How to Protect Your Insurance Claim After a Car Accident

As a personal injury attorney for almost 35 years, I've represented hundreds of clients who were injured in auto crashes.  I've seen just about every type of accident and set of facts imaginable over the years.  And I've dealt with every auto insurer who writes policies in this area.

Most people who are involved in car accidents that are clearly not their fault think the other driver's insurance company will  automatically take care of them, and they have nothing to worry about.  Too late, they find out that this is not so.  While auto insurers have a duty to act in good faith and deal fairly with accident victims, they see their primary obligation as protecting the interests of their policyholder.

It Starts at the Scene

With that in mind, if you find yourself the victim of a car crash, you must begin to protect yourself right then and there.  This starts with making sure you have all of the correct information about the other driver.  You should insist on seeing his/her driver's license and insurance card, so you can make sure you take down the information on those documents accurately.  People move, and they don't always change their license address right away.  So ask if the information on the license is up to date.  If the driver is not the owner of the other car, ask to see the registration card so you can obtain the owner's information.  This information can be vitally important if, later on, you find it necessary to take the case to court because the insurance company refuses to accept responsibility, or won't offer a fair settlement of your claim.

Call the Police

If you feel you've suffered an injury, contact the police.  Sometimes you will not seem to be injured immediately after the accident, only to find yourself experiencing increasing pain as the day goes on.  This is a common phenomenon.  The rush of adrenalin one experiences from this kind of unexpected traumatic event often initially masks pain caused by the tissue strain that typically results from a vehicle impact.  Once the adrenalin wears off and returns to normal levels, you will experience the onset of pain if you've been injured.

Avoid Discussing Liability

If the police have been summoned, wait inside your vehicle for their arrival, as long as it hasn't been severely damaged, and it's safe to do so.  Extended conversation for the other driver, or any occupants of the other vehicle, is generally not advisable.  On the the other hand, if the other driver acknowledges responsibility for causing the accident, or gives an explanation ("I didn't see you", "I wasn't paying attention", etc), make a note of that for future reference. 

It's not unusual for the other driver to say one thing at the scene and another to his insurance adjuster investigating the accident when they realize that their insurance coverage or premium could be affected by admitting fault.  This is especially so in intersectional or lane change accidents, where there may be a question as to who ran the stop sign or red light, or who entered the other car's lane.

Keep an Eye Out for Potential Witnesses

If you are able to move around while at the scene, look around the area to see if there are any third party witnesses.  If there is someone who can verify that the accident was the fault of the other driver, that information can be vital to the outcome of the case.  Make sure you get good contact information for any such witnesses.

When the police arrive, make sure they get a full statement from you, including information about any injuries.  If you have found a witness, and they have been willing to wait for the police, point them out to the police so they can be interviewed and put in the report.  If the police determine that the other driver was at fault, that will go a long way toward convincing the insurance company, in the event there is some question as to that.

Describe All Injuries to Medical Staff

If you are being taken to the emergency room by ambulance, make sure you completely and accurately describe your injuries to the EMT personnel, and to the ER staff that responds to you.  Insurance adjusters and defense attorneys love to scan these early reports for inconsistencies in what you are claiming are your injuries and what appears in these reports. Make sure you follow whatever discharge instructions you've been given in the ER.  If you've been advised to contact your private physician within a certain period of time, and your injuries haven't resolved themselves, be sure to do so.  If you've been given prescriptions for pain or muscle relaxation medications, get them filled and take them as prescribed.  If you don't have a regular physician or other health care provider, you can get referrals to specialists who treat the kind of injury you have.

Know How Much You Deserve

A few days later, if the accident has been reported to the other driver's insurance company as required, you will probably get a phone call from an investigator or adjuster who wants to take a recorded statement.  Hopefully before that happens you've consulted with an attorney about representation, but if you haven't done this yet, it's best to delay giving any statements to the insurance company until you have representation.  I always insist on sitting in on such sessions, and in getting a tape or transcript of them for later possible use.  Remember, the insurance company's goal is to pay as little as possible to resolve this claim, not to make you happy.

Following these steps will greatly enhance the likelihood of a successful outcome of your claim.  Over the years, I've found that I've been able to get better results for clients who have protected their interests in this way, right from the start.