The most common tort or injury claim arises from auto accidents. Insurance companies act quickly to limit their losses when an insured is involved in a motor vehicle accident. They employ claims examiners or adjusters to assess an individuala^s claim. The adjustera^s job description is self-explanatory, they adjust the amount of an individuala^s claim to save the company money on the policy. Adjusters review the facts surrounding the accident and make an initial determination as to whether their insured was at fault. The entire process moves very quickly after an accident and adjusters feed off that. Adjusters are not prohibited from contacting an individual involved in an accident who is not represented by an attorney. Typically, an insurance adjuster will contact you within days of the accident and there are even some insurance carriers who will send an adjuster immediately out to the scene of the accident. The adjuster will ask to tape record your statement and try to have you sign information release forms. You must be very careful when talking to an insurance adjuster or signing anything anyone has sent you because it could jeopardize your claim. It is critical that you seek legal advice before talking to anyone. Less than reputable claims adjusters will advise you not to seek the advice of an attorney. These representatives of monster insurance companies want you to be alone and vulnerable as they try to sell you short on your right to fair damages. Listed below are some helpful hints any person involved in a motor vehicle accident should be aware of. What To Do If Involved In a Motor 1. Talk To No One, But Law Enforcement Or Medical Professionals: Always make sure the police are called to the scene of the accident. Do not just exchange insurance information with the other driver and leave. Police officers should investigate the claims of each driver and record important information in a report that could later become a pivotal exhibit in trial. You should cooperate with law enforcement officials investigating the accident or medical professionals attempting to provide medical assistance. Insist on giving your version of the accident. However, be careful what you say and whom you say it to. People have a lot to say after an accident either because they are angry with one of the parties or traumatized. Please be aware that any statement you make after an accident you were involved in could be considered an admission, which is a statement admissible against you in court. Typical admissions are: "I am sorry I was not paying attention" or "I never saw the car until it hit me". Also be conscious of whom you are talking to. As mentioned earlier, insurance adjusters will visit the scene of an accident or look to record a statement from you shortly thereafter. Always seek immediate emergency care and consult with your private physician after a motor vehicle accident. One of the questions asked most often by people involved in a motor vehicle accident is "Can I go to the Doctor even if I said I was not hurt at the time of the accident?" The answer is yes. Keep in mind that the real focus of these types of claims is the injury itself. People should do whatever it takes to make themselves feel like they did prior to the accident. We tell our clients that their only concern should be treatment. No claim can ever accurately compensate someone for the loss of good health, so it is important that treatment be the focus. Immediate treatment or consultation is critical. If you delay seeking medical care an adjuster will argue that you were not truly injured, and only sought medical care to build a case. You must document your injuries at once. Make sure that you give a complete history of the accident to the hospital and your doctor. This is critical in proving that a particular injury arose from the accident. Be complete in your description of the areas of your body that were affected. Often injuries become more apparent within a day or two following the collision, as the trauma and shock subside and your body stiffens or an area swells. Make sure that you report new symptoms to your doctor as soon as they develop. Dona^t wait for your next appointment. Doctors will always note your phone call detailing additional problems. We urge our clients to keep a diary of their medical care, noting appointments and briefly describing what was discussed and the treatment rendered. Personal injury cases take time to resolve. It is important to have this record to help refresh your recollection if you need to testify years later. Most of all follow through with all treatment recommendations. Early, aggressive medical care can help lessen the permanent impact of many injuries. An experienced attorney will be able to tell you whether or not you have a potential claim and guide you in preserving that claim. Also an attorney can assist you if you are charged with a motor vehicle infraction as a result of the accident. By pleading guilty to a ticket you damage your claim. Not every motor vehicle accident equates to a personal injury claim and not every motor vehicle claim is paid what it is worth. Be sure you consult with an attorney who has a history of not just settling cases, but trying them. Our paralegal staff is trained to work directly with you and your attorney to answer all of your questions and guide you through the difficult process. We will assist you in processing claims for property damage as well as the loss of use of your vehicle. We will work with your doctor and your health insurance carrier to process the doctora^s claim for payment and to ensure that you receive the proper medical care and that your doctor or physical therapist is properly compensated. We will assign an investigator to interview witnesses and take photos of the scene and the vehicles involved. If your car is a total loss the insurance company will act quickly to scrap it. Photos of the damage are often critical in establishing liability as well as justifying the