By Steve Walden, Attorney at Law
Being in a car wreck is something you never plan for and are never prepared when it occurs. When it does happen, it is difficult to react with focus because of injury, confusion, or shock. I have seen all too often that insurance companies take unfair advantage of things that were done (or not done properly) during these stressful events to reject or reduce the value of claims. To protect yourself, and your family, you should consider how you should react in case you are unfortunately in a collision.
First, you should contact first responders by dialing 9-1-1. Police will ensure that all involved are safe from traffic, and that the scene is documented. Police dispatchers will also notify paramedics who will provide first aid as necessary. An official report of the incident may be necessary to obtain information about the at-fault driver. Having a third party’s record of observations, including witness comments, may prove helpful at understanding the cause of a wreck if fault is disputed.
Second, you should not admit responsibility to the other driver, the passengers, or first responders for causing the collision. There may be other factors you are unaware of that may have caused or contributed to the wreck. Admission of fault can be used in court, even if the police conclude that the other driver is at fault.
Third, photograph or video the damage to all the vehicles involved and the scene of the collision. You should also document your injuries, such as cuts, abrasions, or bruises by taking photographs as soon as possible after they occur, and through the hearing process.
Fourth, get your injuries evaluated. In Florida, to utilize your Personal Injury Protection coverage under your car insurance, you must seek medical treatment within 14 days after the wreck. This can include urgent care, emergency room, primary care physician, and chiropractic treatment. Remember that you may not feel pain immediately after the collision due to the adrenaline or stress created by the event. Getting immediate medical attention generally reduces the length of time to recover from injuries from a wreck.
Fifth, notify your car insurance company about the collision. Regardless of who is at fault, you will need to notify your insurance company to use your personal injury protection coverage for any medical care. You can submit the property damage claim for your vehicle through your insurance company, or the other driver if they are at fault.
Sixth, either you or your attorney (if you hire one) should contact the other driver’s insurance company if they are at fault. This is to initiate repairs or replacement of your vehicle and to initiate your injury claims under the other driver’s liability coverage. If you choose to deal with the insurance company on your own, you need to remember that the insurance company adjuster is most interested in cost-saving for their employer. This is why I always recommend that you speak with a personal injury attorney before having any contact with the other driver’s insurance company.
Certainly, dealing with a car collision can be confusing, intimidating, and frustrating. Having a plan ahead of time on how you will respond will greatly reduce your anxiety. If you have more questions about what to do after a collision, you should meet with an attorney that is experienced in handling auto-collision claims.
Steve Walden, Attorney at Law
The Carlson Law Firm
4700 Millenia Blvd. Ste. 500Orlando, FL 32839
(407) 487-4700 swalden@carlsonattorneys.com