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Auto Injuries - Frequently Asked Questions 

1. What should I do if I am involved in an accident?

First, determine if anyone needs medical assistance and get it as quickly as possible. The first step is almost always to make sure everyone is safe, stabilized or that help is on the way.

Second, you should obtain as much correct and complete information as possible at the accident scene (it will be much more difficult to get vital information later).  We suggest this minimal list of items that you should obtain at the accident scene:

  • The name of each driver and occupant.  Get full names, addresses, dates of birth, telephone numbers, driver's license numbers, driver's license expiration dates, and insurance company name and phone number.
     

  • Get the names, addresses, telephone numbers and insurance companies of the other vehicle's legal and registered owners (if the driver is not the owner).
     

  • Information on the vehicles involved.  Get the make, year, model, license plate number and expiration date, and vehicle identification number (VIN).
     

  • Names, addresses, and telephone numbers of any passengers in the other vehicle.
     

  • Names, addresses and telephone numbers of witnesses to the accident.  Ask them to stay to talk to investigating officers.  If they cannot stay, ask them to explain to you what they saw and if possible write everything down.
     

  • Identify people at the accident scene, even if they will not give you their contact info. If someone saw the accident and leaves the scene, you should make a note of his or her vehicle's license plate number.  Law enforcement officials can trace the owner's name and address.
     

  • Names and badge numbers of any law enforcement officer who came to the accident scene. Ask the officer where and when you can get a copy of the accident report. Make a simple diagram of the accident scene on paper; make notes of traffic conditions, weather, time of day, and any objects such as traffic lights and signs that might be in the area.
     

  • Take pictures and even video of the accident scene.  if you have a camera, take pictures of the scene at the time of the accident showing the vehicles, drivers, officers, ambulance, witnesses - everything.  If you do not have a camera, get one and have pictures made as soon as possible - preferably within 24 hours - of the accident scene.  Do not take one or two photos - take many pictures from many angles.

2.  What about medical care, do I wait for them to pay?

Do not delay medical care waiting for the other individuals or their insurance companies.Get necessary medical care and let your insurance company pay for it or make arrangements with the doctor for payment if you do not have insurance.  Very seldom do we see instances where the other party pre-authorizes any and all medical care.  From their perspective, they would usually rather let you get the care and figure out how much if any they will pay - later.

3.   What about my car? 

Sometimes the other driver will have insurance with a company that will promptly deal with the property damage portion of a claim.  However, you do not have to accept their offer.  You do not have to use "their" authorized repair centers.  It is your car and you are entitled to have it fixed at a repair facility of your choice.  However, you should act promptly.  If for any reason the car is going to be repaired or worked on before the insurance companies get a chance to look at it, make sure the extent of the damage is fully documented and photographed. 

4.  Can I handle the claim myself?

The law does not restrict you from handling your claims yourself.  You should keep in mind, however, that insurance companies and insurance lawyers are trained professionals.  Their job is to resolve the potential "liability" with a view towards paying as little as possible to obtain a release from you. 

Why?  Insurance companies are just that - companies.  They are generally in this business not to "do God's work" but to make a profit for their owners and shareholders.  They charge their insured premiums.  They pay out claims.  The difference between the two is their profit. Look at the buildings these insurance companies, they are some of the largest, nicest buildings money can buy.  They do not make that kind of profit charging their insureds "just enough" to pay the claims and the "overhead."  No, that profit is in part coming from underpayments to injured people. Be careful!

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