, keep track of mileage to see medical providers, particularly if you are required to travel significant distances to get treatment for your injuries. Finally, keep track of the hours of missed work from time spent seeing medical providers. Some of these expenses may be reimbursable at the time of settlement with the insurance company.
The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use. |