 
It's easy to get carried away, emotional and make mistakes when you're involved in an auto accident... especially if there are injuries. The reality is, when in an auto accident one should try and remain as composed, in control and organized as possible. We've provided this list of DOs and DON'Ts to help you in case you're ever involved in a car accident.
DOs:
What To Do When An Automobile Accident Happens:
- After impact, new laws may require that you move your vehicle, but only do so if you are without pain and apparent injury. If you are in pain, stunned or dazed, don't attempt to move, remain in place until help arrives. Moving your vehicle is only required on busy thoroughfares at peak traffic hours, and only if you can do so without further injury or aggravation of symptoms.
- Take Photos, then Move. If you are without pain or apparent injury, exit your vehicle and utilizing a disposable camera that you should carry in your car at all times, document the accident quickly and completely.
- Take pictures of your vehicle, the other vehicle/vehicles, any and all damage, the other vehicle(s) license plate, the driver of the other vehicle(s), the area, the road conditions and the sky.
- Have the photos processed and two copies of all photos made, one for you and one for your attorney. Do not give copies to anyone, unless approved by your attorney.
- Call
the police immediately.
-Never be talked out of calling the authorities, because without
a police report, you will not be able to prove your case.
-Give the policeman a full, accurate account of what happened. Never
admit fault and never exaggerate!
-List for him all symptoms of injury you may be feeling, no matter
how slight.
-Try to listen to what the other driver tells the officer and how
he responds.
-Ask the officer who will get a citation and for what.
-Cooperate fully and completely with any request made by the authorities,
and always be courteous.
- If
in pain, report your condition to the officer and
request an ambulance.
- When
the medics arrive, give them a full, accurate report
of symptoms.
-Cooperate with their examination and treatment plan.
- Never
attempt to drive if dazed or injured.
- Call
a family member or friend to the scene, to lend assistance
and as a witness.
-If possible, ask them to bring a camera to photograph the cars
and scenes.
- Attempt
to get names, phone numbers, and addresses of any
eyewitnesses.
-Give this information to the investigating officer; keep a copy.
- If
symptoms last several hours,
go to your family doctor or emergency room.
-Report how the accident occurred and give a full, accurate account
of the symptoms, but never exaggerate.
-Submit as necessary to exams, x-rays and advice of the treating
doctor.
-If recommended, or if symptoms continue, see a specialist.
-Follow your doctor's recommendations "to the letter".
-Don't be afraid to ask questions of your doctor, to help you understand
your injuries and treatment.
- Don't
discuss your case with any unnecessary parties.
-Your spouse, your doctor and your insurance agent are necessary.
-Insurance adjusters who want recorded statements are not necessary
and you should never give such a statement.
- Report the
accident to your insurance company.
-Get a copy of the accident report for them, and check it for accuracy.
-If the report is inaccurate, call the investigating officer and
question him on it.
(You have the right to do this. Ask him to correct the report.)
-If you have collision coverage, insist that your company appraise
and repair your vehicle immediately.
(They'll be reimbursed by the other driver's insurance.)
- If your injuries/symptoms
persist for more than a few days, consult an attorney.
-Be sure the attorney is a personal injury specialist. Ask him about
his experience!
-Write down all questions you may have about the accident prior
to the interview.
-Learn all you can about your rights in such a legal case.
-Ask what fees and expenses you will be required to pay, what the
attorney thinks the case should be valued at, and what he feels
he can do for you in recovery.
-Don't hesitate to interview several attorneys and compare their
responses.
- Get two
(2) property damage estimates if you have no collision
coverage, and give these to your attorney or to the other driver's
insurance company if you have no attorney.
-Try to get the other driver's insurer to repair your vehicle without
signing any releases.
- Try to get
the other driver's insurer to pay for your medical bills, without
signing releases.
(By doing so, the other driver's insurance company will be admitting
fault.)
- Never
sign any releases until you are fully prepared to
settle your case.
-The only exception is when your attorney advises you to do so.
- Keep
a written daily diary of the
aftermath of the accident.
-List all that happened in the accident and initial medical exams.
-Follow your progress and the problems caused in everyday life by
your injuries.
(This will prove invaluable at your trial, which may be much later.)
- You should
never consider settling your case until
all your symptoms have disappeared and you are back to normal.
-If you have had a concussion, you should not settle for six (6)
months, at least.
-Remember: Your cause of action is the most important protection
you have against a truly serious or catastrophic injury.
- Obtain
the following documentation for yourself and/or your
attorney:
-Copies of all medical bills resulting from the accident.
-A list of which bills have been paid and which have not.
-A list of mileage to and from all health care providers.
-Copies of all doctors' medical reports and dictations in your medical
file.
-Copies of all admit and emergency room records of all hospitals
treating you for the accident.
-Copies of radiology reports on tests given to you, such as x-rays,
CT Scans, MRI's or Myelograms.
-Copies of all statements given by any witness to any aspect of
the accident.
-Copies of your wage records or income tax returns to show the impact
of the accident on your income.
-Any photograph or videotape of the injuries, accident scene, vehicles
or any other aspect of the case.
-Copies of your insurance policies.
-Copies of your property damage estimates on your vehicle.
-Copy of the accident report filed by the police.
DON'Ts:
What Not To Do When An Automobile Accident Happens:
- Don't be talked
into not calling the police.
- Don't
give recorded statements to insurance adjusters.
- Don't
sign releases or checks with release language
printed on them.
- Don't settle
your case unless your symptoms are completely gone.
- Don't settle
your case unless you have spoken to an attorney and
have had your rights explained to you and your questions answered.
- Don't discuss
any aspects of your case with unnecessary persons.
- Don't
do anything just because they say you "have to".
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The Glenn Armentor Law Corporation
Disclaimer: This information provided by our web site is, of necessity, general and nonspecific. Each and every potential claim has variable specifics that can completely alter the legal analysis of that claim. For that reason, a thorough and complete interview and evaluation of the claim is necessary to form a proper basis for specific advice to a client on his or her individual claim. The general information we attempt to present at our web site on claims involving personal injury, auto torts, offshore accidents, worker's compensation, products liability, medical malpractice, premises accidents, industrial accidents, burns and electrocutions and discrimination in housing and in the workplace should NOT be construed as formal, nor specific, advice on the handling of an individual claim, nor should any information dispensed herein be considered, in any way, as formative of an attorney/client relationship. Such a contractual relationship can only be undertaken by our firm after a complete interview and evaluation of each specific client's case. For purposes of such interview and evaluation, you may begin the process of requesting an interview and evaluation by inputting your case specific information into our interactive case information form, available within this web site.
©1999-2003 The Glenn Armentor Law Corporation
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