or “Time is of the Essence”

In an accident-injury claim, time – if used properly, can prove the difference between being fairly compensated and ending up with an unpaid pile of medical bills. To illustrate, let’s use a fictional victim we’ll call Jim. In the following situation, see if you can spot contributing factors to Jim’s eventual problem.

“Time – if used properly, can prove the difference between being fairly compensated and ending up with an unpaid pile of Medical Bills”

Jim was driving along, following the rules of the road. A driver coming from the other direction, thought he had adequate time to make a left turn in front of Jim and did so. However, this other driver had some serious near-sightedness, wasn’t wearing his corrective glasses, and had badly misjudged Jim’s proximity. The impact was almost immediate.

Both drivers were able to get out of their respective vehicles. The other driver was apologetic and immediately offered to pay for the damage. When Jim pressed for insurance information, the other driver said he had borrowed the car from a friend, and as he (the driver), didn’t have a car, neither did he have insurance. Jim collected the man’s name, phone number, the name and number of the owner of the vehicle, and recorded the license plate number. As both vehicles were operable, both parties left the scene.

Jim had been jostled around pretty good in the collision. He remembered lurching into the steering column and the impact drove him backward into the seat. Fortunately, he had been wearing a seatbelt, but was surprised that it hadn’t retained him to the seat. Jim felt bruising from the impact, but no real pain. As a former football player in high school, he had experienced much more seemingly violent impacts than this car accident.

When Jim got home, his wife asked what had happened to the car. Jim explained. “Did you go to the doctor to get checked?” she wanted to know. Jim replied that he hadn’t, he was fine – there was really no need. “Besides, the doctors have real patients to treat without me wasting their time.”

Three days passed and Jim hadn’t heard from the other driver, so he decided to call the owner of the car. Nobody answered, and so Jim left a message.
Within 5 days, Jim’s neck and shoulders were not only tight, he could only partially turn his head to the right and left. A purple contusion adorned his chest. “Merely a flesh wound,” Jim joked with his wife. “Pass me the Ibuprofen and whisky, and I’ll be fine in another week.”

By this time, Jim was ready to say “uncle sam” about going to the doctor. He was in real pain – which was now radiating from his neck and shoulders down his left arm.

Okay, let’s stop there. As “armchair quarterbacks” it’s easy to second guess guys like Jim. In fact, Jim demonstrates virtues and qualities we all admire. He’s trusting, assumes the best about his fellow man, doesn’t want to make a fuss about the accident, sets his jaw – determined to wait out the aches and pains. Jim is a man’s man as well as an honest gentleman. But in fact, Jim made some costly mistakes.

At the scene

• Jim should have checked for eyewitnesses to the accident. Surely people would have stopped and stared. By obtaining the name of an uninvolved party, Jim would have somebody to verify his version of the events.

• Jim should have taken pictures with his cell phone or camera, if available. Pictures are worth a thousand words. Claims adjusters can validate what accident participants say by analyzing the cars’ position once stopped, the damage and angle of the vehicles, the weather, the lighting, evidence of skid marks, the nature of the collision site, and more. If you can, always take pictures. If a passerby or witness can do so, give them your email address so they can be sent.

• Jim should have asked to see the driver’s license of the opposing driver and recorded the information. Without providing insurance information, Jim was trusting the integrity of the driver who hit him; that may seem honorable, but there are too many horror stories of uninsured drivers falsifying information and disappearing.

• Given the lack of insurance and the severity of the accident, Jim should have called for a police officer to report to the scene. A reporting officer would have most likely cited the other driver for failing to yield – making it nearly impossible for the opposing insurance to deny liability. If the officer wrote a report of his/her findings, that document is golden in helping Jim’s claim.

After the Accident

• Jim should have immediately gone to see a doctor. He was, after all, in a serious accident – basically a head-on collision. In the moment, chances are great that Jim’s adrenaline was sky-high, which in turn would block the sensation of pain. It is more the rule than the exception that in substantial pain does not manifest itself for 2 to 3 days after the event. As whatever damage occurred creates havoc within the body, nerves become inflamed leading to pain not present at the event. By explaining to a doctor what happened, they in turn, will know what to suspect – and whether scanning or x-rays are in order. This may not prevent the eventual pain, but a) the sooner the patient begins therapy if needed, the sooner the nerve trauma is addressed, and b) it prevents the opposing insurance from saying, “Well, if this pain was from the accident, why didn’t you immediately seek treatment?”

• Jim should have filed a Personal Injury Protection (PIP) claim with his own insurance company as soon as he recognized he was going to incur medical bills. PIP will pay the bills for one year following the event, up to the PIP limits – thereby helping Jim not get buried in medical costs while waiting for the opposing insurance to reimburse him.

Being “tough” may seem like the honorable thing to do following an accident. However, if Jim ends up with a herniated disc due to whiplash which inevitably requires physical therapy, multiple scanning sessions, and eventually a costly surgery, this accident which was no fault of his own, conceivably could place Jim and his family at major financial risk.

Finally, Jim should have sought legal advice. A qualified personal injury attorney would be able to quickly guide Jim through the “ropes” – sharing wisdom gained by dealing with this type of situation on a daily basis. The personal injury attorney would be able to let Jim know what eventualities he would face down the road, and what the process would entail. The personal injury attorney, if Jim elected to be represented, would run interference for Jim – dealing with creditors, collecting necessary medical information, interacting with both insurance companies and negotiating a fair settlement with the opposing insurance.

“To assume that a sense of equity will happen on its own is not noble… it’s naive“

Jim probably doesn’t want to be considered an “ambulance chaser.” That’s good. On the other hand, there is no point in Jim suffering physically and finding himself under a mountain of debt for an accident, not of his causing. To assume that a sense of equity will happen on its own is not noble…it’s naive. Insurance companies are not going to pay out more than they have to – this is not meant to demonize insurance. But in point of fact, if you don’t have an independent advocate pointing out the merits of your injury, your claim will be just one more file on an adjuster’s desk to close quickly, and cheaply. It may sound impersonal, but an insurance adjuster’s job is to keep costs down for the company.

In considering relying on yourself to get a fair settlement, ask yourself this: “How much experience do I (you) have in legally negotiating a settlement with insurance companies?” (When you need surgery, go to a surgeon. When you need your transmission rebuilt, seek a professional mechanic. When you need legal assistance…)
Nobody wants to be, nor intentionally plans on being in an accident. Do not attempt to learn the ropes on the fly. Time is of the Essence.