Car accidents can be a very traumatic experience; they can leave you with physical injuries and emotional distress, but also significant financial stress. I am a solicitor who has represented many accident victims and I can attest to the aftermath of a collision that turns lives inside out.
Many people do not know that there are things you can be doing right after an accident and in the days to come that will affect how much money you get down the road. Unfortunately, from the business standpoint that insurance companies then are first and foremost is as a place to which those potential losses must be minimised, if not outright off-loaded.
If there is one underlying theme with insurance companies, it is to resolve cases for as little as they can get away with — at the expense of often taking advantage of individuals who are vulnerable, injured, and may not know everything that is involved in the legal process. The information contained in this guide will help you prepare so that ownership of the results remains with you and recovery is maximised.
Car Accident, Know Your Rights
If you were in a car accident that was not your fault, then you have the legal right to compensation for your injuries. This rule, called the tort rule, entitles you to assert for compensation from the celebration at issue in trigger your injuries. You might have a basic idea of your rights, but that is only the first step — what really separates the commuted claims from the poor settlements is knowing how to effectively assert those rights.
There are two main categories of the compensation which you may be entitled to: special damages and general damages. Special damages refer to the quantifiable financial losses such as medical expenses, lost earnings, travel costs relating to medical appointments or the cost of care assistance on which you have incurred a monetary expenditure. Compensatory damages are generally pretty easy to calculate because these are the genuine monetary losses that you actually paid or will need to pay for due to the accident.
On the other hand, general damages are designed to compensate you for non-financial losses such as pain and suffering, loss of amenity and disruption to your quality of life due to injuries sustained. These damages are less tangible and relate to what you can do and how your injuries have impacted upon your lifestyle which is slightly more difficult to assess. Clearly, the calculation of general damages depends largely on case law and the guidelines in force, and as such considerable legal expertise is needed to ensure that you receive a fair level of compensation.
The all-important first steps: Documentation you can take at the crash site
The moments after a car accident have huge implications for the strength of your compensation claim. The things you do during this period can have a big impact on the resolution of your case, but accident victims are often stressed or hurt and not really thinking about evidence collection. Provided you are physically capable, there are numerous important actions you must take to protect yourself legally.
Initially, make sure you are safe as well as others involved in the accident. If anybody is in immediate need of a medical doctor, do not hesitate to ring 999. After reaching safety, start to document the scene completely. Extensive photographs including positions of vehicles, damage, road & weather conditions/tcj markings or hazards—All Mobile Phones
Photograph the broader scene as well – skid marks, debris, broken glass and any other physical evidence will be important for an accident reconstruction expert to help show how the accident happened. If a MdTA Officer is not called to the scene, do not move involved vehicles or property and take up-close photos of damage on all vehicles noting both obvious as well as any subtle marks of contact that are not readily visible. They will be pivotal in establishing liability and assessing property damage.
A fairly important step is to collect information of the other parties involved in the accident. Swap names, addresses, telephone numbers, insurance company information, policy numbers and driving licence details with the other driver(s). If there are passengers in any of the vehicles, get their full contact information and they could act as valuable witnesses to what occurred prior to/during the crash.
As to witnesses, finding and getting testimony from neutral witnesses can be gold for your case. Make sure that there are no pedestrians, surrounding motorists who stopped or individuals in buildings nearby who witnessed the accident. Get their contact details and if you can, get a short written statement about what they saw. There are often many members of the public willing to assist, but they will leave soon after the incident so act quickly to obtain their views.
The best response there is to have a courteous conversation with the other driver (“I hope you´re OK”, etc.), but do not accept blame or say things that could be construed as admitting fault. For instance, be careful with — and politically correct in your use of — phrases such as “I’m sorry” or “I didn’t see you”, which have a way of being twisted into something that can be used against you later. Use factual elements about what occurred, devoid of making assumptions as to why the accident may have resulted.
Medical Records: The Foundation of Your Case
Going to the hospital after a car accident leaves your case with two essential things — checking on your health and establishing the medical records required to fuel your claim for compensation. Even if you feel okay right after the accident, it’s a good idea to see a medical provider. The initial shock and the release of adrenaline can diminish any pain or injury, licensing you to leave the scene before injuries like whiplash or soft tissue damages have presented symptoms.
