ELEVEN COSTLY MISTAKES TO AVOID
Even the best personal injury case can lose its value unless the accident victims avoid these common and costly mistakes:
1. LEAVING THE SCENE OF THE ACCIDENT
California and Utah law require that motorists involved in an accident stop at the scene and exchange insurance information with each other. Failure to stop at the accident scene may result in license suspensions and serious criminal charges. In cases of bodily injury or substantial vehicle damage you should remain at the scene until the police or highway patrol tell you that you can leave. Unless you are taken from the scene by paramedics, you should also make a point of leaving the scene at the same time or later than the other motorists. By doing so you can discourage the other motorists from claiming to have "late arriving witnesses" whose testimony could be unfavorable to your claim.
2. FAILING TO OBTAIN INFORMATION AT THE ACCIDENT SCENE
If law enforcement is not called or does not arrive at the scene of the accident, it is up to you to obtain the other motorist (s) personal, vehicle and insurance information. Always ask to see the other motorists' drivers' licenses and insurance cards. Verify current addresses and telephone numbers. Inspect the damage to the other vehicles and write down the license numbers and vin numbers of those vehicles
3. FAILING TO OBTAIN NAMES AND NUMBERS OF WITNESSES
Witnesses to accidents are often the difference between the success or failure of a personal injury claim. Failing to obtain the names, addresses and phone numbers of witnesses can be fatal to your case. Once a witness has left the scene it may be impossible to locate that witness without his or her personal information. Regardless of whether the witnesses are favorable or unfavorable, always ask the witnesses for their current cell, home and work telephone numbers and street addresses.
4. FAILING TO TAKE PHOTOGRAPHS
Many motorists have cameras or camera phones in their vehicles. Photographic evidence is usually the best evidence. Photographs will show vehicle damage, the point of impact or location where the vehicles came to rest, distance from traffic controls, road conditions, weather and other relevant factors. If you have a camera or camera phone available take pictures of all vehicles involved and the surrounding area. This is an opportunity to document your claim that cannot be repeated at a later time.
5. ADMITTING FAULT
Fault is a legal term. Even if you think you are at fault do not admit fault to anyone until you have consulted with an attorney. In many instances fault is relative and an accident may involve the negligence of more than one motorist. Factors that you are unaware of may have played a role in the accident. Some accidents may require accident reconstruction or forensic analysis to determine who is truly at fault and why. Admitting fault helps no one and will always make it more difficult to obtain a favorable outcome for your personal injury claim.
6. FAILING TO GET TIMELY MEDICAL ATTENTION
Personal injury cases are based primarily upon your medical history and medical records which describe injuries, treatment and your prognosis for recovery. Delays in receiving treatment will often diminish the value of your claim. Most accident injuries will either be obvious at the scene of the accident or within 24-48 hours; ignoring those injuries and postponing medical treatment will only hurt the value of your claim. If you are aware of injuries at the scene of the accident you should immediately seek medical attention at your local ER , urgent care facility or walk in medical clinic. If you wait weeks or longer for your first doctor's appointment, the insurance carrier will be skeptical of your injuries and argue that some or all of your treatment was unnecessary. If you are concerned about the cost of medical treatment and do not have medical insurance, don't be. Your lawyer can refer you to a caring and competent medical provider who will not expect payment until your case is settled.
7. FAILING TO FOLLOW THROUGH WITH MEDICAL TREATMENT
When you are injured in an accident, your medical records are the key to establishing the nature and extent of your injuries, your likelihood of a full recovery and the extent to which your injuries have affected your ability to engage in your normal occupation and activities. The most common factor limiting the value of a personal injury claim is the failure to follow through with regular and consistent treatment as prescribed by your physician. Insurance carriers will evaluate your injury claims based upon not only the diagnosis of your injuries but also the duration and number of treatments received. Undertreatment or sporadic treatment, regardless of the reason, will result in the insurance company substantially devaluing your claim and disputing the severity of your injuries.
8. REPORTING THE ACCIDENT BEFORE SPEAKING TO AN ATTORNEY
The first call that many accident victims make after leaving the scene of an accident is to their insurance company. That is a serious mistake. Insurance representatives are trained to follow a script that elicits information which may be used at a later time to reduce or even deny your claim. There is neither any reason nor necessity to report the accident to any insurance company without first speaking to an attorney. Your policy requires you to cooperate with your insurance company and report the accident as soon as possible or within a reasonable time; in either event there is more than enough time to consult with an attorney before contacting your agent or calling your insurance company's claims reporting line. Talking to an attorney is easy and free. Virtually every personal injury attorney who advertises in the Yellow Pages, newspapers or online offers a free consultation. Most attorneys will be happy to speak with you over the phone with absolutely no obligation on your part. The attorney will explain principles of negligence and how they apply to your case. By speaking with an attorney first you will have a better understanding of who was at fault and will be able to avoid unintentionally making any statements or admissions to the insurance carrier which will adversely affect your rights.
9. PROVIDING A RECORDED STATEMENT WITHOUT COUNSEL
During the course of a claim you are likely to be asked to provide a recorded statement under oath. Once given, that statement will lock you into the version of the accident which was recorded by the insurance adjuster or investigator. Answering a question you misunderstood or volunteering information beyond the scope of a question can have devastating affects on your claim that even an attorney cannot undo. No one who is considering hiring an attorney should ever agree to a recorded statement until that attorney has been retained. With legal representation, your recorded statement will be conducted via conference call or in person with the attorney present. Your attorney will prepare you in advance for your statement, object to any misleading or improper questions and give you the opportunity to correct any misstated or misspoken answers.
10. TAKING YOUR VEHICLE TO DRIVE IN CLAIMS
Drive in claims offers convenience and time saving benefits; the insurance company may offer a check for vehicle damages on the spot. Insurance companies now have added "preferred or approved" body shops whose work the insurance company will guarantee. But there is a catch, a very big catch. Insurance companies always look at vehicle damage to determine if you should have sustained injuries in the accident. Drive in claims estimates are almost always lower, often substantially lower, than damage estimates from independent auto repair facilities. By generating lower estimates of damage, the insurance companies are able to claim that there is not enough damage to justify your injuries. The result is a reduced bodily injury settlement offer that disregards or discounts some or all of your injuries. The insurance company will not insist on drive in claims or a preferred body shop if your vehicle is not drivable or unsafe to drive. Your best choice is to take your vehicle to a reputable body shop of your own choosing or obtain a recommendation from your attorney for quality repair shops in your area. If you insist on using drive in claims or a "preferred body shop", protect yourself by first obtaining at least two independent estimates and present those estimates to the drive in claims or "preferred body shop" estimator before your vehicle is inspected. If you have a newer vehicle, obtain one estimate from a dealer body shop as dealer repair shops have excellent credibility and do not usually under price the cost of repairs. Presenting your own estimates will encourage the insurance estimators to write more accurate and more realistic damage appraisals.
11. FAILING TO NEGOTIATE ATTORNEY FEES
Personal Injury Attorney fees are not set by law but are negotiable. Attorneys Retainer Agreements must advise prospective clients in writing that attorney fees are negotiable. Despite that written advisory, few clients ever negotiate the terms of the fee agreement with their lawyer. If you were involved in a straightforward injury accident where liability is not in dispute and damage to your vehicle is significant, you should negotiate the percentage that your attorney will receive upon the conclusion of your case. Competition among attorneys in California and Utah is intense and there is no shortage of experienced and aggressive attorneys who are willing to charge less than the typical one third to forty percent fee while still providing top quality legal services.
Article written by Attorney David Laurence Altman.
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