What Should I Do
If I’m In A Motor Vehicle Collision?
Insist on a police investigation
and report. Often there are no eye witnesses to a collision and
you and the other driver may have conflicting versions of what
occurred. If you do not request a police investigation, you may
seriously damage your chance of obtaining a full recovery, or you
may be blamed for an accident which was not your fault. Police are
not required, however, to do a report where there are no injuries
or none of the vehicles were damaged more than $500.00. They are
also not required to file a report where a collision occurs on
private property such as a parking lot.
Do not move your vehicle while
waiting for the police to arrive. Unless your vehicle poses an
immediate hazard to other traffic you should leave it where it
comes to rest following a collision. Ask the other driver not to
move his or her vehicle as well. Often, the most important piece
of evidence that the officer will have is where the vehicles came
to rest.
Obtain the names and telephone
numbers of any eye witnesses. Often people who witness the
collision will stop and offer assistance but may not be willing to
wait until the police arrive. Be sure and obtain their names,
addresses and phone numbers so that you can contact them later on.
If you are injured,
tell the police officer. The first record of your injuries will be
obtained in the police officer’s report. If you fail to indicate
to the officer that you are injured, it may create a suspicion in
the minds of the insurance company that you are not hurt.
If you are injured
obtain medical treatment. An injury, if untreated, may become
considerably worse. If you fail to seek treatment or delay in
obtaining medical attention, the insurance company will suspect
that you are not truly injured and may very well discount your
claim.
Report your loss to
your insurance company, but do not give a statement to the other
driver’s insurance adjuster. Generally you will hear from the
other insurance company’s representative within several days
following a claim. The adjuster will want to take a statement from
you. If you are considering hiring an attorney, you should not
give a statement to the insurance adjuster for the other driver.
You could say something in your statement that would seriously
prejudice your case without your knowledge. Instead tell the
adjuster that you’ve decided to hire an attorney and instruct the
adjuster to direct any further questions to your attorney.
If you have a
serious injury do not try to settle your own claim. If you
suffered a serious injury requiring follow-up medical treatment.
You should consider hiring an attorney to represent you. An
experienced personal injury attorney would generally make sure
that you receive the compensation that is due to you. Generally
this will result in more than you will be offered in settlement by
the insurance company even after attorney’s fees are paid. If you
choose to accept a settlement without legal representation, there
is no guarantee that you will receive full and fair compensation
for your damages. Once you settle your claim it can not be
reopened. The best rule is not to sign a release for at least 6
months following your injury. If you are uncertain at all as to
what to do, contact an attorney.
The time for making
a claim is limited by law. For every injury or death claim there
is a time period during which you must file your claim with the
Court or the claim can not be brought. In Washington this time
period for bringing an injury or death claim is usually 3 years
from the date of the injury. There are some exceptions. You should
consult an attorney if you have any questions about this. |
