Should You Tell Your Insurance About Your Injuries?
Vehicular accidents range from the catastrophic to the mildly irritating. Some cause irreversible harm, while others are mere “fender benders” of little consequence. No matter the severity, you must handle the aftermath wisely to maximize any potential insurance claim or accident-related lawsuit recovery. To that end, we, the team of Silverthorne Attorneys, are here to break down:
- What to do at the scene of a car accident
- What to say and not say to insurers in the aftermath of a vehicular collision or potentially criminal traffic event
- How your statements can impact car accident legalities and allowable damages
The Accident: How To Behave at the Scene
Before we dive into the ins and outs of car and truck accident legalities, let’s discuss the ideal way to behave in the immediate aftermath of a collision.
Do Your Best To Notice and Remember Details
After a vehicular accident, if you are able, focus on remembering key details. Significant injuries may prevent this, but commit as much as you can to memory. From which direction did the other vehicle approach? Did the other party say anything? Are there any witnesses? Did you hear anything out of the ordinary? Try to notice as much as possible, but say very little. If law enforcement is present, cooperate, but only say what you must. It’s a fine line to walk, as you don’t want to come across as uncooperative or difficult. However, there’s nothing wrong with being unfailingly polite and quiet. When you do answer a question, use “sir” and “ma’am,” don’t curse, and refrain from shouting or blaming.
What Should You Avoid Saying at the Scene of the Accident?
In the wake of a collision, adrenaline is sky high, and you may be disoriented, making it easy to say something inaccurate or self-sabotaging. As a general rule, avoid saying anything that could be construed as an admission of negligence or guilt. Moreover, do your best not to make any claims that could be used to discredit future injury claims. Common outbursts to avoid at all costs include:
- It was my fault!
- I’m so sorry!
- Don’t worry. I’m fine.
- I didn’t mean to do it.
- I’m not hurt.
- I’m pretty sure nothing is wrong.
- Please don’t call the cops! I’ll pay for everything.
- I didn’t see them!
- I’ll cover the deductible.
- I didn’t see the stop sign.
- I’m just a little shaken up. I’ll be fine.
- They came out of nowhere!
- I don’t need to see a doctor.
- I was in a rush!
- I didn’t think you would stop that fast!
- I was distracted.
- I’m having a terrible day.
Additionally, don’t speculate, admit to using a phone, or give speed estimations for you or the other party. Stick to the facts. Also, refrain from providing formal statements until you’ve spoken with an attorney, documented your recollections, and properly researched the next steps. You can’t take weeks, but if you need a day or two, take it. That said, some insurance policies require notification within a certain time frame, usually 24 to 72 hours. So be mindful of your timeframe and don’t delay.
Documenting the Accident
The accident happened; you did your best to notice and remember the details, and now it’s time to document the event.
What Information Should You Collect at the Scene of the Accident?
As we mentioned above, gathering as much information at the accident scene can be vital. Helpful documentation includes:
- Photos from several angles of the scene, related damage, road conditions, traffic signs, injuries, and anything else that may prove useful
- Notes about what the other party and witnesses said
- Notes about the weather and visibility
- The exact time of the incident
- Name and insurance information of the other involved party or parties
Immediately write down everything you recall about the accident. Acting quickly will help ensure your notes are accurate and comprehensive.
What Should You Do if the Other Party is Hostile?
The most important thing is your and others’ safety at the scene. If someone involved in the accident is hostile, try to put yourself in a safe spot. Can you get back into your car? Is there someone safe you can stand near? If anyone brandishes a weapon or you feel threatened, do not hesitate — call law enforcement right away. Prompt action could protect yourself and others.
What Should You Do if the Other Party Drives Off?
It happens more often than you think. An accident occurs. The at-fault party then speeds away from the scene. In the past, tracking down hit-and-run drivers was hard. Now, cameras are everywhere. In 65% of serious injury cases, the drivers are found. Try your best to remember the license plate, make, model, and any unique features of the vehicle.
Deciding Whom To Inform First
After an accident, things are chaotic. Deciding who to contact first can be confusing. Let’s go over a few options.
Seeking Medical Attention
Again, prioritize your health above all else. If you’re injured, seek medical attention immediately.
Even if you don’t feel bad, it’s best to get checked out within 24 hours. Remember, not all injuries are immediately evident. Medical professionals know what to check to ensure you’re in good shape.
An at-fault insurer may request that you visit “their” doctor. Some will even make it sound like you must. The reason is that their doctors often focus on pre-existing conditions. They tend to minimize accident-related injuries in their reports. The insurer’s goal is to pay out as little as possible. If they can blame ailments on past conditions, their liability diminishes.
When meeting your preferred medical professional, describe all your symptoms thoroughly, regardless of severity. It is also important to follow all treatment recommendations, as failing to do so may weaken your position.
The goal is to create a solid link between the accident and your injuries. For evidentiary purposes, keep precise records of all medical visits and expenses. Also, keep a log of how your injuries affect daily life.
Should You Contact the Police?
If the accident attracts attention from passersby, cops will arrive. Otherwise, it’s the responsibility of someone at the scene to call. So, should you call the police after a minor accident? Unfortunately, there’s no hard-and-fast rule. Whether to contact the cops at the scene of an accident depends on the situation. If criminality is involved, call the cops as soon as possible. If not, you have a choice. The decision is ultimately yours and the other party’s. Contacting law enforcement can be helpful. They’ll submit a formal report of the incident, which could work in your favor if the other party is 100% at fault. If, however, the incident was truly inconsequential, it may not be necessary.
