SEVEN DO’S AND DON’T DO’S AFTER A CRASH
Not many of us remember phone numbers anymore. We don’t need to. But back when I was a kid (when dinosaurs roamed the earth), we had to. Research showed that most people could generally remember up to seven numbers. Hence, phone numbers being seven numbers.
You’ve just been in a crash. Your adrenaline is pumping. You’re nervous. But, there are things you need to do in order to document the information for the insurance companies and, if you need one, your attorney. There are also things you don’t want to do which will come back to bite you no matter how innocent they may seem. These Seven Do’s and Don’ts might not always be possible- for instance if you are seriously injured and are taken to the hospital from the crash scene. But, these will apply to the vast majority of crashes you may be involved in. Taking these basic steps will help down the road if you are unfortunately injured and need to make a claim.
DO:
1. Take a deep breath and collect yourself.
2. Check and see if you or anyone else is injured. Even if you didn’t cause the collision be a good person and ask the at fault party if they are OK or need medical assistance. If you feel you need medical attention- get it! Even if you don’t believe you need to take an ambulance to an emergency room go to a local quick care if you feel you need medical attention.
3. If there are independent witnesses get their names and contact information. It does no good to have some one say “I saw this, it was the other guy or gal’s fault” and then not be able to contact them when the insurance company is blaming you.
4. Before moving the vehicles take pictures of how and where the vehicles came to rest.
5. Get the other person’s name and insurance information. Get photos of their licenses, insurance card, and registration. Also, give them your information. The law requires you provide your information even if you are not at fault.
6. Once the cars are moved, get additional pictures of the property damage to all vehicles involved.
7. Call 911 if you feel the police should investigate. Not all crashes may necessarily need police involvement. But if you feel it does, call. Don’t let the other party talk you out of it. If the police did not come to the scene, go to your local police station as soon as practical and fill out a report of accident. It is important to document what happened.
DON’T:
1. Be rude to the other driver. Don’t engage them if they are being rude to you. Don’t swear at them, call them names, or otherwise act like a jerk. First, it isn’t nice. Second, everything you do and say is potentially evidence.
2. Talk to the at fault driver’s insurance company or give them a recorded statement. Their only job is to try and gather evidence to show you are not hurt or that the crash is your fault. And the truth is they are good at it.
3. Post on social media about the crash, your injuries, or lack of injuries. Don’t post “I was just in a crash and I am about to get PAID” (yes, a former client actually posted that once). The insurance company is going to look you up immediately on all social media platforms. The only thing more harmful to your claim than gaps in treatment or lying about prior crashes, pain, and/or treatment are stupid social medial posts.
4. Lie about anything. If you go to a doctor after the crash be honest about your medical history. If you already had back pain before the crash, don’t tell them you’ve never had back pain. If the crash made the pain worse, tell them the truth. If you are thinking “I wonder if the doctor needs to know this or should I disclose this” the answer is YES!
5. Commit to see an attorney if someone shows up and says: “Hey, I say all of this. And, I know an attorney who is really good. They got me $1,000,000. How about we go there now. I’ll drive you. You can fill out the paperwork on the way.” Or, if the tow truck driver pulls you aside and offers you the information of an attorney “that helped me out and got me a lot of money.” If this happens get the name and contact information of the person who approached you and the name of the lawyer and thank them for the information. This is called capping. It is illegal and unfortunately happens A LOT here in Las Vegas. Call the Nevada State Bar (702 382-0504) and let them know it happened.
6. Wait to see a doctor if you are hurt. Some injuries might not show up for 24-72 hours. Maybe longer. But, once they show up don’t wait to go to a doctor. First, this is your health. Don’t mess around with it. Second, the longer you wait the more likely the insurance company and eventually an arbitrator or a jury will believe you aren’t hurt.
7. Don’t assume just because the other person says “it’s my fault” or that the police give them a ticket that their insurance company is going to agree. Insurance companies deny liability (fault) all the time even though the driver they insure admits it. That is why it is so important to take pictures at the scene. How the cars came to rest, what lanes there are in, the property damage, the surrounding area. These photos will help down the line.
Hopefully, you’ll never need to follow any of these steps. But if you are involved in a crash please understand that everything you do, and don’t do, is going to be scrutinized by someone. Whether or not you have photos of the scene, wait to get treatment, or take the time to accurately relay your medical history all can have a serious effect on your claim. Don’t give the insurance company any more advantages than they already have be not doing the do’s and doing the don’t do’s.