Los Angeles Personal Injury Lawyer
Our firm will represent you on a contingent fee basis: No attorney fees unless and until we obtain a settlement or verdict in your favor with respect to tort related matters.
A Legal Guide to Automobile Accident Claims
Presented as a public service by pollockLaw.com.
What to do in Case of an Automobile Accident
If you have the misfortune to find yourself the victim of an accident involving injuries or property damage, and the collision is the fault of the other driver, there are simple guidelines you should follow. The following steps will help you avoid problems with law enforcement and insurance companies and assist you in obtaining full and fair compensation for your injuries and damages. These guidelines, however, are not intended as specific legal advice nor as a comprehensive approach to dealing with all such incidents.
Stop your Vehicle
The law says you must stop your vehicle, whether the accident involves a pedestrian, a moving or parked car or someone’s property. If you drive away, you can be charged with “hit and run” — even if the accident is not your fault. Hit and run penalties are severe. Depending on the amount of damage or injury, you may be given a large fine, sent to jail or both. You could also lose your license. If you hit a parked car, try to find the owner. If you cannot, the law says you may drive away only after you leave behind your name, address and an explanation of the accident — and you must notify the local police or CHP/THP/WSP either by telephone or in person. Call the CHP/THP/WSP or local police if the accident caused death or injury. An officer who comes to the scene of the accident will make a report. If an officer does not show up, you must make a written report on a form available at the police department or CHP/THP/WSP.
Assist the Injured
Your first duty, after stopping your vehicle, is to check for injured persons and give reasonable assistance. For example, you may need to call 911 or flag down a passing car and ask for an ambulance or take the injured person to a doctor or hospital. Make the injured person comfortable, but do not move him/her unless you know what you are doing — you might make the injury worse. Good intentions on your part may result in further injury to the victim. To avoid additional collisions, try to warn other motorists that an accident has occurred. Placing flares on the road, turning on your car’s hazard lights and lifting the engine hood are good ways to warn oncoming traffic. Arrange to get help for any injured persons and try not to panic.
Do not Move your Vehicle
Unless your vehicle poses an immediate hazard to other traffic, it is very important that your car stay in the same position that it came to a rest after the accident. Ask the other driver to leave his/her vehicle in the same spot also. The single most important piece of evidence that the police officer has for determining fault is the position of the respective vehicles after the accident. Additionally, if your case goes to trial, your case may require an accident reconstruction expert, who will need to know the positions of the involved vehicles.
What Information Should I Gather at the Accident Scene
Many records are now confidential under the law and you may not be able to obtain all the information you need from the Department of Motor Vehicles. So be sure to get as much correct and complete information as possible at the scene of the accident. Insist on a police report. The first piece of information that the insurance company will want is the police report. In many cases, there are no witnesses, and you and the offending driver may have conflicting versions of the accident. If you do not have a police report, you may be seriously damaging your chances for obtaining full and fair compensation. If for some reason you believe the accident may be your fault, do not volunteer any information about whose fault the accident was. 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 talk to your insurance agent, your personal injury lawyer or both before taking the blame. Anything you say to the police or the other driver can be used against you later. Do not agree to pay for damages or sign any paper, except a traffic ticket, until you check with your insurance company or lawyer. A ticket has nothing to do with your guilt or innocence. When you sign, you promise to appear in court. If you do not sign the ticket, the police officer can arrest you. However, be sure to cooperate with the police officer investigating the case, but stick to the facts. For example, if you were driving 30 miles an hour, say so. Do not say, “I wasn’t speeding.”
If you are Injured, Tell the Police
The first record of your injuries will be contained in the police report. If you fail to mention to the police officer that you are injured, it may create a seed of suspicion in the mind of the insurance company who will ultimately be evaluating your claim. Ordinarily, the officer will ask you if you are injured. However, if he/she fails to ask if you are injured and assumes that you are all right, make certain that you tell the police officer that you are, in fact, injured.
Obtain Eyewitnesses
Often, by the time a police officer arrives at the scene, witnesses to your accident will be gone. Therefore, it is very important for you to immediately ask if there are any witnesses and if so, write down their names, addresses and telephone numbers.