Make it a point to mention all symptoms, no matter how minor or seemingly unconnected as honestly and thoroughly as you can when you head to the GP / A&E/ walk-in centre. Explain as well all your pain even if it is not from the actual physical damages, for instance you might have discomfort, stiffness or headache with dizziness and emotional elements. In order for healthcare providers to provide the right care, and for medical records to be correct, they need a full view of your condition.
Document everything
When you make a claim, you need to be able to prove your medical expenses and related costs. This could mean trips to the GP, hospital appointments, physio sessions, specialist consultations and any other kind of treatments like osteopathy or chiropractic care. You should ask for copies of all your medical records, test results and treatment notes because those documents will be critical to proving a claim for compensation.
And do not wait for a little pain to spiral into more pains and serious injuries before attending further treatment sessions,everything helps. Insurance companies frequently set researchers on medical files to locate periods without treatment or where a hurt claimant did not follow medical advice. These gaps can be exploited to suggest that you were not really as injured as you claim, or that you did an inadequate job of trying to get better.
Make sure you know how long your course of treatment is going to last (more than one day, I promise) and what you can expect for the price. This information is critical when developing your special damages claim and confirming that you do not seek an early settlement without learning the full scope of injuries and treatment needs.
More on the insurance mines: Know how insurers work
Insurance companies use elaborate methods to devalue claims of those injured in accidents. Knowing these tricks and what signs to look out for is critical in order either stay protected or, at the very least, make sure you get what you actually deserve due to the damages done. This is typically done by contacting injured accident victims early on, at times just hours or days after the crash occurred and before people in pain realize what happened to them.
When the first few contacts take place, ostensibly-friendly insurance representatives may tell you that they are sorry or that your case needs to be resolved as soon as possible and before a lawyer ever gets involved. These foreclosure rescue scammers will offer you what looks like a good deal, and stress how easy this is compared to going through a long claim process. Nevertheless, these preliminary settlement offers are nearly always too low what your real claim is worth, and agreeing for such a proposal typically means you cannot get more compensation later on– even if your injuries end up being more severe than how it seems at first.
Insurance companies have one over on you because they use a lot of tricks that are meant to make YOU look less credible and make your claim state nothing but the truth. It may hire private investigators to hold claimants under surveillance in order to find activities which are inconsistent with claimed injuries or limitations. We know from fitness trackers that they all capture lots of information about how and when we move and use this to help establish our routine activity levels, so it is perhaps not going to be a shock if insurers are using social media as an indicator if what they have been told matches their understanding.
Another tool often employed is to request a large volume of medical records, sometimes for years prior to the date of the accident. Officials say insurers use such information to claim today’s aches are from pre-existing conditions and not the accident at hand. Pre-existing conditions, on the other hand, will not stop you from claiming conciliation but they can make the evaluation of damage messy and paint a target on your back for the insurer to minimize their settlement offers.
Another weapon in the insurer’s armoury is the use of independent medical examinations These doctors — paid by the insurance company — also conduct independent medical examinations that nearly always lead to reports that downplay your injuries or insist symptoms aren’t a result of the accident. Even if you are required to go — and they generally make you, independent medical evidence prepared by a doctor of your own choice is critical if you need to fight one-sided or exaggerated reports.
When you Need Help from a Personal Injury Solicitor
When you should Get a Personal Injury Solicitor can make all the difference to your claim. In a minor claims it can be quite manageable to manage the process by oneself, but given the complexity of personal injury law and the machinations of insurance companies one is best off with professional legal representation in cases involving substantial injuries or disputed facts.
If your accident included serious injuries which needed hospital care, there is disagreement between you and the other driver as to fault for the accident, more than several vehicles were involved or the other driver has either no insurance or took off from an accident scene. In particular, if you have insurance companies rushing you to accept a fast settlement or are not sure what your credit is worth so a solicitor can be useful as he will advise and protect.
In reality the advantages of hiring an accident lawyer far outweigh just getting someone to fight with insurance companies. Personal injury solicitor need to be experienced in order to appreciate the true worth of every type of injury and your solicitor should ensure that not any element of failure is related. They typically have their own network of medical experts who can conduct impartial reviews of your injuries and prognosis, and they know all of the complicated legal principals surrounding how a compensation settlement is determined.
