Car Accidents

Statistics show that auto accidents result in one death every 12 minutes. Every 14 seconds, a car accident results in an injured victim. Every year, 3 million people are hurt and 2 million of those experience a personal injury.

I have personal experience of knowing what the victims of auto accidents endure both from the accident and then, unfortunately, from the insurance company. Recently, my own mother was (ironically) hit by lawyer, head on, in her lane of traffic. Despite the fact that blood from her leg was spurting on the windshield, she is still with us. The driver was insured by State Farm. My mother had several ankle surgeries from such physicians who treat race car drivers in Indianapolis. She had over $150,000 in medical bills, had several physicians recommend amputation, and had me to help her deal with State Farm.

State Farm waited until the week before the statute of limitations ran before they settled the case for the lawyer’s policy limits. My parents worked their whole lives as teachers and were fortunate enough to fight the delay game with State Farm. Most people cannot do so with lost wages mounting, medical bills coming in, etc.

If you are injured in an auto accident, the following tips may benefit your case:

WHAT TO DO:

1. Get the name, phone number, license plate number, insurance information, etc. from all driver’s involved in the accident.
2. Get pictures of the accident site, damage to the vehicle, and physical injuries. Continue to take pictures throughout your recovery process and write the date the picture was taken.
3. Get a copy of any police report.
4. Get witnesses’ names, addresses, and phone numbers. If it is in a business area, there may be people in the building that observed the wreck or what was said.
5. Get expenses. Keep records of all medical expenses and copies of all bills.
6. Get your employer to write a letter of the days of work missed, your rate of pay, overtime missed, etc. Get tax returns for the past three years.
7. Get the school to write a letter showing the number of school days missed.
8. Get all expenses spent on repairing your vehicle.

WHAT TO AVOID:

Mistake 1. Trusting the insurance company.

Do you think insurance companies pay for those big buildings and Wall Street analysts by paying you fairly or by paying you as little as possible? Insurance companies are in the business of making money. Many insurance adjusters mislead accident victims into believing they are going to help. They are not charities, or good guys, or neighbors, or some cute animal–they are concerned with one thing and one thing only–profits. They insist that victims do not need an attorney and that the insurance company will "take care of everything". They sometimes try to make a quick, nominal settlement—even promising to keep medical treatment "open" or a set amount of time. If you have suffered an injury in a car wreck, call an attorney right away. Not every case merits representation, but speaking with an attorney is often free and the best thing you can do to help yourself.

For example, if you allow an insurance adjuster to take your statement and record it, it is for the purpose of denying your claim. It is not for the purpose of helping you. They are hoping you make an error, especially legal ones which they know about and you may not know about. Sometimes they will call you within hours after the accident, because in a soft tissue injury case, they know you will not be hurting for several hours hoping you will say you are not hurt.

As one expert once said: Insurance companies can handle claims quickly or fairly, but rarely do they do both.

Mistake 2. Assuming you will be “OK.”

After a car wreck, most people call the police. You will be asked if you are injured. If it is not a severe injury, you will likely say that you will be “OK” or are not injured. The reason is that most car accident injuries are whiplash or soft tissue injuries which generally do not appear until hours after the fact.

The problem with this type of response is that you do not know. The best approach is to say that you do not know, but that you will go see your doctor. If you say you are not injured to the police, they will record your answer and the insurance company will use this against you. If the case goes to trial, the insurance company's attorney will use it against you as well.

One client thought he was “OK” and just was “stove up” and ended up having back surgery. The fact is that you don't know, because no medical professional has examined you and in the vast majority of soft tissue injury cases, you will not know if you are injured until after you consult a medical specialist. What this means is that if you suffer an accident, you are not suppose to wait around and do nothing. If you suffer an accident and know you are injured or have reason to believe you are injured, go see a medical doctor right away. The reason is that insurance companies use computer software to evaluate claims and failure to act on your injury and take precautions to minimize your pain will reduce the value of the case according to the computer software.

If you take too long and the case goes to trial, a jury may believe the injuries were caused by something else. If you take three months to undergo medical treatment, who is to know what caused the injuries you complained of? If you have huge gaps in medical treatment a jury may think you are not really hurt or are not doing what the doctor told you to do.

Mistake 3. Not following your attorney's or doctor's advice.

Your attorney and your doctor have an interest in protecting you, that is their job. Remember, you pay them for their expertise. Not every case is a million dollar case, not every ailment is related to the accident, and not every ailment requires extensive treatment.

Mistake 4. Exaggerating

Some people think they can obtain a better result by exaggerating. They exaggerate their injuries and their symptoms. What they do not know is that personal injury attorneys and medical doctors know when a person is not being straight. Often an MRI’s or discograms are done to see if the claimed severe low back injury is real. These tests are accurate which often results in a loss for the victim, because the procedure was not necessary. Sometimes people claim pre-existing medical problems on the accident, but an examination of the medical history shows there is no new injury. More often than not, exaggeration backfires and it is discovered, which results in complete loss for the victim. If you cannot return to your full duties at work or on a full time basis, you must look to returning as soon as possible or on a limited basis. You must also have a doctor's order stating you need to refrain from your work activities, and your doctor must specify the number of days you are required to take off.

Insurance companies often hire private investigators to follow you and tape record you. If you are faking, they will catch you.