extent of the injuries claimed. There is no more compelling evidence in an auto accident trial than a picture of your battered and twisted vehicle. In major injury or death claims liability is often in dispute. We employ professional engineers, trained in the field of accident reconstruction, to conduct a technical investigation. The accident reconstructionist will visit the scene, inspect all the vehicles involved, and employ computer and engineering analysis to determine the speed and orientation of vehicles prior to, during, and immediately after the collision. Physical evidence can deteriorate or be destroyed as time passes after a collision, therefore, we need to engage the accident reconstructionist at the earliest possible date. 4. NOTIFY YOUR OWN MOTOR VEHICLE INSURANCE CARRIER: You are obligated by contract to comply with the terms of your auto policy. Failure to cooperate with your insurance company could result in your carrier voiding your coverage. Look at your declarations page or speak to your agent to determine if you have medical pay. This will supplement your health coverage. Many health insurance contracts provide that you must exhaust this medical pay coverage before your health insurer will make payments. Bring us your auto policy with all of the accompanying documents, we will copy it and review it to make sure that you receive all the benefits to which you are entitled. 5. TAKE PHOTOGRAPHS OF YOUR CAR, THE AREA AND YOUR INJURIES: It is important to preserve the state of your vehicle after the accident. Many times insurance companies assess a claim by the property damage sustained. Property damage helps to ascertain the speed and direction of the impact. Bruises and lacerations heal and fade. Have a family member photograph your vehicle, the area of the accident and you as soon as possible. Make sure that any markings on the roadway such as gouge marks from metal on the involved vehicles or skid marks are photographed. These will supplement pictures taken by our investigator or accident reconstructionist. Note the date and time of the pictures and bring the photos and negatives to us for safe keeping in your file. Record the names and addresses of any potential witnesses. An independent witness is extremely helpful when trying to determine an inevitable, two-sided story. Dona^t attempt to interview the witness yourself. We use trained investigators for this.
Obtain and make copies of any medical bills you make have incurred as a result of the accident. Also make sure you keep track of any co-pays you may have had. When you consult with your attorney bring along all pertinent health insurance and auto insurance policies. Some auto policies provide medical pay benefits that you must exhaust before your health insurer has to pay the claim. Doctors are business people and require payment for their services, but some are willing to accept a letter of protection from our law firm, assuring them that the bills will be paid from settlement. Most doctors will work with us if you do not have insurance coverage. Dona^t forego treatment because you do not have health insurance. Ultimately the responsible partya^s insurance company will compensate you for medical bills that are not paid by your insurance carrier or which must be reimbursed to your carrier. This is part of your overall damage claim. These payments are not made as the bills are incurred, but rather come as part of the overall settlement or verdict. That payment may not happen for years, depending on the complexity of your case. This is why you must submit all medical bills on a timely basis to your own insurance. Many people ask us whether they are better off having us a provide a letter of protection for the doctora^s bill to be paid from the settlement rather than submitting the claim to their own health insurer or available auto medical pay.. "Why should my insurance pay if the other driver was at fault?" This is not a matter of principle but simple economics. Most doctors participate in major health plans that have negotiated lesser rates than the doctora^s customary fees. Your health carrier will pay less to the doctor than you will if the doctor is paid from the settlement under a letter of protection. Further, many of the health insurance companies that require reimbursement for payments they have made when you settle your case will negotiate and sometimes accept a lesser sum. Make sure you keep an accurate log as to how much time you were forced to miss from work as a result of the accident. If your doctor recommends that you remain out of work you must follow his advice. Dona^t malinger. Insurance companies routinely hire private investigators to conduct secret surveillance of injured plaintiffs. Claimants who report that they are unable to work at their primary job but are out and about participating in all their usual activities will end up on videotape that will be shown to a jury. If you are hurt and your activities are restricted then act accordingly. Many times clients will ask if they should return to work or stay out longer even though they are ready to return. The person who works at his or her rehabilitation and returns to work as soon as possible fares much better in front of a jury than one who milks an injury. We would rather have you be able to relate that you have tried to resume your life, even if it means having to tolerate discomfort, than try to justify a lengthy work absence that is out of proportion to the injury you suffered. When you contact us after an accident an appointment will be made for you as soon as convenient. If you are hospitalized or homebound we will come to you. You will be interviewed by an attorney and meet one of our paralegals. Each file has an attorney and a paralegal assigned to it We will review the accident and your prior history as well as your course of medical treatment. You should bring any documents or photos you have relating to your case. At the initial meeting you will be provided with a written