Practical Steps To Take After An Accident

Accidents are stressful and you often cannot think clearly at a time when your statements and actions will be binding. The best practical tip we can provide is to add Wilson & McIntyre to your cell phone address book before you need to call us. Pre-program our phone number into your cell phone now (757) 961-3900 so that you have a lawyer when you need one.

What To Do At The Accident Scene

Be sure that the police are called to prepare an accident report. Keep the cars where they are unless they pose a safety hazard.
Safety first. If you are on a highway and cars are passing by, stay in your vehicle until the police control the scene. Unless your vehicle is in a dangerous position where it can be hit again, fall down an embankment or be in similar peril, remain in the vehicle. Use your common sense.
If you are able to move safely, get the name and contact information from the other driver, as well as the names of any passengers in the other vehicle. Limit your communications to the bare minimum.
Get the police officer’s name and badge number. The police officers sometimes use just their initials on a report and it is difficult later to determine who investigated the accident. Ask the officer how you can get a copy of the police report when it is finished.
Get the names, addresses, phone numbers, and license plates of witnesses.
Limit your contact with the other driver. He or she typically will state afterwards that you were fine, that you showed no signs of injury, or that you admitted that the accident was your fault. Unless circumstances deem it necessary, wait for the police to arrive before interacting with the other driver.

Seek Immediate Medical Treatment

Seek treatment immediately if you are injured. Take an ambulance, or have someone transport you to either the emergency room or to your primary care physician.
Sometimes you do not know that you are injured until the adrenalin or shock wears off. Sometimes you do not have immediate symptoms, which for some injuries is typical. If you wait several days before seeking treatment the defense lawyer will imply that you only went to see a doctor because your lawyer told you to go. Be sure to take care of yourself first.
When speaking with your doctor, describe all your symptoms and where you hurt no matter how minor the problem may seem to you. The doctor’s notes are used by any competent defense lawyer to discredit your credibility if you complain of something not initially described in the doctor’s records.
Describe the accident details accurately, but do not elaborate on all the details unless the doctor asks for additional information. The doctor’s interpretation of what you described as reflected in your medical records can be used to contradict your version of the accident. The doctor may be in a hurry, may not take accurate notes, or may not remember all the details that you provided if the chart is prepared hours or days later.
Do not fabricate injuries. It will destroy your credibility if there is no medical evidence to support your complaints.

Keep Copies of Your Health Bills And Other Records Relevant To The Accident

Keep copies of your medical bills, prescriptions, and other medical costs. Your insurance records will have much of this information, but co-pays and other non-reimbursed charges can get overlooked.
If you are able, or we can, return to the accident scene and take numerous digital photographs from all angles. Conditions change quickly. Examples include either the density or absence of leaves on trees along the road, temporary construction obstacles, skid marks, accident debris like broken glass, or other relevant evidence that may not be present when the case is investigated weeks or months later as part of a civil suit.

Keep Track of Time Missed from Work, Limitations at Work and Impacts on Your Daily Activities

Keep track of time lost from work
Keep records of the number of visits made to see doctors, and note mileage, tolls paid, etc.
Keep records on how you have been affected at your job, such as working through pain or having limitations on what you can do.
Keep records describing how your injuries are affecting your interactions with family and friends, such as not taking part in normal events, being unable to pursue hobbies or interests, or other impacts on your daily life.
Again, your case will depend on your credibility, so don’t exaggerate or create a false impression.

Contact A Lawyer Before Negotiating With The Other Driver’s Insurance Company

Contact Wilson & McIntyre promptly so that we can assist you before the other insurance company begins pressuring you to release their driver in exchange for a nominal payment to you.
The other insurance company will send experienced investigators and lawyers to document the scene to their advantage. You need to do the same and we are here to help.
Do not sign any releases until you have had a lawyer look at what you are signing. Contact us if you have any questions. Sometimes you are being asked to release the other driver from liability, and sometimes you are being asked to sign a comprehensive medical release so that the other side can get your entire past medical history. While much of this information may ultimately be discoverable, there are limitations on what has to be provided and rules dictating how the information must be kept confidential.
It is recommended to talk to your lawyer before speaking to the other side’s insurance company. They usually tape the conversation and then later try to use what you said (when you were intimidated or confused) to deny or delay your payment.

The lawyers at Wilson & McIntyre know insurance company tactics because we have represented several of them for over twenty years. Put our experience to work for you. Call for a free consultation before you inadvertently do something that may compromise or release your right to recover the compensation that you deserve.