Checklist of Dos and Don’ts Following a Car Wreck
Over the past year and a half, I have settled more than 100 personal injury claims against various insurance companies. The overwhelming majority of those claims involved motor vehicles. Based on my experience, I have come up with a checklist of things you should do—and not do—if you or a loved one is involved in a car wreck:
Call the Police
Quite often, the at-fault driver will ask the injured victim not to call the police following a car wreck. Instead, the at-fault driver will offer to give his or her insurance information and/or promise to pay for all out-of-pocket damages. While this might seem convenient (especially if you think this is just a “minor fender bender”), it may actually be detrimental to your claim.
Most police officers are trained to evaluate car crashes, write police reports, and determine who they believe to be at fault. Without a police report, the insurance company may give you a hard time by denying your version of the events and/or placing some, if not all, of the blame on you.
Request an Ambulance (or Seek Medical Attention as Soon as Possible)
Some insurance companies will discount a car-wreck victim’s injuries if the victim does not request an ambulance at the scene of the collision. The outcome could be worse if the police officer reports that the victim “refused” treatment. These insurance companies will argue that the victim would not have turned down immediate medical attention if the victim were truly hurt and in pain. Therefore, if you feel like you have sustained any bodily injuries (no matter how small), you should not turn down a police officer’s request to call for an ambulance. If you did not go to a hospital but begin to feel pain days after the collision, seek medical attention from your primary care physician, an urgent care facility, etc. as soon as possible. Some serious car-wreck related injuries could have delayed symptoms. Do not forget to inform the physician that you were involved in a car wreck, and make sure to follow any treatment plan prescribed for you.
Get the Other Driver’s Insurance Info
Even though the police officer will request the at-fault driver’s insurance information for the police report, Texas law gives the officer up to 10 business days to complete the report. Instead of waiting, ask the officer politely to provide you with the driver’s name, insurance company, and policy number. This will allow you to open a claim with the at-fault driver’s insurance company—and find out whether there are any liability or coverage issues—as soon as possible.
Get the Names and Contact Info of any Witnesses
Sometimes, it is difficult for the responding officer to determine fault. This often occurs in intersection collisions and other he-said, she-said type collisions. To help the officer, try to locate any possible witnesses who saw the collision and can explain why the other driver was responsible for it. Get the witness’s name, phone number, address, and email for your records. Then, make sure the witness speaks to the officer and the officer uses the witness’s observations to conclude that the other driver caused the collision.
Take Pictures
A picture is worth a thousand words. That is why you should take pictures of the property damage, any skid marks left by the vehicles, the scene of the collision before the cars are moved, the cars being towed away, and all relevant bodily injuries (e.g., abrasions, lacerations, etc.). Not only could this help establish the at-fault driver’s liability, it could improve the value of your case as well.
Do Not Admit Guilt, Apologize, or Discuss Responsibility
This should go without saying. Even if you think you could or might have caused or contributed to the collision, do not say anything about that to anyone—including the responding police officer, the other driver, the insurance company, etc.—other than your attorney.
Speak to an Experienced Injury Lawyer ASAP
Generally, the longer it takes for a car-wreck victim to hire an attorney, the more likely it is that the insurance company will undervalue the claim. If you or a loved one has been injured in a car wreck, you have enough things to worry about. Do not let negotiating with an insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.