What You Should (And Should Not) Do If You Are In A Car Accident…& Why

Being involved in any type of auto accident can be a frightening experience. Immediately after you are involved in an accident, you should take certain steps in order to protect your health, as well as any potential legal claims you may have, for injuries caused by the accident. You should also avoid doing certain other things.

After A Car Accident, You Should Do These Things:

• Call the Police from The Accident Scene

Any accident that caused physical injury or property damage should be reported to the police. A formal police report will serve to document what occurred, what was said, who was at fault, injuries complained of – or clearly visible — etc. The report will provide important information, such as the names of drivers and witnesses, driver license information, insurance information, description of the roadway, citations issued, etc. While the details may be fresh in mind shortly after an accident, those details tend to fade from memory over time. Insurance companies evaluating damage and injury claims always request a police report, which they use in evaluating who is at fault, and whether to pay. For all of these reasons, it is important to call the police right after the accident occurs.

• Take Notes (You Can Do It On Your Phone)

It is common to forget critical details after a traumatic experience, such as a car accident. You should take your own notes about the accident, such as:

• where the accident occurred;
• time of day;
• the weather conditions;
• whether the other driver(s) appeared to be distracted at the time of the accident;
• whether the other driver(s) appeared to be intoxicated;
• names and telephone numbers of eyewitnesses;
• conversations at the scene (what the other driver(s), vehicle occupants, police, etc. said);
• how many occupants were in the other vehicle(s);
• who called the police;
• location and magnitude of damage to the other vehicle(s), etc.

• Take Photos

Start gathering useful evidence. Taking photographs of evidence will be helpful in proving your case. This includes:

• damage to the vehicles;
• visible injuries;
• roadway evidence – such as skid marks and roadway debris

It’s true: a picture is worth a thousand words. Pictures can also be essential evidence in proving your case. After all, seeing is believing. Take pictures as soon as you can. If you have bruises that develop a day or days after the accident. Take photos of them.  When the window of opportunity to capture important images closes—and it will—it’ll be too late.

• Report The Accident To Your Insurance Company & The At-Fault Driver’s Insurance Company

If you were injured in an auto crash, you may not see the reason to notify your insurance company of your accident, especially if you are making a claim with the negligent driver’s insurance company. However, even if you do not plan to file a claim with your insurance company, there was no damage to your vehicle, or you do not believe you were injured, you want to report your accident. If you fail to do so, you could later regret your decision.

There is a difference between reporting your crash and filing a claim. Reporting your accident is simply notifying your insurance company that an accident occurred. It is not the same thing as filing a claim to receive coverage for your property damages or injuries. You need to report your accident as soon as possible after it occurs. Here are reasons why it is important to do this:

• Meeting Contract Requirements. Your insurance policy is a contract between the insurance company and you. It most likely requires you to report your accident¬¬—whether or not you are making a claim—and will have a strict deadline to give notice. If you fail to follow your contract requirements within the time period specified in your policy, you could lose your right to insurance coverage, should you later need to file a claim.
• Authorizing Repairs To Your Vehicle. Even if you file a claim with the negligent driver’s insurance company, you may decide that it is quicker to pursue a claim for your car repairs and a rental car, while your vehicle is in the shop with your own insurance company. If the other driver’s company is disputing your claim, it could take months or longer to negotiate a settlement. If you did not promptly report your claim in a timely manner, you could be denied coverage under your insurance policy.
• Making A Claim Under Your Policy. Even if the other driver claims he/she has insurance, you may discover once you file your claim that his/her insurance policy has been cancelled, or that he/she has insufficient coverage to provide you with the full compensation you deserve. If you reported the crash to your insurance company, you can file a claim for benefits under your underinsured or uninsured insurance coverage—if you purchased this type of insurance.