Obtain Medical and/or Chiropractic Treatment
If you have been injured, both your health and your claim will suffer if you do not immediately seek medical attention. You could be injured and not know it right away. Go to the nearest hospital emergency room or your doctor. An injury, if untreated, may become substantially worse. As far as your claim is concerned, one of the first questions an insurance company will ask is when you first saw a doctor after the accident. If you fail to promptly seek medical attention, the adjuster may suspect that you are not genuinely injured and evaluate your claim accordingly.
Over the years, chiropractic care has gained increasing acceptance by insurance companies and injured parties alike. Currently, chiropractic care is considered one of the more enlightened and successful approaches to the treatment and management of neck and back soft tissue injuries. Recent health care research has indicated that injured parties tend to recover more quickly with prompt and consistent chiropractic care.
Report the Accident
First, you may need to call the CHP/THP/WSP or the local police. Second, report the accident to your insurance company. Ask your agent what forms you should fill out and to help you make other necessary reports on the accident. Third, you and the other driver must report the accident to the DMV within 10 days if:
- The damage to either car is more than $500
- Anyone is injured or killed in the accident
Do not Attempt to Settle your own Claim
If you have sustained an injury requiring follow-up medical attention, you should consult a personal injury attorney as soon as possible. Experience shows that an attorney will generally obtain substantially more compensation for you than you would be offered in settlement by an insurance adjuster, even after payment of your attorney’s fees and medical expenses. If you choose to accept a settlement for your bodily injury claim without seeking legal representation, you may receive a settlement that is grossly inadequate and which fails to fairly compensate you for your injuries and damages. In addition, you may do or fail to do something which jeopardizes your claim.
Do not Give Statements to Insurance Adjusters
A claims adjuster may often be assigned to your claim before you have been able to retain an attorney. This may occur within 1-2 days of the accident. The adjuster will request permission to take a recorded or handwritten statement. If you are contemplating hiring an attorney, you should never give a statement to any insurance adjuster, including one from your own insurance company. You may be seriously prejudicing your case without knowing it. Instead, tell the adjuster that you have decided to hire an attorney, and instruct him/her to refer all questions to your attorney. Additionally, you should not sign anything, including forms from your own insurance company, without first consulting an attorney.
Disclose all Prior Accidents
Once you have retained an attorney to represent you, you should be completely truthful and cooperative with your lawyer. Your attorney cannot adequately represent you unless you have provided all information regarding past injuries and accidents. At your first visit in the emergency room or with your doctor, it is very important that you tell the doctor about any prior injuries or similar medical conditions you have had in the past. Your failure to accurately relate your previous medical history could seriously damage your case. The insurance company or the defense attorney has the right to obtain, and will obtain, a complete copy of all of your previous medical records relating to similar prior medical conditions and injuries.
What Should I do About my Property Damage
If your vehicle has sustained damage, you may wish to have it repaired immediately. We highly recommend that you take photographs showing all damage resulting from your accident before having your car repaired. It is advisable to obtain 3 damage repair estimates or obtain prior approval from your insurance company.
Can I Afford to Hire an Attorney?
What if I Want to Make a Claim for my Injuries and Damages?
If the other driver was at fault, you may be entitled to compensation for your personal injuries, pain and suffering, medical expenses, property damage and other expenses such as lost wages or the cost of a nurse needed after the accident. If you plan to sue, do not delay. Contact our office immediately. There are time limits for filing various types of claims, so act quickly. Our experienced Personal Injury lawyer will represent you on a contingent fee basis…that is, our fees are paid out of what we recover for you. You pay nothing up front. We advance all costs as well and are entitled to reimbursement out of any recovery. If we don’t recover anything, you don’t owe us anything.
Mr. Pollock has over 40 years of experience in handling all types of injury related cases. He is a member of the Washington Bar, Texas Bar & California Bar Associations, as well as the Washington State Trial Lawyers Association, Seattle/King County Bar Association and the American Bar Association.
There is no charge for an initial consultation. Mr. Pollock will explain your legal rights and what you can do to protect them to obtain full and fair compensation for your injuries and damages. Click here to use our online Consultation Request Form.
Other Things To Do:
- Send copies of your medical bills and prescription receipts to our office.
- Keep a diary describing the accident, your pain and suffering, and how your injuries affect your work, daily routine, sports activities, and impact your life generally.
Keep this Information in your Glove Compartment
Following an accident, you may be disoriented and confused and forget to follow the basic guidelines contained in this guide. We suggest that you print this page and keep a copy in your glove compartment in case of an accident and also suggest that you review it before leaving the accident scene.
