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Recent Car Accident–Should You Give A Recorded Statement

Traffic collision
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If you’ve been in a recent car accident you will be asked by the insurance company that is responsible for paying the claim to give a recorded statement.  When that happens, you have to decide whether or not to give that statement.  Here’s a bit of information to help you make that decision.

Why Is A Recorded Statement Taken?

If you agree to give a recorded statement, the adjuster will ask you about the facts surrounding the accident and about your injuries.  That seems reasonable, right?  Well…not really.  I say that because the adjuster is not really playing fair with you.  The questions the adjuster asks are designed to minimize the insurance company’s exposure.  The insurance adjuster will ask you questions and lock you in to an answer.  The danger of giving these statements is that you may inadvertently leave out some details or you may not yet know the full extent of your injuries.  Keep this in mind when you’re deciding whether to give a recorded statement–the purpose of the statement is so the insurance company can use it against you later.

Be Prepared For The Recorded Statement

If you do decide to give a statement, be prepared.  Here are some topics you can expect to be asked about:

  1. Personal, background information
  2. Descriptions of both vehicles
  3. Occupants of both vehicles
  4. Description of accident
  5. Mechanical condition of vehicle
  6. Weather, road and lighting conditions
  7. Actions just prior to accident
  8. Accident facts such as the points of impact, speed of the vehicles, etc.
  9. Cause of accident
  10. Investigating officers
  11. Who received a ticket, if anyone
  12. Obstructions to visibility
  13. The existence and placement of skid marks
  14. Road surface
  15. Your injuries and the injuries of anyone in the vehicle with you
  16. The impact–what parts of your body hit what parts of the vehicle
  17. Witnesses
  18. Statements made by anyone after the accident

The Bottom Line

If your state does not require you to give a recorded statement, it is usually best not to give one.

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Top 10 Tips for Handling Your Own Auto Accident Case

Some times, in less complicated cases, it is better for an individual to handle their own auto accident claim. That’s why I decided to put together a few tips to help you in handling your claim.

1. Make sure you are released from your doctor’s care before settling your claim. Many times people get fed up going to the doctor and just stop going. You need to get released from your doctor before you can settle your case.

2. Don’t skip treatments. Skipping treatments are a kiss of death for those who want to settle their case for its maximum value. Insurance adjusters use skipped treatments against auto accident clients. If you were in so much pain, why would you miss you therapy? Of course, there are some valid reasons to miss appointments; life happens. So, if you have to miss a treatment for a valid reason, call the physical therapist or chiropractor and reschedule. Ask them to document your reason for rescheduling in your file. Also, put it in your planner, so you’ll be able to answer why you missed your appointment if asked in a deposition or at trial.

3. Perform your prescribed at-home treatment. This is an issue you will be asked about in any deposition and in any set of interrogatories. If you did not perform your exercises how is a claims adjuster (or jury, if it comes to that) going to be sympathetic towards you when you say you were in pain for fifteen weeks but you refused to do the simple exercises that were prescribed for you to do.

4. Don’t settle your claim too quickly. Some insurance companies have a practice of settling claims within 24 to 48 hours of the accident occurring. (One even brags about it as an advantage of having its service). Usually, this is not a good thing if you’re injured. Sometimes you don’t feel the full effect of the impact until after you’ve slept on it. If you’ve already settled your claim, any subsequent treatments will be paid for out of your pocket.

5. Get your own repair estimate. Depending on the insurance carrier, you may drive in and have an adjuster estimate the amount of damages or they may go to where you’ve parked the car. But whatever the case, it is an insurance adjuster, not a mechanic, who will be estimating the damages to your vehicle. Keep in mind the adjuster has no incentive to find hidden defects caused by the accident; neither does the insurance company-approved mechanic. It may be best to take your car to a mechanic you trust before going to the adjuster. That way, you can point out those things not discovered by the insurance adjuster.

6. Before you take off from work, get a doctor’s excuse. When you’re injured in an accident it would seem that the insurance company would understand and pay for the time you’ve missed from work. They will, but only if your doctor, physical therapist or chiropractor has taken you off work. Don’t just miss work for an extended period of time without having your medical provider provide you with a written excuse from work.

7. If you were written a ticket in the accident, fight it. Getting a traffic ticket in an accident is usually bad, depending on what the ticket is for. It won’t hurt if you have no proof of insurance; just take the proof in on your court date and this will usually go away. But, if you got a failure to yield, for example, and you know you didn’t fail to yield and can prove it, fight the ticket. Even if the other person was at fault, you could be considered contributorily negligent and therefore, not entitled to receive payment on your claim.

8. Ask for reimbursement of mileage, lost wages, and lost benefits. Many times when people don’t ask for reimbursement of these items it’s because they don’t know they have a right to ask. You do. Keep up with your mileage to and from the doctor’s office and therapy appointments and ask for reimbursement of these items. If you miss time from work, ask your human resources department or supervisor for verification of the hours or days missed, your salary, and the total wages lost. Many times people don’t ask for lost wages because they used their sick leave. Sick leave is a benefit that has a value attached to it which is whatever your wage would have been for the time you missed. You are entitled to be reimbursed for the loss of that benefit. Think of it this way, if it had not been for the accident, you would still have this sick leave time available for use. This is another item that will need to be verified by your human resources department.

9. Keep a pain journal. The best way to document your pain and suffering is by keeping a daily journal. It will show a more accurate picture than just the assessments given in your medical records. Assuming you are in pain, keeping a pain journal will give you a stronger basis for asking for damages related to pain and suffering.

10. Hire an attorney if you need to. In my mind there a times when you should hire an attorney and times when you shouldn’t. I’m sure opinions would differ amongst attorneys with this. There are some cases when you should always hire an attorney such as with tractor trailer accidents, when you have a serious pre-existing injury that re-aggravated, when there are several cars involved, when the negligent driver was intoxicated, when there’s permanent impairment or disfigurement, and when a fatality occurs. On the other hand, when the injury is soft-tissue, when the accident was low impact, when the driver has a reputable insurance carrier that you’re in communication with, these are cases that may not require an attorney (just a little more knowledge on the process). Then there’s the borderline case that you’ll have to make a judgment call on. If you have an insurance adjuster that’s not responsive, when there’s serious injury (broken bones for example), or when you’re not sure you’re being treated fairly, it’s time to start interviewing a few attorneys. Do a cost benefits analysis. Is it worth hiring an attorney or will I come out better financially if I handle the case myself?

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One Critical Mistake That Can Hurt Accident Settlements

If you’ve recently been in an automobile accident, there are some things you should know to protect your car accident claim.  I’m doing a series of blog posts to highlight some things to watch out for.

Don’t Talk Too Much

We’ve all done it so I can’t judge you, but when you’re in a car accident it’s imperative that you be careful what you say and to whom you say it. At the scene, hold your peace. When the adjuster calls, be polite but abrupt, succinct and brief. When you talk to the police, it’s the old Joe Friday, “Just the facts, ma’am (or sir).” When the other driver asks if you’re okay, the answer is “I don’t know” because you won’t know until you’ve been evaluated by your physician.

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