• Seek Immediate Medical Attention If You Are Injured Or Think You May Be Injured

There Are Legal (And, Potentially, Medical) Consequences If You Are Injured, & You Fail To Seek Treatment Within Fourteen (14) Days After The Accident

Reason #1 Not to Delay Post-Accident Care: Your Health

Taking care of your health is paramount. If you are visibly hurt, experiencing any discomfort, pain, or strange sensations, or believe you are injured in any way, call 911 or visit an urgent care center or a hospital emergency room immediately after the accident. You could be injured and not realize it. Sometimes injuries take some time to become apparent. Pain and symptoms resulting from car accidents can show themselves three weeks or three months after the accident—sometimes even longer. Other times, what appears to be a minor injury later reveals itself as a more serious injury. That frequently happens after a car accident. For example, mild to moderate back pain may actually be caused by permanently herniated discs resulting from the accident. If you do not seek medical care immediately, you may hurt your health.

People involved in minor accidents, fender benders, and even serious accidents, assume they’re not in need of medical attention if their injuries aren’t obvious. They believe that if they cannot see an injury, find a laceration, or see blood, and they feel fine, then they’re actually physically fine. However, it may be a mistake to assume that. There might be more going on than meets the eye. Just because you can’t see an injury doesn’t mean it’s not there. Internal bleeding, herniated discs, injured organs, and other internal injuries can occur, even after a minor car accident. Assuming that you are fine can be dangerous, because the injuries you sustain can get worse if left untreated.

One of the biggest mistakes that car accident injury victims make is assuming anything they feel is due to stress. After all, it’s not easy to have your entire world suddenly turned upside down, forcing you to deal with insurance companies, police reports, and car repairs. It’s enough to cause anyone to feel run down and unwell. However, accident-related stress may not be the cause of the headache. While in most cases, a headache is not a symptom of an acute problem, there are those cases where the headache is a symptom of a concussion, bleed to the brain, or other life-threatening problem. You don’t know whether you’ll have the misfortune of being among the small number of cases involving an acute injury that is not readily apparent to the naked eye. That is why it’s always a good idea to be checked by a qualified healthcare professional shortly¬—within 3 days or so — after any car or other auto accident.

Reason #2 Not to Delay Post-Accident Care:

Your PIP Benefits Will Be Denied, Under Florida Law

Section 627.736(1)(a), Florida Statutes, states that if you don’t seek medical care within fourteen (14) days of the accident, you will be denied valuable Personal Injury Protection (PIP) benefits. Personal Injury Protection (PIP) coverage operates like health insurance. After an accident— if you seek care within 14 days— PIP will pay for 80 percent of all necessary and reasonable medical expenses, including the following:

• ambulance;
• hospital;
• x-rays;
• medical treatment;
• surgical treatment;
• nursing services
• dental care; and
• rehabilitative services, including prosthetic devices;

PIP will also pay for 60 percent of your lost wages, if you choose to use some or all of your PIP benefits to cover that loss.

Again, Florida law states that if you fail to seek treatment within fourteen (14) days after the accident, you will be ineligible to receive PIP benefits. That, in and of itself, is a good reason to seek medical attention very shortly after being in an accident.

Reason #3 Not to Delay Post-Accident Medical Care: The Insurance Company Will Argue That You Delayed Seeking Treatment Because You Really Weren’t Injured

Insurance companies always look at how long after a car accident it took you to be evaluated and treated for injuries you claim were caused or worsened by the accident. They will look for that date in your medical records. If the accident caused you injuries, and you delay seeking treatment for a substantial period of time thereafter, the insurance company evaluating your claim for damages will be much more skeptical about the legitimacy of your injuries. That will make it more difficult to resolve your claim or case. The insurer or defense lawyer fighting your claim will argue that a reasonable person suffering any type of significant and persistent injury, pain, or discomfort from an auto accident would seek a medical evaluation shortly after that accident. Because you did not seek medical care shortly after the accident, there will be no documented proof in your medical records that you, in fact, complained of injury in the immediate aftermath of the accident. You can avoid this problem by getting any injuries caused by the accident medically checked out shortly thereafter.

Permanent injuries sometimes take days—or even weeks—to appear. If you wait too long after the accident to be examined by a healthcare provider, it may be difficult to trace the injury back to the car accident. You will have a difficult time proving that the car accident caused the injuries. If you can’t trace the injuries back (proved that the accident caused the injuries, or aggravated a pre-existing condition), then you will not be compensated for your injuries. That’s one important (medical-legal) reason why it is important to be examined shortly after a car accident. Even if the full scope of your injuries is not evident at the time you are examined, there will at least be a medical record officially establishing that you were in a car accident, and complained of symptoms to a healthcare provider shortly thereafter.

