Being involved in an accident is bad enough, but dealing with the negligent driver’s insurance company can add insult to injury because they take advantage of your lack of experience in such matters.
To protect yourself, there are a few things you need to know about what to do at the accident scene. You will also need to understand how the other driver’s insurance adjuster will approach your claim.
The Accident Scene
Always call the Police.
Even though the party responsible for the accident apologizes and offers to pay for the damage, always call the police to the scene.
Some benefits of a police investigation:
1. There will be an official report of the facts of the accident and a diagram of the scene.
2. The accident report will contain the names and addresses of all persons involved, including witnesses.
3. You will obtain the other driver’s insurance information.
4. The police officer may be a witness to any admission of fault made by the negligent driver.
Witnesses
Locating witnesses is important. If you are able, get each witness’s name, home address, business address, and phone numbers while you are still at the scene. Even though the police officer may get these names as well, it may be some time before his report becomes available to you.
If you are seriously injured, a good investigator is a wise investment.
All witnesses should be interviewed by a professional investigator, as soon as possible, before memories fade or the insurance company’s investigator has a chance to influence the witness’s version of the accident.
Witnesses are usually candid about what they observed, however, a well trained insurance investigator can influence a witness’s answer through a well crafted question.
Towing Away The Vehicle
The company that is selected to tow your vehicle away from the scene is important. If the police have the vehicle towed, make sure its taken to your repair shop and not to a tow yard, because the average tow company will charge you for every day the vehicle sits at their tow yard.
Photographs
If you have the opportunity to take photos of your vehicle and the other vehicles involved, take them. As the saying goes, “a picture is worth a thousand words,” and a picture taken at the scene may be worth much more.
Reporting the Accident
The responsible driver may or may not report the accident to his insurance company. If he doesn’t then you should.
Preparing to Settle Property Damage
If you suspect that your vehicle is a total loss (vehicle is not repairable or the cost of repair exceeds the replacement cost), contact several dealerships that sell your brand of vehicle and ask them for a letter stating the sales price of that make and model with similar mileage and similar condition.
If your vehicle is damaged and repairable, contact several dealerships for an estimate for the cost of the repair.
You will then have the ability to negotiate a settlement with the insurance company of your property damage only.
You may also be entitled to an amount for “loss of use” of the vehicle from the time of the accident until the time your vehicle is repaired or the time you receive payment for the totaled vehicle.
Get to a Physician
After an accident you may feel sore, but don’t believe you are seriously injured. Be aware that it sometimes takes days or perhaps weeks before serious injuries are apparent. It is always a good idea to visit your physician as soon as you can get an appointment. If you are unable to get an appointment within a day or two, then get to an emergency room for an examination.
The Insurance Adjuster
This is where things can get frustrating. Remember, you are not being singled out, it’s just how “they” do business.
It is not uncommon for insurance adjusters to engage in the following tactics:
1. Not returning your phone calls.
2. Delays in processing your claim.
3. Requiring you to sign authorizations permitting them to get all your medical records, even if the records have nothing to do with the injuries you received in the accident.
4. Requiring you to be examined by the insurance company doctor, before you finish treating with your own doctors.
First, let me say that, you can’t eliminate the frustration of the unreturned pone calls or delays in processing your claim. However, as to the other tactics, you are not bound by the insurance adjuster’s demands.
Releasing Your Medical Records
Don’t sign any authorizations for release of medical information for the other driver’s insurance company. The physician-patient relationship is private and there is legal duty that a physician not disclose any of your medical information without your permission.
There may be personal and confidential information contained within your medical records which may be unrelated to the injuries you suffered in the accident.
A better way to provide relevant medical information to the insurance adjuster is for you to obtain a copy of your medical records from your treating physician, for the visits pertaining to the accident.
You can then provide a copy of those records to the insurance company, along with a letter instructing them that you are not releasing any of your medical records which do not pertain to the accident. You should also write that you are giving them the specific records for the limited purpose of settling your claim.
Before sending the insurance company a copy of your medical records, read the records yourself to make sure they don’t contain any non-relevant, personal information.
The Insurance Doctor
Insurance companies have “their” own doctors and may ask you to submit to a physical examination. It is not uncommon for the insurance company doctor, after they “examine” you, to say that you are fine and that any further care is unnecessary.
You should rely on your own physician’s opinion on your condition and on any future care you may need.
Don’t agree to an “insurance” company doctor examination as long as you are under the care of your own physicians.
Some attorneys believe that you should never agree to an insurance company physician examination unless ordered to through legal proceedings.
Our next article will discuss bus accidents.
