®
the
Center for Accident &
Injury Assistance
®
HURT®
the
Center for Accident &
Injury Assistance
®
WHAT TO DO WHEN YOU'RE IN AN ACCIDENT
HURT-911® Presents the following advice for accident victims:
When you're HURT in an accident, call 911, then
call 1-800-HURT-911® the Accident Assistance Line K
Stop - Failure to stop after an accident is a felony if someone is injured. Failure to stop after an accident is a misdemeanor if no one is injured and there is only property damage.
CALL 911 - Report an accident and advise if anyone is injured. Always take an ambulance to the hospital if one is called. Many people suffer very serious injuries and fail to take an ambulance because they look and think they are not injured. Many serious injuries do not show up right away.
Safety - If you're not injured, protect the scene with flares if possible. If your car is on a street with fast moving traffic, wait for the police outside of your car, off the road and on the side away from your car, just in case your car is struck by another car.
Police - Make sure a police accident report is made when the police arrive; cooperate with the police but do not make admissions or give opinions. If there are any witnesses on your behalf, get their name, address & telephone number and ask them to give a statement to the police officer. Get a Police Accident Report number.
Identification - Get the following information:
1) Names & addresses of all other drivers involved in the accident;
2) Names & addresses of all registered owners of all vehicles involved in the accident;
3) License plate numbers of all vehicles involved in the accident;
4) State of registration for all vehicles involved in the accident;
5) VIN (Vehicle Identification #) for all vehicles involved in the accident;
6) If a 2 piece truck is involved in the accident, get the license plate number, VIN & state of both the cab and the trailer.
Take notes - to help you remember all of the facts leading up to the accident.
Do Not speak to any insurance companies or sign any papers until you call an independent lawyer at 1-800-HURT-911®
CALL 1-800-HURT-911 ® or click here to Find an Attorney at HURT-911® and protect your rights, if you are injured. You should also see a doctor as soon as possible after the accident.
Motorcycle Accidents:
WHAT TO DO AFTER A BIKE ACCIDENT
You should always call a lawyer before you talk to your insurance company. Do not talk to someone else's insurance company at all. After reading this section below about a common situation for bikers, see What To Do When You're In An Accident.
Some states require that your bike actually come into contact with another vehicle for you to be able to make a claim from an Uninsured Policy. The law does not state that the contact be hard or cause damage, just that there be contact. If any mark was left on your bike or tire by the car that contacted your bike, be sure to take a picture of the mark on your bike. Although it is not necessary for the car to have left a mark, it is helpful to prove contact. The following examples illustrate the ability to collect compensation under different fact scenarios with this contact requirement.
|
Example #1 |
A car cuts you off, you swerve to avoid it, hit a pole and the car takes off. Result: You can not recover money for your injury (in those states that require contact) even if you have an Uninsured Policy, because there was no contact. |
|
Example #2 |
A car cuts you off just
brushing your front tire, you swerve, hit a pole and the car takes
off. |
|
Lesson |
If you are injured in
an accident, when you call your insurance company they are trained to
try to document that there was no contact between you and the other
vehicle... no contact to the insurance companies means saving them tens
of thousands of dollars. |
For Both Motor Vehicle AND All Other Types of Accidents:
Why should you see an attorney immediately and not wait? After an accident, there are many forms and claim notices which have short time deadlines to file, some of which may be only a number of days. Only an experienced personal injury lawyer knows how to fill out and file the forms and claim notices correctly. For instance, you may be required to file an accident report with the Department of Motor Vehicles within days of the accident, if someone is injured or if there is substantial property damage. This form will usually be sent to you by your insurance company. You should give this form to your attorney to assist you in completing it properly. Your attorney should, in every case whether needed or not, file a notice of intent to file an uninsured and underinsured claim, within 90 days (in NYS) of the date of accident. If you are injured in a No-Fault state, you must file a notice of claim and an application for No-Fault benefits with the No-Fault insurance company within 30 days (in NYS) of the date of accident (your attorney should do this for you). If a municipality may be liable for any part of your injuries, (such as improper road design or a missing sign) you must file a notice of claim with the municipality, usually, within 90 days of the date of accident (your attorney must do this for you). The insurance company for the person(s) responsible for your injuries should be immediately notified by your attorney of your claim, since failure to do so can allow the insurance company to decline coverage. Claims can always be settled for more money after a law suit is filed. Insurance companies just don't take claims seriously until they see your case moving in the court system. Only a personal injury lawyer has the knowledge necessary to know what papers to file, what must be be written on the papers filed, and how and when to file them. Additionally, only a personal injury lawyer has the knowledge necessary to put your case in suit. For all of these reasons, it is vitally important for you to call 1-800-HURT-911® to speak with an attorney as soon as possible after your accident so that your rights can be protected. Click here to Find an Attorney at HURT-911 ®
The insurance company will protect itself; What should you do to protect yourself?
Do not - speak with anyone except your own insurance company and your attorney. Call your lawyer before you speak with anyone. Oral statements are admissible evidence and can be as damaging as written statements. Refer all inquiries directly to your attorney. Do not discuss details of how the accident occurred with your doctors. Simply tell your doctors that you had a car accident or fell on stairs, etc., without discussing how the car accident happened or what caused you to fall, etc.
If you have obvious bruises or substantial damage to your car, take pictures with a 35mm camera. If you use a digital camera, be sure to also use a 35mm camera. If you do not have a 35mm camera, let your attorney know so he/she can arrange to take the pictures.
It has become common for insurance companies to hire investigators to question your neighbors and friends and to follow you for the purpose of taking pictures. Notify your attorney if you hear of any inquiries being made to your neighbors, friends or family regarding your condition.
Be sure to keep and be on time for all doctor and therapy appointments. You should know that even if you are in a lot of pain, the only way you can be entitled to receive money for your injuries is to document your injuries by seeing your doctors and therapists at the appointed time. Every time you visit a doctor, you should tell the doctor if and where you have pain, even if you have told that to your doctor many times before. Every missed doctor's and therapy appointment will damage and devalue your case. This is important because, without continuous medical treatment, your attorney will not be able to prove to a jury that your injury is serious and still causing pain. If your case does not go to trial and is settled earlier, the insurance company will offer to settle only on the basis of what they believe you could prove to a jury at trial. It is vital to your case that you let your attorney know when you are no longer being treated for your injuries.
Keep a precise record of every expense that you incur as a result of the accident and obtain receipts for all expenditures, (i.e., taxis, prescriptions, doctors, etc.). If in doubt about any particular expense, keep a record of it. Forward a copy of the receipts to your attorney. Ask your attorney about how and when to forward receipts to an insurance company for reimbursement.
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