An experienced solicitor will also guarantee that your claim is put forward as strongly as possible and with all available evidence in relation to every part of the case. They can spot and chase up on heads of damages that you might not think about, like the cost of future care, loss of earning capacity or the need for aids and equipment to help you deal with ongoing disabilities.
Determining the Actual Value of Your Claim
Determining the value of your claim is complicated and calls for a full comprehension of how your injuries will play out now and in the future. Commonly an accident victim will listen to the promises of the claims representative who tells them they will not need an attorney or they should hire a law firm that practices in 6 areas of practice without paying attention to the long term affects their injuries my have; we see this all too often.
It is essential to maintain detailed records of all expenses in order to calculate special damages, and anticipate the needs for future expenses. At present, it is easy enough to determine what medical expenses have already been incurred but future treatment, rehabilitation, and on-going care costs are more difficult to forecast. Compensation for lost earnings—if your injuries have prevented you from working, the award available should also include future earning capacity and career progression that fails due to your accident-related injury.
Remember well, small expense in your life that illuminates so good but can say accumulate nice investing a good amount over a period. Special damages can also include the cost of traveling to your medical appointments, expenses for medication (prescription charges, over-the-counter medications), as well as aids and equipment. You may also be eligible to receive compensation for in-home services if your injuries have limited you from being able to perform certain household tasks or care for family members.
Pain and Suffering
General damages for pain and suffering are much harder to gauge; generally, we take into account the severity of your injuries, the extent of your pain and discomfort as well as how that has impacted on your daily life. These are the Judicial College Guidelines which can be used as a starting reference for what is known as general damages. However every case and claimant is different so they will only provide one ‘strand’ in the complaint picture.
Do not underestimate the psychological impact that your accident and injuries can also have on calculating the amount of a claim. Depression, anxiety and posttraumatic stress often can arise in an elusive way for accident victims followed by a car crash, which will heavily impair their quality of life and ability to keep working. Make sure they write down and address any mental health symptoms–this is part of your damage claim as well.
Insurance Companies: Winning Tips on Negotiation
Negotiating with insurance companies takes time, preparation and knowing the value of your claim. Insurance adjusters are experienced negotiators who process claims on a regular basis, and they know exactly what to look for in finding out weaknesses in cases that can be used against you to justify lower settlement amounts. Having a strategy going in and realistic expectations are vital to any negotiation.
Obtain a full understanding of your injuries and how they can potentially affect you down the road before entering into any negotiations. Settling before you have fully recovered, as well as before the full extent of your damages has manifested itself, may lead to settling for less than what is necessary to cover those true needs.
Be as detailed with documentation supporting every aspect of your case when you present your claim to the insurance company. Medical records, loss of income wage records, all expenses that have been incurred and proof of your new limitations on an every daily basis. The better and more professionally you present your claim, the more likely that you can get a fair initial offer.
Expect the first offer from your insurance company to be many thousands of dollars less than what you will have on your claim. This is par for the course in the industry, so you should always take time to review and ideally consult a professional before settling on that first offer. When you turn down a low offer, make certain that your rationale is blatantly obvious as to why the figure does not work and also put forth more data solidifying your side.
Document all conversations with the insurance company will be helpful during negotiations. Retain copies of correspondence and notes from your telephone conversations, including details of the date, time when you called, and the full name of whoever you spoke with. While it seems unnecessary at the time to create such a detailed document, having it could save headaches later when facing disputes around what was said or agreed upon.
Top Mistakes and How to Avoid Them
Even unintentionally, most of the accident victims harm their own claims with silly moves that an insurance group uses to its advantage as soon as viable. Knowing the common pitfalls and how to avoid them can greatly increase your chance of getting a proper compensation amount for your personal injuries and damages.
Giving recorded statements to insurance companies without proper prep, or even being recorded at all is one of the most damaging mistakes you can make. Remember, insurance adjusters are well-trained to ask leading questions; that is, they ask questions designed to get you to say things that can be used against you in a subsequent claim reduction or denial effort. If anything, give a brief statement to that effect and without any conjecture as to the cause of the accident or the severity of your injuries.
