A Former Insurance Company Trial Attorney's Tips on What to Do After a Crash

Feb. 3, 2011 - PRLog -- Filing a motor vehicle accident claim can be complicated and stressful. No matter what the insurance company commercials try to portray in the massive amount of television ads, the purpose of an automobile insurance company is to make large profits. Insurance companies will do all they can do to minimize the money they have to pay on a claim. There are many ways they will attempt to minimize the money they pay on a claim, which oftentimes causes injured drivers and passengers to obtain a settlement, which does not pay for medical bills and other harms and losses.

    Attorney, Timothy Nies,  an auto accident attorney in Stuart, Florida and former trial attorney for the the largest insurance defense law firm in the United States, offers the following tips to follow after a crash and when dealing insurance claims.

CALL THE POLICE TO INVESTIGATE THE CRASH AND PREPARE A CRASH REPORT

    Do not let the other driver in an accident convince you to not call the police after a crash, even if there is minor damage to your vehicle or the other driver agrees that it was his or her fault. They may even offer to send you money. In reality, they may not have an intention of paying you the money. Or, the other driver may change his mind about fault and his or her insurance company may then refuse to pay for any damages.  

  Even though accident crash reports are not admissible in Florida court, the accident report is very important to your claim.  The crash report will contain information on the other driver, including his or her address, telephone number, license plate number, insurance company information, road conditions, damage to the vehicle involved and most important in Florida, the name of the owner of the vehicle. In Florida, not only is the driver of the car responsible, but also the owner in most circumstances under the Dangerous Instrumentality Doctrine. Meaning, that you will have a claim against both the driver of the vehicle and the owner.   Further, the crash report may contain information on evidence you will need in an accident case. For example, there may be information on witnesses, measurements of skid marks, condition of the tires, etc.

TAKE PHOTOGRAPHS OF THE ACCIDENT SCENE, THE DAMAGE TO ALL VEHICLES AND YOUR INJURIES

    As the saying goes, “a picture is worth a thousand words”. If possible to do so safely,  take photographs of the accident scene, skid marks, road conditions, damage to both cars and any outward signs of injuries you may have.  Be as detailed as possible – meaning, do not just take an overall picture of each car. Take close-up photographs of the damage to the vehicles. This may be done with a camera phone. If there is a dispute over who caused the accident, an expert accident reconstructionist may be able to form opinions as to the cause of the accident and will use your photographs when testifying in court.

VISIT YOUR PHYSICIAN, A HOSPITAL ER, OR AN URGENT CARE CENTER IF YOU ARE INJURED

    If you think that you might be injured due to the crash, make sure to tell the police officer and either go to your family physician, a hospital emergency room or an urgent care center. Both will surely use your PIP insurance through your car insurance. Just bring your auto insurance card with you. Oftentimes, drivers do not feel like spending hours in an emergency room after a crash and will forego seeking medical treatment after the crash. This is why I recommend you visit an urgent care center, such as Solantic or MD Now. These urgent care centers are usually staffed with physicians and will be able to treat you much quicker than a hospital ER. If the physicians recognize an injury that requires immediate medical care only available at an ER, they will call the ER and make arrangements for you. If you do choose to be treated at an urgent care center, I advise you to request that you be seen by a physician rather than a physician’s assistant (PA) or a nurse practitioner (NP).   There are several urgent care centers in Martin County, including:
- Stuart Urgent Care Center:  Tel: 772-692-8082.
- Treasure Coast Urgent & Family Care.  772-419-0560.

CONTACT YOUR INSURANCE COMPANY

    No law exists that you must call your insurance company immediately after a crash. If you need medical care, first do by all means. Oftentimes, right after an auto accident you are excited and overwhelmed. Call your insurance company after you have calmed down.
When you have calmed down, sought medical care if needed, and are in the comfort of your home, call your insurance company at the 800 number usually written on the back of your insurance card.  Advise them that you have been involved in an automobile accident and be truthful with your claims representative. However, do not guess when speaking with them. If they ask you how fast you were going, do not guess. Don’t say it was your fault or apologize in any way. If they ask for a recorded or sworn statement, and you are injured or feel hurt in any way, you should tell them that you would like to speak with your attorney first.  If you do not have a copy of your policy, ask them for a copy during this first telephone call.

    If an insurance representative of another driver involved in the accident should contact you, I would advise that you speak with an attorney first. The other insurance company will try to twist what you say into an admission of fault.

READ YOUR AUTO INSURANCE POLICY

    If you do not have a copy of your insurance policy, request a copy from your agent right away. Read it and become familiar with the terms and what you are entitled to under the law.

BE TRUTHFUL WITH YOUR PHYSICANS AND OTHER MEDICAL PROVIDERS

If you were injured after the crash, you will likely need follow-up medical care after a visit with an urgent care center or ER. For example, back or neck injuries are usually treated by orthopedic specialists. In Florida, your physician will be paid from the PIP portion of your insurance policy.  Do not play up or exaggerate any injuries with your doctor. Be truthful.  Medical providers are trained at detecting exaggeration of injuries, and will often comment on such beliefs in medical reports. At the same time, do not downplay your injuries. If you feel pain or discomfort, by all means, tell your doctor so he or she may treat the injury and document it in your medical records.

CONSULT WITH AN ATTORNEY FOR FREE

    Most attorneys offer free consultations. Even if you are not injured in the accident, a thoughtful attorney will speak with you and offer advice on the claim process, which may bring you peace of mind and may assist you in obtaining maximum compensation for the damage to your vehicle.

 
    For more information about the claim process in Martin County, Florida, visit http://stuartpersonalinjurylawyers.com, or for auto accident claims in St. Lucie County, visit http://stuartpersonalinjurylawyers.com.

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Van Riper & Nies Attorneys, P.A. is a U.S. Veteran-owned Personal Injury Law Firm in Stuart, FL. Injury attorney, Timothy Nies, is a former insurance company trial lawyer. Attorney Christian Van Riper is a former Prosecutor, and lifelong resident of Stuart, Florida. Van Riper & Nies Attorneys represent individuals and families who have suffered an injury, or lost loved ones, due to the carelessness or reckless of drivers. The firm leaves no stone unturned in the prosecution of injury claims for our clients.