Dealing with the Aftermath by Jason & Debi Chalik - HTML preview

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MISTAKE # 2 :

Make Snap Decisions And Put It All Behind You

 

Children have a game. It’s called, “What If…?” They imagine a situation, and then ask, “What if I did this or you did that?”

Some businesses use this role-playing exercise as a way to envision their response to various situations—good or bad. What if a natural disaster hit my business? What if someone stole from me? What if a valued employee left?

Parents and driver’s education teachers encourage teenage drivers to play “What If…?” as a way to imagine situations and avoid events as they might unfold.

“What If…?” allows people to think about what may happen, and how they might react.

Now, apply this role-play exercise to accidents. What if you got into an accident? What if the other driver was at fault and said, “Let’s just exchange information and not report this to the police or our insurance companies?” Think about it for a moment.

What if it was reported to the police and insurance companies, and an adjuster showed up with a seemingly reasonable settlement offer for you to sign?

How would you respond? If you had played “What if...?” in your mind, you’d already know how you’d respond.

Even without using that role-play exercise, almost everyone can agree to the first three things you must do following an accident.

First, ensure you, your passengers, and those in the other vehicle are OK.

Next, if you’re in an unsafe or busy area or interstate, move or remove vehicles from harm’s way or a dangerous situation.

Finally, call 911. The police and fire rescue must be called if there are injuries – or even if you suspect there are injuries.

After that, what you do, whom you call, or the path you take varies widely, depending on who’s involved, who seems to be at fault, and who’s thought about what to do before the accident even happened. Follow these steps to further protect your rights and potential claims:

REPORT IT TO THE POLICE. The other party—if at fault—may say, “Let’s keep the police and insurance companies out of this.” Don’t listen. Call the police. Why? Damage can be higher than you are qualified to estimate. If you let the other party go without documenting the accident, they may deny the accident or fault when you call them later, even if you have witnesses.

PHOTOGRAPH OR DOCUMENT THE ACCIDENT SCENE. Use your cell phone camera to photograph any damage to the vehicles. Shoot the accident scene from different angles. If passing traffic poses no danger, photograph the vehicles before removing them from the accident scene. Be sure to get pictures of traffic lights, stop signs  or other elements that may have played a factor. Photograph skid marks.

GET NAMES AND NUMBERS. Get the names, addresses and phone numbers of everyone at the scene, especially witnesses, who tend to “disappear” or become less cooperative after the event. Make sure you get their contact information quickly, and provide it to your attorney soon after the accident.

VISIT THE DOCTOR. See your doctor or visit the emergency room or urgent care center. You might not feel pain or discomfort immediately following your accident. However, pain you don’t feel today —or the confusion you’ll certainly experience following an accident—can mask symptoms of other injuries. Get x-rays, scans or other diagnostic procedures as prescribed or instructed by the physician. Be sure to get copies of your medical records.

CALL YOUR INSURANCE COMPANY. As soon as you can, call and file an accident report. You should also notify the other driver’s insurer of the accident. If the other driver is at fault, don’t expect that he or she will make that call. Regardless, Don’t Sign Anything. Do not talk to any insurance adjusters, either.

CONSULT AN ATTORNEY. Insurance adjusters—both for your insurance company and the company insuring the other driver— are trained professionals who handle claims every day. You cannot be expected to know how to protect your own best interests. That’s where an attorney comes in.

It’s critical to gather evidence, witness contact information, medical records and other physical data quickly. As time goes by, cases grow  cold and details get fuzzy. Weak details make for lost rights and devalued cases.

These are only the first steps in protecting your rights, your claim and yourself in the event of an accident. If you’ve ever been in an accident, you know you can expect to receive calls from both your —and the other driver’s—insurance companies. The insurance companies will want to speak to you immediately and resolve the case quickly.

This may be your first accident. When you hire the right accident attorney, it will not be the firm’s first case. With experience comes the ability and confidence in working with insurance companies.

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WHY YOU MUST PROTECT YOUR ACCIDENT CLAIM

The simple truth is, you must protect your accident claim. Every driver is prone to accidents. Even if you’re not at fault, the driver, operator, rider or passenger is equally susceptible to harm, injury or death, liability—and recovery. It’s important that drivers, operators, riders and passengers each know how to protect themselves while in the vehicle, and what to do in the event of an accident.

A skilled accident attorney understands the tremendous physical, mental, emotional, and financial toll an automobile accident can have on a driver, operator, rider or passenger—and his or her family. You may be entitled to receive compensation for medical treatment and therapy, lost income, property damage, pain and suffering and other damages depending on your situation.

But only if you act quickly, wisely—and without making the critical mistakes that we discuss in this book.

Even if you’ve been in an accident before, and successfully made an insurance claim, every situation is different.

If you have been in an auto accident, contact an attorney immediately. After an accident, there are so many things to think about, and getting the money you need from the insurance companies can be difficult. Hiring an experienced auto accident attorney can save you months of stress and help you cut through the red tape to get the money you deserve.

Determining the party or parties responsible for negligence in an automobile accident can be difficult. Your legal team will work diligently to uncover the intricate details of your auto accident.

Accident attorneys employ a crew of car accident investigators and experts who will help prove the accident occurred as a result of another driver’s negligence.

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DRUNK DRIVING ACCIDENTS

Over one mil ion people die or are severely injured each year due to alcohol-related automobile accidents. Every 32 minutes, an American is killed in a fatal car accident because an intoxicated person chose to endanger himself or herself and others on the road. So, how can drivers protect themselves against drunk drivers? Your law firm should strive to bring the problem of drunk driving to light and hold drunk drivers accountable for the devastating results of their actions.

If you were injured or a loved one was injured or killed after a collision with a drunk driver, find out your rights. Even if you were a passenger in a car being driven by an intoxicated person, and suffered injury as a result, you may be entitled to money damages. Your law firm will know how to demonstrate that an impaired driver failed to exercise reasonable care due to intoxication. The firm will use police report evaluation, witness testimony, expert opinion, medical evaluation, and crash site evaluation to effectively argue your case. Victims may be able to claim damages for medical bills, lost income, emotional distress and even punitive damages (for reckless behavior) from the intoxicated driver, his or her insurance company, and possibly the owner of the location that provided the alcohol.

Timeliness is a factor in alcohol-related accident claims, so make sure you contact an attorney who fights for the victims of drunk drivers as soon as possible.

THE TAKEAWAY: Snap decisions have no place in the aftermath of an accident. Take your time. Sign no documents. Consult with an attorney. Know your rights.