In East Contra Costa Country, hundreds of people are involved in vehicle accidents each year and are forced to deal with a variety of consequences.
Most of the time car accidents are caused where a vehicle comes out of nowhere and is unexpected. People are left shocked, stunned, and a little more than shaken. As hard as it may be, one should try to remain level headed and keep emotions in check to safeguard the process of what should occur next to ensure its less complicated when dealing with insurance companies, a lawsuit, or even jail time.
Our friends at Boeger Law Firm in Brentwood have provided public awareness of what to do immediately following an accident in hopes it may help you move through the process and protect yourself.
AT THE SCENE
- Get medical care if you need it. If you are uncertain of your medical condition, go to the hospital. Shock, fear, embarrassment and worry over the cost keeps many away from the emergency room. Not only could you have a serious injury that goes undiagnosed because you avoided care, you have no documentation that the injury is caused by the car collision if you discover the injury months later.This is especially true with head injuries. Dizziness and nausea which can be mistaken for simple nervousness can be a very severe concussion.
- If you can, get the police to the scene to make a report. The other driver may admit liability to you now but after he or she gets home and thinks it over, tell a very different story to their insurance company or to the police.
- Photograph the scene if you safely can. Modern phones have good cameras. Take photos showing how both cars are oriented relative to the street. Take photos of the damage and those involved.
- Get witness information. Do not assume witnesses will stick around and talk to the police. Get their name, address and phone number. If nothing else, photo their license plate. Their testimony could be crucial later on.
- Exchange information with the other driver. Better yet, take photos of driver’s license information and insurance cards. Photo the other driver if they will let you. If they are hostile, stay in your car, call police and photo their license plate if you can.
AFTER YOU GET HOME
- Get the medical care you need. I have covered this twice for a reason. Too many people think they can tough it out. Most folks just want their car fixed and then to get back to work. If you are hurt go see a doctor. Many go into a state of denial because they can’t afford to miss time from work and then they suffer for months, refusing to admit an injury. When they finally can’t take the pain any more, they go to the doctor only to find out their injury is more serious than they thought and will require months more of therapy or even surgery. When they find out how much the injury will cost them in medical bills and lost time from work they call me. They are then surprised when I tell them their claim is either damaged or destroyed by their delay in obtaining medical care. Do not let that happen to you.
Remember, a claimant has the burden to prove that all claimed injuries are, in fact, caused by the auto accident. Your physician will be hesitant to write a report or testify that a motor vehicle accident six months ago is the cause of your current complaints if there is no interim medical care to document your complaints just after the accident happened. The defense will claim that if you had really injured yourself as seriously as you claim, you would have gone to the doctor immediately to obtain care. Follow your doctor’s advice on follow-up care. Stopping care early both prolongs your recovery and helps the insurance company defeat your claim.
- Damage to your car. If you have collision coverage you are probably better off having your property damage repaired by your own insurance carrier because they need to keep your business and they have to insure the car in the future so, they have at least some incentive to do a good job. Your carrier also knows that once they pay for repairs they can get reimbursed by the at fault carrier through the process of subrogation. If the accident wasn’t your fault it won’t count against you as an at-fault claim on your insurance. If you have the at-fault carrier fix the car they have every incentive to cut every corner they can in repairs. By cutting corners it saves the carrier money on repair costs and helps them defeat your injury claim.
- Ask your body shop to keep all parts they replace and to photograph the tear-down of your bumper so you can prove the accident caused real damage. Always ask the repair shops for any supplemental repair estimates and the parts from the supplemental estimate.
Written by Craig M. Boeger
For more than 20-years, Craig M. Boeger has been a personal injury attorney and has helped thousands of clients in need. Boeger Law Firm is located in Brentwood California and practices in the following areas:
- Auto Accidents
- Bicycle Accidents
- Boating and Watercraft Accidents
- Catastrophic Injury
- Dog Attacks
- Drunken Driving Accidents
- Head Injuries
- Motorcycle Accidents
- Pedestrian Accidents
- Unlicensed Contractors
- Wrongful Deaths
For more information about Boeger Law firm, please visit www.boegerlawfirm.com or contact them at (925) 240-2408. Consultations are free and can occur either in his office or in the comfort of your own home.
