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WHAT TO DO WHEN YOU'RE IN AN ACCIDENT
When you're
HURT
in an accident, dial 911
then dial 1-800-HURT-911
® the
Accident Assistance LineK
(Attorney Advertising)
HURT-911® Presents
the following advice for accident victims:
Stop
- Failure
to stop after an accident is a felony if someone is injured. Failure to
stop after an accident is a misdemeanor if no one is injured and there
is only property damage.
CALL
911
- Report an accident and advise if anyone is injured. Take an
ambulance to the hospital if you are injured.
Safety
- If you're not injured, protect the scene with flares if possible. If
your car is on a street with fast moving traffic, wait for the police
outside of your car, off the road and on the side away from your car,
just in case your car is struck by another car. Do not stand in
front of your car and do not stand with your back to the traffic. Police
- Insist that
a police accident report is made when the police arrive; cooperate
with the police but do not make admissions or give opinions. If
there are any witnesses on your behalf, get their name, address &
telephone number and ask them to give a statement to the police officer.
Get a Police Accident Report #.
Identification
- Get
the name & address of all other drivers and registered owners of all
other vehicles involved in the accident. Also get the license plate
numbers, VIN (Vehicle Identification #) and the state of registration
for all other vehicles involved in the accident. If a 2 piece truck
is involved in the accident, get the license plate number, VIN & state
of both the cab and the trailer.
Take
notes -
to help you remember all of the facts leading up to the accident.
CALL 1-800-HURT-911
or
Submit Your Accident Info for a Free Evaluation or
click here to
Find
an Attorney
at
HURT-911® and protect
your rights, if you are injured. You
should also see a doctor as
soon as possible after
the accident.
For Both
Motor Vehicle AND All Other Types of Accidents:
Why you
should see an attorney immediately and not wait?
After an accident, there are
many forms claim notices which have short time deadlines
to file, some of which may be only a number of days. Only an experienced
personal injury lawyer knows how to fill out and file the forms and claim
notices correctly. These forms should be filled out and filed by
your attorney. For instance, you may be required to file an accident
report with the Department of Motor Vehicles within days of the accident,
if someone is injured or if there is substantial property damage. This
form will usually be sent to you by your insurance company. You
should give this form to your attorney to assist you in completing it.
If you are injured in a No-Fault state, you must file a notice of
claim and an application for No-Fault benefits with the No-Fault insurance
company within days of the date of accident (your attorney should do this
for you). If a municipality may be liable for any part of your injuries,
(such as improper road design or a missing sign) you must file a notice
of claim with the municipality, usually, within 90 days of the date of
accident (your attorney must do this for you). The insurance company
for the person(s) responsible for your injuries should be immediately
notified by your attorney of your claim, since failure to do so can
allow the insurance company to decline coverage. For all of
these reasons, it is vitally important for you to call 1-800-HURT-911
® to speak
with an attorney as soon as possible after your accident so that your
rights can be protected. CALL 1-800-HURT-911
or
Submit Your Accident Info for a Free Evaluation or click here to
Find
an Attorney
at
HURT-911
®
Things that must be done with time sensitive deadlines (A lawyer at 1-800-HURT-911
can do this for you):
- Notify your insurance company: MUST BE DONE
IMMEDIATELY
- Begin investigation: MUST BE DONE AS SOON AS
POSSIBLE
- File Accident Report with the Department of Motor
Vehicles (car accident): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
- File No-Fault Claim (car accident - if applicable):
USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
- File claim for Lost Wages: USUALLY MUST BE FILED
WITHIN A NUMBER OF DAYS
- File claim for State Disability: USUALLY MUST BE
FILED WITHIN A NUMBER OF DAYS
- File Notice of Claim (if applicable): USUALLY 90
DAY DEADLINE
- File claim with all defendant insurance companies:
SHOULD BE DONE WITHIN DAYS OF ACCIDENT
- File claim with State insurance fund for uninsured
drivers (car accident): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
- File SUM/UM claim (car accident): USUALLY MUST BE
FILED WITHIN A NUMBER OF DAYS
The insurance
company will protect itself; What should you do to
protect yourself?
Do not
- speak
with anyone except your own insurance company and your attorney. Oral
statements are admissible evidence and can be as damaging as written statements.
Refer all inquiries directly to your attorney. Do not discuss details
of how the accident occurred with your doctors. Simply tell your
doctors that you had a car accident or fell on stairs, etc., without discussing
how the car accident happened or what caused you to fall, etc.
If you have obvious
bruises or substantial damage to your car, take pictures with a 35mm camera.
If you use a digital camera, be sure to also use a 35mm camera.
If you do not have a 35mm camera, let your attorney know so he/she can
arrange to take the pictures.
It has become common
for insurance companies to hire investigators to question your neighbors
and friends and to follow you for the purpose of taking pictures. Notify
your attorney if you hear of any inquiries being made to your neighbors,
friends or family regarding your condition.
Be sure to keep
and be on time for all doctor and therapy appointments. You should
know that even if you are in a lot of pain, the only way you can be entitled
to receive money for your injuries is to document your injuries by seeing
your doctors and therapists at the appointed time. Every time you visit
a doctor, you should tell the doctor if and where you have pain, even
if you have told that to your doctor many times before. Every missed
doctor's and therapy appointment will damage and devalue your case.
This is important because, without continuous medical treatment, your
attorney will not be able to prove to a jury that your injury is serious
and still causing pain. If your case does not go to trial and is settled
earlier, the insurance company will offer to settle only on the basis
of what they believe you could prove to a jury at trial. It
is vital to your case that you let your attorney know when you are no
longer being treated for your injuries.
Keep a precise record
of every expense that you incur as a result of the accident and obtain
receipts for all expenditures, (i.e., taxis, prescriptions, doctors, etc.).
If in doubt about any particular expense, keep a record of it. Forward
a copy of the receipts to your attorney. Ask your attorney about
how and when to forward receipts to an insurance company for reimbursement.
CALL 1-800-HURT-911
or
Submit your Accident Info for a Free Evaluation or click here to
Find
an Attorney
at
HURT-911
®
Download a free emergency contact template Word document
Questions to ask when hiring a lawyer
Minimize neck & back pain after an
accident! Before you HURT see: Treatment
of Injuries and see a doctor
immediately!
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