Automobile accidents can have disastrous consequences for an individual if they sustain serious injuries. Often times, an injured party will suffer huge financial burdens, being unable to work and/or having amassed large medical bills, which they cannot afford to pay. Most importantly, serious injuries resulting from auto accidents can cause physical severe pain and discomfort, emotional trauma, and negatively impact a victim’s overall livelihood. Regardless of the extent of injuries suffered, it is important for motorists to protect themselves and be aware of the necessary steps to take if they are involved in an auto accident. Furthermore, by following the steps outlined below, there is a greater likelihood, as an auto accident victim, you will be in a better position to negotiate a more favorable settlement with an insurance company.
1. Contact information of witnesses. It is extremely important to immediately obtain the contact information—name, number, address, and email–of any individuals that witnessed the accident. These individuals may be able to appear in court on your behalf, even as neutral witnesses, who would otherwise have nothing to gain or lose at trial.
2. Document the accident scene. If possible, make sure to take pictures of the accident scene immediately after the accident. Your claim will be far more convincing at trial and you will likely be able to better negotiate with an insurance company if attempting to settle out of court. More specifically, try and get evidence of the damage to all the cars involved, all street signs, street lights, and street divider lines in the vicinity accident scene, any apparent physical injuries that you may have suffered, any damage to the interior of the vehicles involved, and anything else you think may be relevant to the outcome or success of your case.
3. Post-accident medical exam. It is imperative you visit a doctor and receive a medical examination promptly following an auto accident. All too commonly, individuals involved in accidents disregard a trip to the emergency room immediately after an accident. Pain arising from a serious auto accident can not only manifest after the fact, but it can also worsen or persist in the weeks and months following an accident if not aware of and treated properly from the beginning. One other thing to consider is if you fail to visit a doctor shortly after an auto accident, the likelihood of obtaining a favorable settlement may be greatly diminished. If you are pursuing a claim for a “personal injury” but have little or no medical evidence establishing that you were in fact injured as a result of the accident at tissue, then your chances of success with obtaining a settlement or jury verdict will be greatly reduced.
4. Statements to an insurance company. It is advisable to not make any statements to an insurance company after an accident. This recorded statement may be used against you in the future. Insurance company adjusters are trained to ask questions to try and show or prove that the victim was the cause of the accident. Due to the fact that many accident victims have little or no training on how to handle an accident claim, they are usually at a disadvantage and unprepared to give an appropriate recorded statement.
5. Exchanging Information. It is extremely important to exchange relevant personal information with the other driver after an accident occurs. This primarily includes, their name, address, phone number(s), insurance company/policy number, driver’s license number, make and model of vehicle, vehicle registration, and license plate number. In the event that you do not acquire this information at the scene of the accident, you and/or your attorney will have to expend time, money and resources in an attempt to locate it. If for some reason, you are unable to obtain this information, you may not be successful in receiving compensation for your injuries.
6. Filing an accident report. Filing an accident report will help establish that an auto accident actually occurred at a given time and location. Additionally, law enforcement officials provide relevant facts and details regarding the accident in their report.
7. Release Waivers. Consult a personal injury attorney before signing a release or waiver. DO NOT sign anything beforehand. Doing so, prior to discovering the full extent of your losses and legal rights, may result in substantially less compensation than you are entitled to.
For more information on how to pursue legal action if you or a loved one has been involved in an auto accident in Missouri, call Hubbard & Kurtz, LLP now at (816) 472-HOPE (4673). Our staff of Missouri auto accident attorneys has the experience and knowledge required to deliver results you deserve with your personal injury claim!
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