initial impact
An oft-repeated phrase is “it’s better to read about this than experience it for yourself.” Few maxims can better summarize what it is to be the victim of a car accident.
Like any paradigm shift in someone’s life, it is often dramatic and sudden. The screeching of the wheels, the cry of the unexpected or the injection of unknown adrenaline.
All of these tragic events mark the beginning of a typical personal injury case. For the sake of simplicity, we will discuss a common car accident. This piece explores how a victim of circumstance can take control of her situation and turn her misfortune into an opportunity to improve her case and her chances of reasonable compensation.
Self appraisal
After the initial shock and twisting metal, victims at the scene may be dazed and confused. Regardless of where you are on the road, check yourself and your passengers for injuries. If there are no visible injuries, do the obvious and move your vehicle to a safe location if it is blocking the road.
If someone is injured, get medical help as soon as possible. Truth be told, calling 911 has the added benefit of documenting the incident for later insurance evaluation purposes. This is because the documentation generated from the call tends to indicate a propensity for a person to sustain actual injuries. While it may seem that way, because accident cases, and other cases involving personal injury, are all about documentation.
Insurance claim representatives will even go so far as to reduce the value of a claim for not going to the emergency room, even if there are later objective findings that an injury occurred. Injuries, such as strains and cervical sprains, tend to appear more than a day or two after the “adrenaline shot” wears off. However, it is the documentation from the beginning that is important.
Interaction with law enforcement
If the police were summoned by a party that contacted 911, the documentation will be generated again. It is common for the police, in addition to checking for injuries, to cite the at-fault driver for a crime or traffic violation.
Keep in mind that a criminal case is the government (or, in Virginia, the “Commonwealth”) against the defendant. A criminal case is about seeking justice. On the other hand, a personal injury case is about “getting whole again.” Until a magic wand is invented, that means the “bad guy” pays some kind of compensation.
Before law enforcement does an overall “first look” at liability, they will collect evidence, including statements from other drivers and witnesses, as well as contact information. This information is crucial for a Virginia auto accident or car injury attorney to help prepare a case later.
Please note that the initial police investigation is completely separate from the civil process, which, in turn, may be based on documentation generated as a result of the accident investigation. Even if an officer believes that a person is at fault in a collision, the other driver’s insurance company may come to an independent conclusion.
One final point is that asking for help may be a legal requirement in some circumstances. In Virginia, assume it is required if there is someone injured or visible property damage from vehicles.
Document the facts for later
Feel free to be your own detective if you have not yet met with a personal injury attorney.
Ask for the other driver’s name, address, phone number, and insurance information. If there are other witnesses to the collision, ask for the same. Take pictures with your cell phone of the accident scene and driver’s license, if provided.
It is perfectly normal and expected to provide your insurance information to the other driver, even if you were at fault. Us highly Advise customers not to make statements to the other driver’s insurance company. They are often highly motivated to blame someone other than their own policyholder.
Don’t limit yourself in property damage images of vehicles. If it is safe and careful to do so, take a large number of photographs of your injuries and those of your passenger. This includes bruising that may develop later.
Being your own detective, the other driver’s insurance company may not be quick to turn a blind eye to the fault of its policyholders. Documenting (if safe and unobtrusive) while still on the scene to show the location of the impact, road conditions, and the condition of the vehicles can be critical evidence that a personal injury attorney can use later.
A good law firm will use this evidence to help build your case to the best of the facts. If you don’t have any of these tests, don’t worry. In most cases, a client does not provide this information during initial intake. That said, the more information you provide, the better.
seek medical treatment
In line with the need to call 911, if necessary, is the simple fact that you need to seek medical treatment if you are injured in the collision or if you later develop conditions that did not exist on the day of the accident.
It is essential that you go to all scheduled appointments with a health care provider and do everything you are told to do. The most important thing in every insurance company’s playbook is to highlight any and all delays or gaps in treatment and try to use that information to lower the value of your claim.
That is even true if you do not have health insurance at the time of the crash. It is very important that if you do not have health insurance that you don’t waste time getting it. In addition to being a legal requirement at the time of this writing, health insurance can cover tens of thousands (if not millions) of dollars in treatment.
Even if you have the most surprising case, not having health insurance means that proceeds from any subsequent settlement or lawsuit go to pay providers when it could have been for your pain and suffering that you endured as a result of your injuries.
As a word of warning, in some circumstances, the other driver’s insurance company may reduce any settlement offer by the amount paid for insurance. However, this depends on the state and a completely different analysis. You will need to consult with a car accident attorney in your state to determine if this applies.
Avoid waiting until the last minute to seek necessary medical treatment or cancel your appointments if recommended by a treating health professional
Whether it’s the day after the accident and you’re released from the emergency room or your third month of physical therapy or chiropractic care, you must keep your appointments. We cannot stress this enough.
The other driver’s auto insurance companies will even unfairly say that he is faking his injuries. They may resort to this accusation if he stops going to his appointments or drops out of treatment altogether before it has run its course. Soft tissue injuries can often “flare up” if maintenance treatments are not continued to their natural conclusion.
Once upon a time, it was a socially acceptable attribute for people to be “tough” and “stick it out” despite pain. That doesn’t seem to be a common thread in today’s negotiations with insurance companies, especially when it comes to auto injury cases. If you feel a certain way, seek treatment. We recommend clients keep a pain and inconvenience diary, so we can see how they are progressing in their treatment.
Demand time: “Let’s do it!”
While this article was limited to what a car accident victim can do to improve their case before their first legal consultation, I’d be lost if I didn’t include one last piece of information: Choose an attorney who isn’t afraid to go to trial. If you get the settlement offer you are looking for (and it is reasonable given prior settlements or verdicts), an experienced Virginia car accident attorney would have no qualms about filing a lawsuit and seeking adequate compensation from the judge or jury.
If, after negotiation with the insurance company and discussion with my client, we do not receive a reasonable settlement offer, then it may be time to file a lawsuit.
From time to time, it may be advisable to remove the claims representatives and file the lawsuit against the person who hurt you.
If the other driver’s insurance company doesn’t value your case correctly, a jury of your peers can see that you internalized your pain, choosing not to be a burden to your family and friends, and assess the damages in a more reasonable way. .