After a car or truck
accident it can be hard to keep track of everything that has to be done to
recover and move forward, especially if the accident involved severe injuries. Unfortunately, even though you or someone you
love is the victim, not everyone is on your side. The insurance company you have to deal with
for the negligent driver may try to pressure you into accepting a quick
settlement or into making statements that could later damage your case. With so much at stake, it is important to
keep a few simple rules in mind when dealing with an auto accident case.
How to Avoid Ruining Your Auto Accident Case
If the other driver suggests that you don’t get
the police involved, don’t listen.Even if the other driver seems nice and apologetic and has openly
admitted guilt, you should always call the police. Unfortunately, what often happens is that
that nice driver will turn on you later, and claim that they never
admitted liability and may even claim that you were at fault. With no police report, you are stuck in
a “he said, she said” situation which means you could end up with a big,
fat nothing for your injuries.
Make sure you get the names and contact
information of any witnesses. Don’t
get distracted by the other driver, who may be trying to keep you from
recording this important information.Without witnesses, you won’t have much of a case. Remember, in court it could come down to
your word against the negligent driver, and the more witnesses you can
line up on your side, the better.
Always, always get immediate medical care. If you don’t, the insurance company for
the negligent driver can easily argue that you must not have been injured
– otherwise you would have sought care immediately. Nothing backs up your injury claim
better than having proof in the form of a doctor’s visit. Don’t play into the hands of the
insurance company – make sure you and the other injured people in your
vehicle are taken care of immediately.
Beware of insurance companies that ask you for a
recorded statement – they’re hoping to get to you before you hire a lawyer. Rarely does anything good come of
this. The insurance company is
hoping that you will “slip up” and they’ll be able to prove that their
driver was not at fault, or that you somehow share the blame. Even if you are 100% the victim and it
seems crystal clear to you that the other driver is at fault, don’t give a
recorded statement.
In cases when it is clear that the other driver
was at fault, their insurance company may offer you a quick
settlement. While this may be
appealing – and might be tempting in simple cases with minor injuries –
never accept a quick settlement for serious accident cases. Insurance companies know that serious
injuries or fatalities can result in large payouts, and they will do
everything they can to avoid paying up.Not to mention, these quick settlement offers are often
ridiculously low and unfair to the victim.Before you accept any deal in a serious auto accident case, it’s a
good idea to speak with an attorney.
Questions for the Insurance Company
If you’re involved in a
serious auto accident where the other driver was at fault, you are likely to
hear from the driver’s insurance company in short order. Not only will they want to contact you (see
above) but they may also have investigators on the accident scene surprisingly
fast. For serious accidents, it isn’t
unusual for insurance investigation teams to beat the police and medical teams
to the scene!
The insurance company is
always looking for ways to make the case against your claim. In order to make sure you aren’t being taken
advantage of, there are questions you can ask the negligent driver’s insurance
company so they know that you mean business.The way they answer these questions will give you a clue as to how
honest and straightforward they’re being with you.
What are the liability limits for the driver
that caused the accident?
Can you send me a letter that confirms in
writing that you are accepting full responsibility for the accident on
behalf of your policyholder?
Can you also confirm in writing that you will
pay all medical bills, lost wages, and compensate for pain and suffering?
Can you provide a written statement from the
driver at fault admitting that they caused the accident?
Can you send me a copy of the claim file so I
can see all the details of the accident?
If you are fed up dealing
with a negligent driver’s insurance company or if you’re concerned that you
aren’t being treated fairly, then you should speak to an attorney. The Virginia
based attorneys at Dulaney, Lauer, and Thomas, LLP want to help make sure you
get the compensation you deserve. If you
or somebody you love is unfortunate enough to be involved in a serious auto
accident, truck
accident, drunk
driving accident, or motorcycle
accident our law firm wants to help.Please contact
Dulaney, Lauer, and Thomas to discuss your case for no cost and no
obligation.
DULANEY, LAUER & THOMAS, LLP
Warrenton Office 98 Alexandria Pike, Suite 11 Warrenton, VA 20186 Toll Free: 888.907.2631 Local: 540.349.2631
Culpeper Office 209 N. West Street Culpeper, VA 22701 Toll Free: 800.741.1012 Local: 540.825.6046
