The Following are actions you should take AT THE
SCENE of an accident,
IMMEDIATELY FOLLOWING
an accident and
DURING
YOUR RECOVERY. Remember, under California law,
you have a duty to mitigate any damages that you could be
incurring on your case.
- Get names and numbers of any and all witnesses. Sometimes police do not get the names and numbers of all witnesses.
- Get the license plate number, name, address, phone number, driver’s license number and insurance information.
- Accept medical treatment at the scene. If it turns out that you are injured and you refused treatment at the scene, the insurance company can use that against you.
- Do Not Talk To The Other Party’s Insurance Company or The Other Party Involved
- Do Not Provide a Recorded Statement
- Do Not Sign Any Papers Without Having a Lawyer Review Them First
- Take Photos Right Away of Any Visible Injuries and of Your Vehicle’s Damage
- See a Healthcare Provider Immediately, Don’t Delay Treatment
- Get an Estimate on Your Vehicle’s Damage
Do not discuss your case with anyone without first consulting your attorney. What may appear to be an innocent remark on your part as to how the accident occurred, or how you were injured, may be distorted or changed by others - especially the other party’s insurance company. Trying to say something you think is helpful may be just as dangerous. If anyone does attempt to contact you or talk to you about your case, simply refer that party to our office or consult with us before you answer any questions.
Do Not Provide a Recorded Statement
Do not provide a recorded statement to your insurance company or the other party's insurance company unless your attorney is present to represent you. You are not legally obligated to provide a statement without your attorney being present.
Do Not Sign Any Papers
Do not sign any statements, forms, reports or any other document sent to you by anyone unless your attorney’s office instructs you to do so. If ever you are in doubt, please call us first.
Sometimes the forms you are asked to sign seek information about you that is protected by privacy laws and you are not required to produce it. Insurance companies notoriously send out forms that go well beyond the scope of your claim and seek to have you sign it so they can get other information about you and use it against you when it comes time to settle your claim.
Take Photos Immediately
Take color photos of your vehicle before it is repaired or inform our office where the car will be available for us to take photos. These photos should be taken to show all of the damage to the vehicle.
If you can, also take pictures of the scene of the accident (tire marks, broken glass, or any other such damage).
If you have been injured as a result of the accident, take photos of your visible injuries and any medical equipment you must you must wear/use as you recuperate.
Take photos of the other vehicle(s) involved, if you happen to have a camera at the time of the accident.
See a Healthcare Provider Right A Way: Without Delay
Contact your automobile insurance agent to find out if you have medical payment coverage. If you have medical payment coverage, which is specifically designed for accident-related injuries. Have your healthcare provider bill your auto medical payment coverage first. Keep track of all treatment-related expenses, including co-pays and prescription as well as non-prescription medications. Most medical care expenses are not reimbursed until after you are done treating for your injuries.
Keep in mind, Insurance companies are often times unwilling to play claims when someone does not get medical treatment right away. If you don’t have medical insurance, ask a medical provider to bill you. A lawyer can often times get medical providers to agree to a set payment at the end of the case. Failure to get medical treatment can be fatal to your case.
Get an Estimate of your Vehicle
Damage
Be sure to get a car damage
estimate for the vehicle that was involved in the accident.
That is an important piece of information that attorneys
take into consideration when deciding whether to take on a
case. We will ask you to send us a copy a copy of all
estimates of repair and/or paid repair bills for the
vehicle. It is imperative that we have these documents in
our file for the purpose of negotiating the settlement of
your claim. If you have any other receipts such as for
towing or automobile storage, you will also need to provide
these documents. If you were on a bicycle or a motorcycle,
we will still need a repair estimate.
If at any time you find that there are additional parties involved, witnesses, etc., please be sure to send us this information immediately. We expect you to answer each question we ask honestly, even if you think it is not important or is embarrassing. Whatever information you provide to us will remain strictly confidential and we will not ask you anything unless we feel it may have some bearing upon your case.
Vehicle Repair
Provide a copy of all estimates of repair and/or paid bills for your vehicle. It is imperative that we have these documents in our file, in order to negotiate a settlement of your claim. If you have receipts for towing, automobile storage or car rental, be sure you also provide these documents.
Medical Expenses
Be sure you
inform this office of the names and addresses of all
doctors, hospitals and other healthcare providers that have
rendered treatment to you, as a result of the accident or
injury. If you spend any money for prescriptions or medical
supplies, be sure to request and retain receipts.
The medical expenses you incur are the most single
important factor to determine and prove the extent of the
injuries you have sustained and the value of your claim.
We cannot negotiate a settlement on your claim until we have
all of the medical bills and reports in our possession. You
will be asked and expected to mail any and all bills and
receipts in your possession, and we will request any
additional documentation needed directly from your
providers.
Loss of Earnings
Be
sure to document any and all full and partial days missed
from work. Insurance companies will often not pay for wage
loss unless the time off of work was authorized by a medical
provider. Make sure to get your medical provider to write
you a disability slip for all periods of work missed
following an accident.
Companies also will not likely pay for time off of work if
the time is taken long after the accident occurred unless it
is authorized by your medical provider. If you are in need
of taking time off work due to your injuries, take the time
off immediately following the accident and get a doctor’s
slip in order to ensure that you will recover those lost
wages. We will also need to have the name and address of
your employer at the time of the accident so we can obtain a
verification of any loss of earnings. We cannot make a claim
for loss of earnings without being advised of the time lost
from work, your rate of pay, etc. We have forms available to
assist you in obtaining this documentation from your
employer.
Pain and Suffering
Make a
record of your injuries and complaints. Be sure to keep
track of:
- Prescribed treatment
- Any sleep issues, headaches, dizziness, bleeding or other symptoms
- Any pain, including when it occurs – when bending, sitting, etc.
- Whether or not you can work without pain
- When you first return to work, document your condition at that time and whether or not you are able to perform your regular duties.