Jun3Written by:Bob Cohen
6/3/2010 5:35 PM
An auto accident can dramatically change your life. You could be injured and/or in pain for a very long time. You must deal with the insurance company. You may miss work. And not least of all, your car needs to be repaired at once.
To assist you through this challenging time, here are a few facts that can help protect your legal rights as well as save you time, money, and frustration.
Remember: If you’re in an auto accident, you have the right to seek legal representation.
Myth 1: If you think the accident was your fault you should tell the other party at the scene.
Fact: What you say at the scene can affect your case. Do not get into a long discussion of the accident with the other party. When safe, exchange contact information and do not volunteer any information about who was to blame for the accident. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are. You should first talk to your attorney. Anything you say can be used against you later.
However, be sure to cooperate with the police officer investigating the case. But, stick to the facts. Do not agree to pay for damages or sign any paper except a traffic ticket
Myth 2: Passengers in auto accidents can’t bring a claim against the person who hit them.
Fact: If you’re a passenger in an auto accident you can file a separate lawsuit against the party responsible for the auto accident. Your attorney can help you get monetary compensation, medical treatment, and lost wages even if the driver of the vehicle you were in is uninsured or at fault.
Myth 3: If you’re injured in an auto accident you should always call the insurance company first.
Fact: You hear it all the time, “If you’re in an auto accident, call your insurance company right away.” And while it’s true, advising your insurance company of the accident is mandatory; calling them first may not be the best move.
Insurance companies record these calls—anything you say can and will be used to determine your claim. After an accident you’re probably unsettled and upset. You may say things that actually damage your case, limiting the amount of money you get to repair your car or your final monetary settlement. And once you’ve said something, you can’t “take it back.” A smarter option is to have your attorney make the call for you. He or she will stick to the facts of the situation and leave emotion out of the conversation. Remember, an attorney is your ally, your advocate, and is there to protect your best interests at all time.
Myth 4: You have weeks to file paperwork on your accident with the DMV.
Fact: A thousand things run through your head after an accident. You’re concerned about your health, missing time at work, getting your car repaired. Paperwork is probably the last thing on your mind. Don’t let it be. California law requires traffic accidents on a California street/highway or private property to be reported to the DMV within 10 days if there was an injury, death or property damage in excess of $750. You can download an SR 1 Report of Traffic Accident form by simply clicking here.
Don’t let weeks go buy before you contact an attorney. Getting an attorney to work for you as soon as possible after your accident will help protect your rights, help maximize your monetary compensation, and will make the entire process of dealing with the insurance company go smoother.
Myth 5: If you get in an accident it’s best to settle the issue on your own with the person who hit you.
Fact: Let’s say you’re in an accident that appears to be the other driver’s fault. If the driver offers a settlement on the spot, do not accept! The damage to your car and you may be far more than you realize and what you’re being offered. Today’s cars are very complex, and what may look like a little fender bender could mask extensive and costly internal damage to your vehicle. While you may feel fine in the first few moments after the crash, the physical affects of the accident may become apparent later that day or even the next day.
While it may be tempting to accept payment on the spot and to sign a statement that closes your claim, don’t do so without consulting an attorney. A harmless looking form may include statements in which you agree not to make any claims against the other person, or in which you accept liability for the accident. An attorney will review the document and make sure you’re not giving away any of your legal rights or accepting fault.
I hope these facts help you. In the coming weeks I’ll share five more facts that are important for anyone injured in an auto accident.
Robert M. Cohen
Attorney at Law
Attorney Member, Walker & Walker Attorney Network at 1-800-THE-LAW2