A further risk faced by personal injury claimants in maintaining social media activity. Insurance companies are constantly watching claimant social media accounts for anything that they can find to dispute claimed injuries or limitations. Even everyday photos of runs, back when you could run hurt (sort of), or at social events make it look like you are doing fine and can be used against the fact that your injuries might not be very severe. If you must post anything be VERY CAREFUL, your privacy settings will never protect you fully so that is something else to keep in mind.
Ignoring medical advice or not showing up for appointments can be a deathblow to your claim. Insurance companies say if treatment is delayed or the claimant does not do what they are supposed to for recovery and therefore the injuries cannot be too severe while also alleging the claimant did not mitigate his damages. Even if you are feeling better, or need to take time out of your schedule to attend treatments, make sure that you follow through and complete advisable treatment plans even when you are scheduled for a check-in.
A common mistake is entering into without prejudice settlement negotiations or accepting interim payments without appreciating the potential consequences to your final claims. Interim payments can often be very welcome but by accepting these you could affect your ability to claim further compensation in the future particularly if your injuries turn out to be more serious off than was initially thought.
Settling In — What to Expect
Even the personal injury settlement process can be complex and time-consuming, stretching on for months or sometimes even years, especially when it comes to serious injury claims. Knowing what to expect can be the key to negotiating the process properly and planning your case accordingly.
The process usually starts when you file a formal claim against the at-fault party’s insurance. This is usually referred to as a Letter of Claim and takes the form of outlining the facts surrounding the accident, your injuries and an initial evaluation of losses suffered by you. The insurance company then has a certain amount of days to investigate the claim and respond back with either admitting liability in the beginning, denying the liability, or needing more time.
Once liability is admitted or proven, the step you will have to take involves calculating your damages. This stage includes compiling detailed medical records, work history and any record of damages and expenses. The insurance company could ask you to submit to an independent medical examination, or they may even send their own experts to evaluate different factors of your case.
Once all of the necessary evidence has been collected and your injuries have stabilised, formal settlement negotiations will commence. This is a give & take process where each side makes and backs arguments regarding their position with offers, rounds of counteroffers etc. The process is usually a long one — weeks or months, with multiple go-rounds of offers being made, declining and eventually reaching some kind of agreement that both can live with.
The next step can be filing court proceedings in case the settlement negotiation does not lead to an acceptable outcome. Still, most personal injury claims are resolved before a trial is necessary, as neither side wants to risk the uncertainty and expense of prolonged litigation.
Conclusion
Driving after a car accident and pursuing a personal injury claim are two tasks that can seem daunting, especially in the days immediately following an accident when you may be injured or under financial pressure with all the stress of recovery. Still, if you know your rights and that type of evidence to gather and what kind of tricks the insurance companies can use will greatly boost your odds for a fair compensation for what you have lost.
Proper preparation, detailed documentation and negotiation have a significant impact in maximizing your payout. After the crash, you should operate each action under the premise that at some point in the future, you may have to prove your case to insurance adjusters who are interested in keeping their company’s exposure as low as possible.
Insurance companies are not your friends in this, despite their saying that they want to help you. The purpose of such entities is not to look out for the victims in accidents, but rather to protect the interests of their shareholders. Lowball settlement offers, settlement pressure tactics and efforts to hurt your credibility are just a few of the common practices designed to lower their financial exposure.
When you seek professional legal representation in your time of need, it can help level the playing field during a claim and guarantee your interests are looked out for throughout. While you can manage smaller claims on your own, most substantial injury claims are far too complex for an inexperienced person to handle.
Above all, remember to take your time, do not feel compelled to settle for substandard rates because of desperation or convenience. You deserve to be compensated for your injuries and how they affected your life. Before anything else, it would be necessary to apprise yourself of all the damages that you have suffered, and gather a complete set of evidences in support of your case so as to negotiate on a strong foot on the basis of adequate preparation and realistic valuation.
Recovery after a car accident can be a long and difficult process, but with the right strategy and support, you can get the money you need to put your life back together again. The decisions you make in the weeks and months after your accident could just determine your future wellbeing, so make them count.