If you have ever been involved in an automobile accident, especially a reasonably serious one,
you know there is a lot to deal with. You have to deal with insurance companies, getting your car fixed,
figuring out medical leave with your employer, and facing mounting medical costs — all while you
are just trying to recover from your injuries.
It can feel even more overwhelming when the other driver was at fault and you realize that doing
the wrong thing can affect your ultimate compensation. There are Do’s and Don’t’s after a car
crash, steps to take and steps to avoid, in order to maximize your chances for complete
financial recovery.
Below, we’ve compiled a few of the most important things you should and should not do after an
Oregon car accident.
Do: Go to the Doctor
One of the first things you should do after a car accident is see a doctor. If you’re seriously hurt,
wait for emergency services and accept the ambulance ride; you can worry about the cost later.
Even if you think you’re only a little bit banged up, however, or if the incident was minor, it’s still
important to see a doctor as soon as possible after an accident.
Just because you physically feel fine after a crash doesn’t mean that you actually are fine. In
fact, as soon as the adrenaline subsides, you may start to feel the pain and discomfort that was
there all along.
You may have injuries that are not apparent until hours or even days after an accident.
Whiplash, for example, is extremely common even after low-speed fender-benders, and the
pain and discomfort may not arise for some time.
Concussions can also be hard to detect, but if you experience symptoms like disorientation,
clouded thinking, difficulty concentrating or remembering things, headaches, nausea, or
dizziness, it’s important to seek medical attention.
Internal bleeding and organ damage are extremely dangerous, but you may not notice them
right away without the help of a doctor.
Beyond your health, waiting to see a doctor can impact your legal case. The defense lawyer or
insurance company may dispute your injury claims if you don’t have proof of a diagnosis right
after the crash. The sooner you get to a doctor, the better.
Don’t: Talk to the Other Driver’s Lawyer
After an accident, you’ll be contacted by any number of interested parties. You may be
contacted by law enforcement officers with follow-up questions, by your insurance provider, by
the other driver’s insurance companies, and even by other driver’s attorneys. Saying the wrong
thing to the wrong person can severely impact your legal rights.
Whether or not your policy requires you to talk to your own insurance company, you have
absolutely no obligation to talk to someone else’s lawyer. They may come across as friendly or
helpful, but their job is to get you to make admissions to help their client’s case and hurt yours.
The same goes for their insurance company (and their lawyer).
Do: Take Pictures at the Scene
Once you get your bearings after an accident, it’s time to start gathering evidence. If you might
need to hold the other driver responsible in order to get your medical bills covered and receive
other compensation, you will need proof. Thankfully, most of us carry smartphones with cameras.
Photographs and video can help you immensely with your settlement or litigation efforts. For
example, if you are attempting to settle a case, photographs may help persuade the opposing
party’s insurance adjuster that the accident was serious and the injuries severe. At trial,
photographs and video can be used as evidence to persuade a judge or jury. Sometimes, the
police may be interested.
Helpful photos include:
- Damage to the vehicles
- Your injuries
- The surrounding area (traffic lights and signs, skid marks, weather conditions, etc.)
- Traffic or security cameras
- Potential witnesses
- License and insurance info of other drivers involved
Don’t: Talk to the Insurance Companies Without Consulting Your Lawyer First
Following an accident, insurance companies need to investigate to determine who is
responsible. Even when liability is determined, insurance companies seek to determine the
degree and amount of damages suffered by the parties. This can include items such as property
damages, medical costs, lost wages, and pain and suffering.
After an accident, you’ll likely be contacted by the other driver’s insurance company. They’re out
to protect their own financial interests; they are hoping that in an interview, you will make
statements beneficial to the other driver’s version of the accident and harmful to your own.
Whether you’re planning to talk to the other driver’s insurance provider or your own, it’s
important to consult with your personal injury lawyer first. Even your own insurance company
can have a financial interest that conflicts with your best interests, especially if your uninsured
motorist coverage comes into play.
It’s also very easy to provide inaccurate information, even to your own insurance company, if
you misunderstand a question or form. The other party’s attorney may use your misstatements
against you, whether you made them to your own insurance company or theirs.
It helps to have a professional help you through this process and avoid making any costly legal
mistakes.
Your auto insurance policy likely requires you to promptly report any accident and to cooperate
with their investigation. It does not, however, require you to sit for any interviews without your
own legal representation present. Before you go through any interviews with any insurance
company, talk to a personal injury lawyer. You may want to retain an attorney to help you
through the process.
Don’t: Sign an Auto Insurance Release Form From the Other Driver
If you have been in an auto accident and you have been injured, one or more of the insurance
companies involved may send you a medical release form in the mail. The form entitles the
requesting party to access your medical records. They will suggest that they need to get your
medical records to evaluate your claim.
Medical release forms aren’t inherently suspicious; they’re meant to protect your privacy rights.
You may need to sign such a form from your own insurance provider in order to get your bills
paid.
If you were in an accident with another driver and that driver’s insurance company and/or lawyer
ask you to sign a medical release, however, you should be much more skeptical. The other
driver’s insurance company is always looking to limit their own liability, which means
undermining your legal claims. Signing an open-ended medical release authorizes them to
rummage through your personal and private medical records far beyond those just from the
accident.
Instead of giving them free reign via medical release, you can have the appropriate records sent
to the adverse insurance company by your attorney at the appropriate time.
Do: Call an Oregon Auto Accident Lawyer ASAP
What you do after a car accident can have a significant impact on what happens next. You
might be entitled to significant compensation, including having another party pay your medical
bills. If you do or say the wrong thing, however, you can hurt your chances at a comprehensive
recovery. Getting the right legal team in your corner is the best way to protect your rights, your
finances, your health, and your future.
If you’ve been in an accident and want to speak to an Oregon auto accident attorney about your
next steps, schedule a free consultation with Nelson MacNeil Rayfield today.