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Don't make a costly mistake! By doing the right things (and not doing the wrong things), you can protect your rights and maximize the value of your car accident claim.
Car Accident Do's:
1. Hire the Right Lawyer, Right Away. "Choosing the right lawyer is no accident." Just because a law firm has lots of billboards and television commercials, does not mean they are the right lawyer for your claim. You have the right to know your lawyer's education, training, and experience. Don't be afraid to ask your lawyer if he or she will go to court to protect your rights if necessary.
2. Go to the Right Doctor, Right Away. Don't delay. Timely documentation of your injuries is critical. Not all doctors are created equal. Most doctors are excellent clinicians and do wonderful work for their patients. However, not all doctors know how to properly handle and document treatment arising from a car accident. Many primary care physicians who routinely handle colds, checkups, cholesterol monitoring, and other general medical treatment are ill-equipped to handle car accident injuries. There are many doctors who specialize in treating people who have been injured in car accidents. Those doctors include chiropractors, orthopedists, neurologists, and pain management specialists. We prefer doctors whose practices are a blend of car accident injuries and managed care. We do not recommend treating with doctors who only handle car accident claims. Also, be cautious about going to the emergency room. Hospital emergency rooms are extraordinarily expensive and can use up most or all of your available personal injury protection insurance benefits in a single visit. Obviously, if you have a life threatening injury you should go to the emergency room.
3. Take Pictures. Take lots of pictures. Take pictures of all cars involved in the accident. Take the pictures from multiple angles and multiple distances. Take pictures of the roadway, skid marks, and debris on the roadway. Take pictures of applicable street signs such as stop signs, no-turn signs, etc. If you have bruising, cuts, scrapes, or abrasions, take pictures of them every day until they go away.
4. Get the Names of Witnesses. Independent witnesses could be your only way of proving who was at fault for the car accident. The insurance company will almost always claim that you were at fault, or at least partially at fault. Get the witnesses' name, address, and telephone number.
5. File a Police Report. Sometimes the at-fault driver will ask you not to call the police. Don't listen to them; call the police! Insurance companies look at car accidents without a police report as being very minor, and thus not worthy of a reasonable settlement. Besides, Florida law requires an accident report on all car accidents that involve injuries.
6. Take Notes. If the person who caused the car accident apologizes or admits his wrongdoing, write it down. It's best if you can take down his exact words. A person's apology or admission of fault can be used against him or her in the future.
Car Accident Don'ts:
1. Don't Give a Recorded Statement to the Insurance Company. Many insurance companies will try to get you to give them a recorded statement about the car accident. Don't do it! They will use your own words against you in the future. Insurance adjusters are trained to ask questions that will benefit them, not you. Obviously, you should never admit wrongdoing.
2. Don't Settle without Consulting a Lawyer. Many insurance companies will offer you a few hundred dollars for the "inconvenience" you were caused by their insured. Don't take it! The insurance company will require you to sign a release that will prevent you from recovering money for your injuries. Many people who are seriously injured in car accidents do not realize how badly they are hurt for many days or weeks after the accident. Only after you have consulted with a qualified doctor who has performed all appropriate tests on you - and you know the full extent of your injuries - should you consider settling your claim.
3. Don't Stop Going to the Doctor. You should continue going to the doctor as long as your doctor recommends that you continue treating. Significant gaps in treatment, missing doctor's appointments, failing to undergo recommended procedures, and failing to take prescribed medications can reduce the value of your claim. A negligent defendant is not obligated to pay damages if the damages were caused or made worse by the injured person's failure to follow the doctor's recommendations.
4. Social Media Posts. Don't post things about your car accident on your Facebook page or Twitter feed. Also, don't post pictures of yourself until you have consulted with a lawyer. We've seen relatively innocent pictures come back to haunt our clients' claims.
For more information, visit the Swope Law, P.L. website at http://www.PinellasAccidentLawyers.com/What_to_do_car_accident.html
Robert "Bobby" Saltzman
9:31 am on Friday, November 30, 2012
I admit it I made some of these mistakes when I was hit from behind. the one thing I couldn't control was the other driver having "no" insurance. Who drives without insurance? I never even got back my $500 deductable for the body work.. My own insurance company teated me like I was the enemy. Don't believe any of those Lawyer commercials the insurance companies are not shaking their boots when he or she calls. This all worked out by some kind of scale and they offer you the worst deal. Then your Lawyer knowing the last offer is in don't want to go to court. They advise you to settle in my case I was told if I lose they can make me pay court costs and I would get nothing. That 33-1/3% turned into 49% for the Lawyer they charge you for everything.
-Ed Harris-
9:52 am on Friday, November 30, 2012
Every parent should put the insurance info in a envelope in the glove box for their kids car but also include a note in the envelope reading something like this:
"First, Breathe! It's going to be okay, know that we love you and take a second to calm down, it's just a car the most important thing is that your reading this and your okay! When you get a minute call us and we will come help. Be sure and do what ever the police say to do. We love you. Signed Mom and Dad".
Capy
9:14 pm on Thursday, January 3, 2013
Ed, I really like that. I will remember that when my daughter gets old enough to drive.
cherylwithac
12:19 pm on Friday, November 30, 2012
Hey, Patch: nice advertisement for the practice of Scott P. Swope. At least when reputable news publications include quasi-articles that are really advertisements, they include the words, "This is an advertisement." Patch, don't you think that you should do the same? Also, would you please disclose whether you get paid by attorney Swope and others who publish advertisements on Patch? Your reputation depends on it.
Jason Bartolone
12:46 pm on Friday, November 30, 2012
Thanks for your comment, Cheryl.
This is a blog post, which anyone in the community is welcome to post, for free, under our Local Voices section - whether or not they choose to advertise with Patch.
David Conkle
4:20 pm on Friday, November 30, 2012
"The first thing we do, let's kill all the lawyers." --William Shakespeare -- What do you call a bound and gagged lawyer weighted down with concrete lying on the bottom of the ocean? A good start! Lawyers are the parasitic scum of the earth and to offer proof of this -- the majority of the members of our bi-cameral legislative bodies are, you quessed it, lawyers.
Sunde Farquhar
8:15 pm on Thursday, December 6, 2012
Hi David,
Thanks for stopping by! Yowsa! Sounds like you are not fond of lawyers. Just curious, what is your profession. Or, if you are retired, what was your profession?
Capy
9:11 pm on Thursday, January 3, 2013
Very sad! This article appears to advocate suing just because you were in an accident. How about starting it off by saying if your involved in an accident and INJURED...Chee I wonder why our insurance rates are so high?