What To Do (And Not Do) If You Have Been Injured in a Car Collision.
NOTHING IN THIS ARTICLE SHOULD BE CONSTRUED AS LEGAL ADVICE AND THE READER SHOULD NOT RELY ON THE STATEMENTS CONTAINED HEREIN.
If you have been injured in a car accident due to the fault of another driver, there are a number of things you can do to ensure that you receive the compensation that you are entitled to. Dealing with insurance companies can be a daunting experience and one you will want to be well-prepared for. Below is a list of some of the most important things to do, and to consider, throughout the process.
Call Law 911. The operator will send law enforcement to document the occurrence of the collision and more importantly will send an ambulance, if one is needed.
Get Medical Treatment. If you are experiencing symptoms as the result of a car accident, you should get medical attention immediately. Often times, symptoms of an injury may be subtle aches and pains, dizziness, lightheadedness, or feelings anxiety or exhaustion. Although subtle, these symptoms could be indicia of a significant underlying injury. For more subtle symptoms, it is common to push them off and hope they will go away. This can cause a delay in seeking treatment and a gap between the accident and medical care. This gap, or delay, allows the insurance company to question the validity of your injuries and whether you were in fact hurt as a result of the accident. Therefore, do not deny medical treatment if you are feeling as though you may have been injured, and always seek out care as soon as you are able.
Be Specific. When receiving initial medical treatment following an accident, it is important to describe your injuries thoroughly and in detail. Make sure you tell your medical provider about any part of your body that you feel was affected by the accident. The medical providers should be documenting your complaints in their medical records, which are an important piece of information relied upon by the insurance companies when they evaluate your injury claim. Injuries or symptoms that are not reflected in the initial treatment notes or reports are often disputed by the insurance company later on.
Be Your own Medical Advocate. You must be an advocate for yourself and your health in the process of treating for your injuries. As such, make sure you receive the necessary x-rays, MRIs, scans and other diagnostic tests that will allow your medical providers to diagnose your injuries and rule out others. Do not let reluctant doctors talk you out of, or delay, the appropriate tests. The closer in time that injuries are diagnosed following an accident, the easier it is to establish that they were caused by the accident.
Notify Your Insurance Company of the Accident, But Don’t Provide a Recorded Statement at That Time. Notify your insurance company that the accident has occurred; however, in doing so you should also let the insurance company know that you are not consenting to provide a recorded statement at that time, or willing to discuss the details of the accident or your injuries, until you have consulted with an attorney. Do not let the insurance adjuster to pressure you into providing a statement by telling you that you will be violation of your insurance policy if you refuse to comply with their request for a statement prior to consulting with counsel. This is not the case. Your priority after the accident is ensuring that you and your passengers are receiving the medical treatment you need.
Nevertheless, after an accident you will be contacted by agents from all of the insurance companies involved, including your own, asking for you to provide information by way of a recorded statement. During these recorded statements the insurance adjuster will often times misstate your answers and get you to agree with their rephrasing of it; they will try and dive into areas of your health that they are not entitled to; they will also solicit statements from you that will show that you contributed to the collision or your injuries. There are many other tactics that adjusters employ during these recorded statements, and they will use these recorded statements against you. Remember: the adjuster works for the insurance company, not you. The less money they compensate you for your injuries, the more money that they save their employer.
Do Not Sign a HIPAA Authorization or General Medical Records Release for the Insurance Companies. You may be asked by the insurance companies involved to sign a HIPAA authorization and release entitling it to obtain all of your medical records from doctors who have treated you over the course of your life. You should not provide this general release to an insurance company. The insurance company is not entitled to all records pertaining to your entire medical history. Your medical history is confidential, and only the medical history put in issue by the accident is relevant. Your attorney will have you sign a HIPAA authorization and release that they will use to obtain the records. Only those records that are relevant to your claim will then be provided to the insurance company.
Maintain a Chronology and Records. It is a good idea to keep records and a diary following an accident recording the details of the pain and symptoms associated with your injury, photos of injuries, the medical providers you received treatment from, any time missed from work and any out-of-pocket expenses for co-pays and prescriptions. Personal injury claims, even pre-litigation (i.e., before the court is involved), can take months to finalize. A diary system will help you keep track of information that is important to your case.
Attend Your Medical Appointments. It is important to follow through with all prescribed medical treatment and physical therapy following an injury accident. Physical therapy and subsequent medical appointments can be time consuming and burdensome, but they are necessary to help you recover from your injuries.
Failure to comply with recommended treatment allows the insurance companies to argue that you were not injured, or as injured, as you have claimed. They will also argue that you contributed to your pain and suffering for not treating your injuries. This argument provides them with a basis to try to reduce the recovery that you are entitled to. Do not give the insurance companies any way to attack your injury claim.
Do Not Sign a Settlement or Release of Your Claim with the Insurance Company. The insurance companies may reach out to you with an offer to settle or resolve your claim for a monetary sum. In exchange for their payment, they will ask you to sign a release of all further liability arising from the accident. Often times, the settlement being offered is less than what you may be entitled to. It is therefore always recommended that you consult with legal counsel before signing away any further rights to recovery arising from the accident to be sure you are receiving what you are entitled to. Keep in mind that the health insurance company that paid for your treatment may be entitled to money from your settlement. If that is the case, you will need to ensure that your recovery is sufficient to satisfy any such obligations.
Get Legal Advice. It is important to consult with an experienced personal injury attorney as soon as possible following a car accident. An attorney will be able to assist and guide you through the process and, unlike the insurance company, will have your best interests in mind. Studies and surveys show that individuals who are represented by attorneys receive 2-3 times more compensation than individuals who are unrepresented. Even though part of your settlement will be paid to your attorney representing you, the amount you recover will likely be substantially higher than if you take on the insurance company yourself. In other words, experienced attorneys, like those at The Rabb Law Firm, will pay for themselves.