What Steps Should You Take Following an Automobile Accident?

1. Are you injured? If so, get medical help as soon as possible.

First and foremost, get treatment!

(The following steps are secondary to the above essential, first step; if you or someone with you is capable, do steps 2-6:)

2. Assuming the accident is not your fault, notify the police and request that a report be filed. Ask the responding officer whether the other driver(s) will be cited. Ask the officer how you may obtain a copy of his/her report.

3. If there are witnesses, obtain their names and contact information. If the witnesses leave the scene prior to the arrival of the responding police, give their name(s) and contact information to the officer.

Police Report – Witnesses: These are Important!

4. Exchange insurance information with the other involved parties. If they voluntarily say something about the accident, make a mental note and write the comments down at your earliest opportunity.

5. Take pictures of the accident scene from several angles, or perspectives – include traffic control devices or signs which may play a part in illustrating your lack of fault.

6. If you leave the scene under your own power, and are aware of injury (soreness, aches, pains, restricted movement, headache, throbbing, bruising, laceration), go to a medical facility to be examined. Tell the treating medical provider EVERYTHING which concerns you. Do NOT minimize potential injury by trying to be noble and brave. (The records from this first visit can prove crucial in showing the connectivity between the accident and the of injury in a later claim.)

Tell the doctor ALL your concerns -

7. Contact your insurance agent to report the accident – most insurance companies expect this to be done within 24 hours. Give your agent the insurance information you collected from the other driver(s). If you are injured, ask your agent how to initiate a PIP claim to help pay for your immediate medical bills. (Refer to article: What is PIP, and is it Important?)

8. At home, if you have, or develop, visible injuries such as lacerations, bruising, or swelling – take pictures. Don’t be vain about the unattractiveness of the injury; there is a reason for the saying, “A picture is worth a thousand words.” These will help protect your claim.

Pictures are worth a thousand words

9. Assuming you have an injury, contact a competent Personal Injury or Accident Injury attorney. In many cases, these attorneys offer a free consultation to assess your circumstance to evaluate whether they can help. If the attorney offers to represent you, ask for an explanation of fees. For example, Jackson Law Office handles Personal Injury claims on a contingency basis – there is no out of pocket expense to the client.  The first question that I will answer is whether or not you even need an attorney. Not all claims and circumstances require the assistant of an attorney, however, it is recommended that you discuss your claim with an attorney to at least answer some of your initial concerns.

10. Seek regular treatment for injuries. If your doctor recommends physical therapy, you should go.  Delayed treatment leads to delayed recovery and often times a significant decrease in the amount of money you can recover from an insurance adjuster.

11. Do NOT bow to pressure from an insurance company to settle quickly – especially before you fully understand the nature and duration of your injury, as well as  what future medical bills may arise.  Sometimes adjusters try to resolve cases before you are done treating for your injuries – this could lead to a loss in your PIP coverage and could prejudice your rights to bring a future claim. Allow your attorney to handle these negotiations on your behalf.

Let a competent attorney negotiate on your behalf

12. Keep your attorney informed of all medical providers you visit and treatment you’ve received. The attorney will establish correspondence with the providers and related billing – obtain all necessary charts and records in establishing the basis of your claim against the other party and his/her insurance company.

13. If your injuries result in missing work and losing income, submit this claim to PIP.  If you were injured while working, submit the claim to your employer’s workers compensation carrier.

Isaac Jackson, Attorney at Law

DISCLAIMER: What follows is an article written by Isaac Jackson, a Personal Injury Attorney,located in Eugene, Oregon licensed to practice law in the State of Oregon. The following article is intended for information purposes only and is NOT intended to create an attorney client relationship or give you specific advice regarding your claim.  The information below regarding personal injury claims may not apply to your case, even if it appears applicable.  You are encouraged to take your personal injury case to a qualified attorney in your area immediately.  Your injury claim may be barred by a statute of limitations, which in some cases could be as little as a month.  If you do not file a notice of claim or a lawsuit within that time period you may lose your right of recovery for your personal injury claim.

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