Initial impact
A frequently repeated phrase is “better to read about this than to experience it yourself.” Few maxims can better summarize what it is like to be the victim of a car collision.
Like any paradigm shift in someone’s life, it is often dramatic and sudden. The screeching of the wheels, the scream of the unexpected or the unfamiliar adrenaline rush.
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 their situation and turn their misfortune into an opportunity to improve their case and their chances of obtaining reasonable compensation.
Self appraisal
After the initial impact and twisted metal, victims at the scene may be stunned and confused. Regardless of where you are on the road, examine yourself and passengers for injuries. If there are no visible injuries, do the obvious and move your vehicle to safety if you are blocking the road.
If someone is injured, seek medical help as soon as possible. In fact, 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 be seriously injured. While it may seem callous, car accident cases, and other cases involving personal injury, are all about documentation.
Insurance claims representatives will even go as far as reducing the value of a claim by not going to the emergency room, even if there are subsequent objective findings that an injury occurred. Injuries, such as cervical strain and sprain, tend to appear more than a day or two after the “adrenaline shot” wears off. However, it is the initial documentation that is important.
Interaction with law enforcement agencies
If the police were summoned by a party that contacted 911, the documentation will be generated again. It is common that the police, in addition to checking for injuries, can cite the guilty driver for a crime or traffic violation.
Note 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 back on its feet.” Until a magic wand is invented, that means the “bad boy” pays some kind of compensation.
Before law enforcement takes a general “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 car accident or injury attorney to help you later prepare a case.
Please note that the initial police investigation is completely separate from the civil process, which, in turn, may depend on the 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 can reach an independent conclusion.
One last point is that asking for help may be legally required in some circumstances. In Virginia, assume it is mandatory if someone is injured or there is visible property damage on vehicles.
The facts for later document
Feel free to be your own detective if you haven’t met with a personal injury attorney yet.
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 you are expected to provide your insurance information to the other driver, even if you were at fault. U.S very Advise clients not to make statements to the other driver’s insurance company. They are often highly motivated to blame someone other than their own insured.
Don’t limit yourself to images of vehicle property damage. If it is safe and prudent to do so, take a large number of photographs of yourself and your passenger’s injuries. This includes bruising that may appear later.
Being your own detective, the other driver’s insurance company may not be too quick to turn a blind eye to their insured’s fault. Documenting (if safe and non-obstructive) while still at the scene to show the location of the impact, road conditions and the condition of vehicles can be critical pieces of evidence later 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 its ability based on the facts. If you don’t have any of these tests, don’t worry. In most cases, a customer does not provide this information during the initial intake. That being said, the more information that is provided, the better.
Seek medical treatment
Consistent with the need to call 911, if necessary, is the simple fact that you should 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 healthcare provider and do as they tell you. 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.
This is even true if you did not have health insurance at the time of the crash. It is very important that if you do not have health insurance 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 treatments.
Even if you have the most surprising case, not having health insurance means that the proceeds from any subsequent settlement or lawsuit will go to paying providers when it could have gone to your pain and suffering that you endured as a result of the injuries.
As a small warning, in some circumstances, the other driver’s insurance company may reduce any settlement offer by the amount paid for the 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 they are recommended by a treating healthcare professional.
Whether it’s the day after the accident and you are discharged from the emergency room or in the third month of physical therapy or chiropractic care, you must keep your appointments. We cannot stress this enough.
The auto insurance companies for the other driver will even go so far as to wrongly say that you are faking your injuries. They can resort to this accusation if they miss their appointments or stop treatment before the end of 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 “hold on” despite pain. That does not appear to be a common thread in current negotiations with insurance companies, especially when it comes to auto injury cases. If you feel a certain way, seek treatment. We encourage clients to keep a daily pain and discomfort diary so that we can see how they are progressing in their treatment.
Demand moment: “Let’s get started!”
While this article was limited to what a car accident victim can do to improve their case before their first legal consultation, you would be remiss if you did not include one last piece of information: choose an attorney who is not afraid to go to trial. If you do not receive the settlement offer you are seeking (and it is reasonable given prior settlements or verdicts), a skilled Virginia car accident attorney will have no qualms about filing a lawsuit and making a request for appropriate damages to the judge or jury.
If, after negotiating with the insurance company and talking to my client, we do not get a reasonable settlement offer, then it may be time to file a lawsuit.
Occasionally, it may be wise to remove all claims representatives and file the lawsuit against the person who hurt you.
If the other driver’s insurance company does not put the correct value on your case, a jury of your peers can see that you internalized your pain, choosing not to burden your family and friends and assessing the damages in a more reasonable way.
