Thursday, May 24, 2012

You've Been in an Accident: Now what?

Welcome to the Auto Accident Blog prepared by the Law Offices of Robert Paysinger, P.C.



The purpose of this blog is to constantly provide updated information on the best procedures you can take if you have been in a car accident. We welcome any questions, comments, or concerns from our readers, although we must provide a disclaimer that we cannot provide legal advice over the internet. 

Getting in a car wreck can be one of the most life changing events that can happen to someone. Not only are property damage and injuries a common outcome of car accidents, but also the personal and emotional trauma that comes with an accident can be equally severe.

If you are in an auto accident, there are several different methods of action to pursue. Calling 911 and/or the police is the first step, and is also essential. However, there are varying instructions regarding the next step depending on who you listen to. 

Insurance companies are businesses who make a profit off of paying the least amount of money that they can on each claim they receive. A personal injury attorney, however, is paid by obtaining the maximum amount of money possible for a client who has been injured. As a result, their recommended procedures differ significantly. Here is an outline for a course of action after an auto accident as provided by Denver Personal Injury Attorney Robert Paysinger:


DOS AND DON'TS IF YOU ARE IN AN ACCIDENT

  • Don't discuss fault with anyone.
  • Don't give ANY statement to the other person's insurance company.
  • Don't deny any injuries you may have suffered.
  • Don't be brave and courageous and sit at home in pain. Go to the doctor or emergency room if you are hurt.
  • Don't delay in seeking medical care.
  • Don't miss doctor's or therapy appointments.
  • Do contact the police immediately if you are in an accident involving an automobile, motorcycle, truck, bicycle or pedestrian.
  • Do take pictures of the scene and any visible injuries.
  • Do report the accident to your insurance company and obtain a copy of your policy.
  • Do locate and get the names, addresses, and telephone numbers of any witnesses.
  • Do keep track of all of your damages, medical bills loss of earnings or any out-of-pocket expenses.
  • Do save you all of you medicine bottles, casts, neck braces or other medical devices or appliances.

These suggestions differ in subtle but significant ways from what an insurance company suggests. Let's take Geico for example:

    1. Be Safe

    • Move your car to a safe nearby location, but be careful not to leave the scene.
    • Check to see if anyone is hurt. Call 911 for medical assistance.
    • Contact the police. They will let you know if an officer needs to be present at the scene.

      2. Stay Calm

      • Don't panic – remain calm and polite
      • Do not admit fault
      • Cooperate with the police

      3. Exchange information

      • Collect contact information for anyone who was there, including other drivers, witnesses, and the tow company if your car is towed.
      • Obtain police report information
      • Collect information about all vehicles involved:
        • Year, make, and model
        • License plate number
        • Insurance carrier
        • Insurance policy number
      While the differences may appear to be very subtle and even negligible when examined ostensibly, there are important reasons why each of these two lists are worded in the way that they are. One of the primary reasons is that the insurance company is attempting to minimize the amount of money it disperses per claim, while an attorney is trying maximize the amount of money received.

      For example, lets examine one of the key aspects in terms of significant differences between these two lists. On Geico's list, it instructs the driver of a car wreck to "Call 911 for medical assistance" but only after making sure that someone is "hurt." In contrast, the list provided by a personal injury attorney implores the person to seek medical care immediately, and to follow up and attend all therapy and follow up sessions. This is because if the insurance company is able to confirm that one of their clients missed a therapy session or neglected to seek medical attention immediately, then they are able to reduce the total of their offer.

      If you live in the Denver area and you have been injured in a car accident or slip and fall, or you were injured on the job and you would like to speak to an attorney, feel free to call the Law Offices of Robert Paysinger, P.C. at (303) 279-9221 or find us on the web at The Law Offices of Robert Paysinger, P.C.