Upon being injured in a car accident, the scene is going to quickly become an active site. The vehicles involved in the crash will be at the scene, and police and paramedics will be arriving in short order. Given the fact that you were injured, your focus and memory might be challenged. It’s important that your recollection of events be accurate in case you’re called upon in the future to describe what happened. Coming straight from a Los Angeles car accident lawyer, here are some things that you can do after an accident for purposes of protecting your rights and providing an accurate version of events.
Remain at the Scene
The general rule is that the law requires you to remain at the scene of the crash. The last thing that you want in an accident that wasn’t your fault is to be charged with leaving the scene of an accident. You have a legal duty to provide contact and insurance information to the police. If possible, be prepared to produce your driver’s license, registration and proof of insurance.
Call 911
You’ll need police to come to the scene. Because you’ve been injured, let the 911 operator know that paramedics should be dispatched too. The investigating officer will interview the drivers and witnesses. Get his or her name and badge number if possible. That officer will compile a written accident report that everybody involved in the accident will rely on. You can obtain a copy of the report at the police station a few days later at a nominal charge. All car injury law firms in the country will tell you that under no circumstances should be talked out of calling the police. The person who caused the crash might have reasons for not wanting any police contact.
Don’t Discuss Fault
You can expect that everybody who was involved in the accident is going to be in the same emotional state as you. Don’t discuss fault, and don’t apologize, even if you might have been partially at fault for the crash. That could be interpreted to be an admission that you caused the accident. Tell the investigating officer what happened. He or she will make their own determination of who caused the accident. Sometimes, people even admit fault to the investigating officer. If indeed somebody does admit fault, the investigating officer will note that in their accident report.
Noting the Events
When you get home, make a written outline of what happened in the crash. This will help you refresh your recollection when you’re called upon to discuss the crash in the future.
The Emergency Room
After being injured in an accident, get to an emergency room right away for evaluation, care and treatment. Follow up with any instructions after you leave there. Either see your own doctor a few days after that, or see the orthopedist or neurologist that the emergency room personnel referred you to. Always be present at your medical or rehab appointments. Don’t create gaps in treatment or miss appointments. Those will be used against you by the other insurer to try and raise questions about malingering.
Contact Your Insurer
Your insurance policy is a contract, and it calls upon you to give your insurance company timely notice of being involved in an accident. Your insurance card will have a toll free number on it for purposes of reporting the crash. Make that call as soon as you possibly can, and note the date and time of that call. Confirm your accident and call with a letter. Calling your insurer right away is also going to help you get your claim processed sooner. Part of that contract of insurance requires you to cooperate with your insurer. Provide your insurer with any information that it needs. Any statement that you give it about how the accident happened is a privileged communication. Nobody else who was involved in the accident is allowed to receive the contents of that communication.
The Opposing Insurer
A representative of the insurer of the person who caused your accident might be calling you within days "just to see how you’re doing now." Don’t believe any of that. The actual purpose of that phone call is to obtain information about the accident and obtain a recorded statement from you, "just for purposes of firming up liability." The opposing insurer knows that it’s probably going to be paying out money for the damages that you suffered in the accident. With that phone call and any statement that you might give, it’s starting to build its defense of your claim against its insured person. The law doesn’t require you to give an opposing insurer any type of a statement. Your words will only be used against you in the future. Politely refuse to give any type of a statement. Then, contact a car accident personal injury lawyer from our office to arrange for a free consultation and case review.
Social Media
As soon as a personal injury claim is made, the opposing insurer will search you out and follow you on any social media that you might have an account for. Never mention your accident, physical condition or treatment on social media. Don’t post any photos of yourself at all either during the pendency of your claim.
There are many law firms in and around Los Angeles that hold themselves out as car injury law firms. You’ll want a respected, experienced and effective Los Angeles car accident lawyer working on your behalf. After being injured in an accident that was caused by the carelessness and negligence of another driver, take an immediate step in the right direction by contacting us for that free consultation and case review. A car accident personal injury lawyer from our office is going to listen to your side of the story and answer your questions. After that, you’ll be advised on all of your legal options. Don’t talk to that other insurer. Contact us right away after being injured in any accident.
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