Should You Contact Your Insurance Agency?
Contacting your insurance agency often isn’t optional; your policy likely requires it. Since auto insurance is a contract, both sides are bound to specific obligations. Nearly all auto insurance policies include notification clauses that usually outline:
- Reporting Timeframe: Most agreements require policyholders to report accidents between 24 and 72 hours after the accident.
- Incident Type: Some policies specify which incidents require reporting. For example, a tap with no damage may not need to be reported. Check your policy details.
- Required Information: Notification policies typically include language about specific information you must provide about the accident.
- Cooperative Expectations: Often, auto insurance contracts spell out the amount of cooperation required of the policyholder during the investigation process.
Think of your insurance agency as both an advocate and adversary — a “frenemy,” if you will. Yes, they’ll show up and perform due diligence. But never forget that their financial bottom line is at stake. Unfortunately, that means agents and investigators are trained to look for ways to deflect responsibility. Withholding information from your insurer can hurt you. Your policy may cover medical expenses no matter who’s at fault, but failing to report accurately could void coverage. Quick reporting also helps your insurer defend your case against the other party.
Avoid Saying These Things to Insurance Companies?
We’ve discussed what not to say at the scene of the accident, and the same rules apply here. Do not utter a word that could be twisted, misconstrued, and ultimately cost you the settlement you deserve. Always protect yourself: refuse any recorded statement until you have consulted an attorney. Take charge of your claim by seeking professional advice first. Most insurers contact you within hours or days after an accident. They do this on purpose, knowing that:
- You likely haven’t yet had a comprehensive medical examination.
- There’s a strong possibility you’ll say something like, “I’m fine,” out of politeness.
- Your symptoms probably haven’t fully developed.
- You likely haven’t had the opportunity to find a car accident attorney.
Remember to get claim numbers from your insurer and the other party. Having both allows your lawyer to obtain pertinent information faster, which can make or break a case. Another thing to understand is that insurance companies monitor social media. Do your posts match your story? If not, you may land on the losing side of a claim. Insurers may even talk to your neighbors and co-workers to collect any and all information that could be used to lower their payout.
Should You Contact a Car Accident Attorney?
Yes. After a vehicular accident, it’s always best to enlist an attorney. Many people assume they can’t afford one, but oftentimes, it doesn’t cost the victim a dime, as insurance agencies can be ordered to pay legal bills. Ideally, don’t give statements until you have spoken with an attorney. Lawyers can best protect your rights and guide negotiations to your benefit. Again, insurance agencies are in the business of making money and have teams of investigators and adjusters to protect their bottom lines. They know the laws inside and out, making it difficult for people without representation to get a fair deal. A car accident lawyer understands auto insurance policies and the tactics insurance companies use to spend as little as possible on claims. They have relevant case law knowledge, which helps ensure you walk away with the best possible settlement. Moreover, attorneys can spot when insurers are acting in bad faith, whereas someone without experience may not.
What Types of Damages Can You Request in a Car Accident Lawsuit?
If the legal bar is met, car accident victims can be compensated for myriad expenses and conditions, including:
- Medical Expenses: Hospital treatment, medical equipment, surgeries, lab tests, ongoing physical therapy, prescription medications, future care for long-term ailments and injuries
- Lost Earnings: Current and future loss of earning potential related to the injury, wages sacrificed while recovering and unable to work, lost retirement funds, benefits, and sometimes even vacation days
- Transportation and Home Upgrades: Installing ramps, outfitting a vehicle with accessibility features, and rental car expenses
- Property Damage: Cost to either repair or replace the vehicle, price of assets damaged while inside the vehicle at the time of the collision
- Reasonable Out-of-Pocket Costs: Childcare or yard care costs you must now pay due to accident-related inability
- Discomfort and Physical Pain: Monetary compensation for the ongoing physical pain you may suffer as a result of the accident
- Emotional Distress: Development of PTSD, anxiety, depression, or another mental health ailment caused by the accident trauma
- Permanent Disfigurement: Scarring, loss of bodily function, loss of limbs
In rare cases, people can also secure damages for “loss of enjoyment of life.” For example, if an individual has a hobby or lifestyle that quantifiably improves their livelihood, and the accident caused a condition or injury that prohibits them from taking part in said activity, it’s possible to be compensated for the loss. Similarly, if a marriage or established relationship crumbles as a direct result of the event, damages may be granted for “loss of consortium.”
Remember, however, that a claim is worthless if you can’t provide evidence or reasonably link the damages to the accident.
How Can Oversharing with an Insurance Agency Hurt Car Accident Legal Claims?
We’ve established that contacting your insurer after a truck or car accident is important, and in most cases, mandatory. However, oversharing can undermine your chances of a favorable outcome. Saying the wrong thing could result in a low-ball settlement offer that you won’t be able to escape. Moreover, saying “I’m fine” could turn out to be inaccurate, yet they’ll still use it against you and may even bring in a medical expert to support their side.
Speak With an Accident Lawyer at Silverthorne Attorneys
If you or a loved one has been in a car accident and wants to know your legal options, contact us today. We’ve helped hundreds of clients secure the settlements they deserved.