retainer agreement that clearly spells out the terms of our representation and how we are compensated. In cases of this nature legal fees are contingent on the outcome of the case. Our retainer agreement explains how this contingency fee is arrived at and what other costs can be involved in the claim. You will also be asked to sign medical authorization forms. These permit your doctor to communicate with us concerning your treatment. You should only sign forms that we provide and not those mailed to you by the other partya^s insurance company. You will be directed to have no conversation with the other partya^s insurance company or its representatives. If you have suffered damage to your vehicle we will explain the process to you to seek its repair and the use of a replacement vehicleWe will obtain a police report and in most instances assign our investigator to take photos and interview witnesses. Cases where liability is in dispute must be investigated thoroughly, as early as possible. In substantial injury cases we may elect to retain an accident reconstruction engineer. This is someone trained in the field of accident investigation and reconstruction of the event from physical evidence, such as damage to the vehicles and marks upon the highway, as well as from witnessa^ accounts. We want our engineer to have access to the vehicles before they are repaired or sold for scrap. This is another reason why you should contact us immediately after an accident. The insurance company starts its investigation immediately and so must you.If you have received a motor vehicle citation that you dispute we will fight that in the motor vehicle court for you. If you are given a ticket that does not call for a court appearance, but merely allow you to pay a fine, you will find a place on the back of the form to elect to plead I^not guiltya^ by mail. Sign the ticket where indicated and mail it in promptly. You will eventually be notified of a court date where we will represent you.If you dispute the police version of the event we will conduct our own investigation and report the results to the investigating police department seeking to have them revise the earlier, erroneous police report.We will also begin to assemble all pertinent medical information, records and bills. You must keep us informed of your progress through treatment, especially if you are sent to another doctor or therapist or sent for diagnostic tests. We will work with your doctor and your health insurance company to make sure your doctor is promptly compensated for your care. We will also begin to document your lost earnings or income. If you work for a company we will obtain lost earning records from them. If you are self-employed we will work with you to develop this part of your claim. You should be prepared to provide us with copies of your three prior tax returns. When you first speak to your doctor it is important that you give him an accurate history of the accident and any similar injuries you have suffered in the past. Too often plaintiffs who have aggravated a pre-existing condition go to a new doctor and are fearful of telling about the prior injury for fear that it will negatively impact this claim. The insurance company has access to computer databases that report such prior injuries or treatment. They will know. If your new doctor does not then his opinion relating the effects of this injury to the accident can be seriously impacted. Be truthful and let your doctor determine what additional problems this new injury creates on your preexisting condition. It is just as important that you tell us this as well. We will obtain your earlier medical reports and discuss them with your treating doctor. What To Expect If You Bring A Motor Vehicle ClaimIf you bring a motor vehicle claim and fully expect to be compensated appropriately for your injuries the earliest the claim can be settled is when your doctor releases you from care and informs us if you have a permanent disability. The American Medical Association publishes a treatise entitled Guides to the Evaluation of Permanent Impairment. Your doctor will utilize this to determine whether you have permanent impairment and to what extent. No claim should be settled until you have completed all of your medical treatment and your doctor has issued a final report. If you have a permanent impairment as a result of the accident that must be documented before the claim can be fully evaluated. In cases where you have been scarred or disfigured plastic surgeons will generally not report on the permanency of such scars or disfigurement until one year after the injury. Once you settle your claim it cannot be reopened. Most soft tissue injury claims are resolved in a year or less. If you are more seriously injured we will probably elect to start a claim in court as soon as we have completed our investigation, and understand the extent of your injuries. Connecticut has a two year statute of limitations that governs almost all injury claims. This requires that a lawsuit must be commenced in court within two years of the date of your injury. If the claim cannot be settled without commencing a lawsuit then the claim can take additional years to resolve. It is important to have an attorney who knows all of the ways of settling your claim as efficiently as possible. Because contested cases take time you must be patient. We will keep you informed of all major events in your lawsuit. Of course, we are always available to take your calls or meet with you to discuss the progress of your case. Unfortunately our court system is substantially backlogged. Insurance companies also create delay. They are required to reserve an amount of money that the company believes is the value of your claim. They do not share that information with your lawyer; they do, however, invest that money. Not for your benefit but for theirs. Delay allows them to recoup a substantial portion of that reserve before they have to make payment to settle your case. |