After A Car Accident, You Should Not Do These Things:

• Do Not Discuss Your Case with Third Parties

Do not talk about your case or your injuries, or give written or recorded statements to any third party, unless we say it’s okay to do so. This includes the person responsible for your injuries, investigators hired by the insurance companies, and anyone else trying to elicit statements or pry information from you. Insurance companies and their lawyers may very well seek statements from your friends about your injuries. Be careful what you say to others about the accident and your condition.

• Do Not Comment On Any Aspect of Your Case On Social Media (Facebook, Instagram, Twitter, etc.)

Be careful what you post on social media while your personal injury claim— or lawsuit— is pending. Insurance companies, and the lawyers they hire to fight your lawsuit, will often monitor Facebook, Instagram, Snapchat, and other sites, in order to find ways to deny or reduce your claim for injuries. They will look for posts, photos, comments, and anything else they can use against you. For example, if you claim you are injured, and —after your injury— you post photos of yourself running, hiking, etc., then your posting(s) will likely be used against you, even if you subsequently delete them. As a matter of fact, if your case is in the lawsuit stage, and you have deleted those kinds of posts, the insurance company lawyer will likely argue to the judge that those posts were valuable evidence that you destroyed. That will create more problems for your case. An insurance company can distort even the most innocent posting in order to try to reduce or deny your personal injury claim.  So, the solution is not to make those kinds of posts in the first place. It’s best to avoid creating a problem, than having to try to explain away or fix the problem. So, be careful what you post.

• Do Not Speak With An Insurance Company Adjuster or Sign Any Document Before You Consult A Personal Injury Lawyer

(Although You Should Report The Claim To The Insurance Companies Shortly After The Accident)

You should promptly report the accident to the insurance companies involved, but only give the basic facts.  Sometime after that, you will receive a telephone call from one or more insurance adjusters requesting that you give a statement about the accident. Do not do it until you have consulted with The Law Offices of Andrea McMillan. Insurance adjusters often ask confusing, misleading, or otherwise inappropriate questions designed to trap an unsuspecting injury victim into actions or statements that ultimately reduce or destroy that person’s personal injury claim. You may not be legally obligated to give the statement, depending upon which insurance company is seeking it. We will advise you if you are obligated to give it. If you are obligated to give a statement, then let us explain to you, what the insurance company hopes to accomplish in taking the statement from you. Insurance companies–even your own– have an interest in paying out nothing or as little as possible to injured people. Don’t damage your case by giving the insurance company a statement harmful to you, or by signing an insurance document that harms you. An insurance company will often attempt to quickly settle your claim for injuries for the lowest amount possible, and will induce you to sign a release stating that you will not pursue any further compensation. DO NOT DO IT! It is best to have an experienced personal injury lawyer like Andrea McMillan explain to you how insurance companies operate, and what’s really going on. Andrea McMillan will prepare you to give a statement, review documents presented to you for signature, and help you every step of the way.

Call the Law Offices of Andrea McMillan at (561) 612-5700.

·      Your Consultation With Us Is Always Free.

·      You Can Hire Us To Help You, Without Paying Us Any Money Up Front.

·      If We Don’t Recover Money For You, You Owe Us Nothing

Contact Palm Beach County Car Accident Injury Lawyer Andrea McMillan, at the Law Offices of Andrea McMillan, for Help

Andrea McMillan is a caring car accident injury lawyer. She is the right combination of tough advocate when fighting for a client, and caring, empathetic, counselor, and friend to each client. She has personally dealt with many of the problems and complications that often flow from a car accident. She has lived through the stress that an injured person and his/her family members can suffer, and understands injuries—big, small, and in-between. She will give you the personal attention that you deserve–and won’t get–at most other law firms.

If you were injured in a car accident or other auto accident, call The Law Offices of Andrea D. McMillan today at (561) 612-5700.  Don’t delay. We will be by your side, guiding you every step of the way.