
An Attempt to Answer Questions on Automobile Accidents
AT THE SCENE: Depending on whether anyone is injured, your mental checklist should be:
IF NO INJURIES AND THE OTHER PERSONS AT FAULT:
Be sure to obtain all identification for the driver and car owner (driver's license name, number, address, expiration date, restrictions, home and work phone number), as well as insurance information (company name and address, policy number, agent or broker's name, address and telephone number). Do not forget to collect important information on the other automobile involved such as VIN (Vehicle Identification Number), license plate number, make and year of model, prior damage and dents, police report number, violation section and ticket number as well as the traffic court date and location. If there were witnesses to the accident, make sure you have their names, addresses and telephone numbers.
Afterwards obtain several estimates, even if you bring your car to the insurance company's repair shop. Take pictures before any repairs. Consult Edmonds or The Kelly Blue Book if your car is totaled. If necessary, consider the rental car provisions of the other person's or your policy. If the car is totaled and you still owe money on it, remember you are still responsible for the remaining finance charges beyond the amount paid to by your by either insurance company.
IF NO INJURIES AND YOU'RE AT FAULT:
Determine the extent of damage to vehicles before notifying your own company, since you may be better off paying out of your pocket to avoid significantly higher premiums for years to come, or the threat of cancellation.
IF INJURIES AND OTHER PERSON'S AT FAULT:
Seek appropriate medical attention to determine the nature and extent of injuries. Keep a copy of all "off-work slips" given to you for your employer. Take pictures of all your injuries. DO NOT speak in person or on the telephone to any claims adjuster or investigator because your statement will be recorded. (Call The Margolis Firm PC early to ensure your rights are protected). Consider whether to invoke the medical payments coverage of your own policy. Keep copies of medical bills including: hospital, X-ray, MRI, CAT scan, family doctor, physical therapy and medication. Keep a record of lost wages, bonuses, commissions, and lost opportunities for advancement. Keep a diary of your injuries, including: disability, pain, suffering, changes in life style and social events. Keep a copy of any health insurance payment agreement, and note specifically the subrogation clause that might affect your personal injury claim or lawsuit. Assuming fair compensation for your injuries exceeds the policy limits of the other person's insurance coverage, consider an under-insurance claim. Of course, if the other person has no insurance, make a claim under your policy's Uninsured Motorist clause.
REMEMBER: