What to Do if You Are in an Automobile Collision
You may have to prove to an insurance company or to a jury what has occurred
in an automobile collision. Therefore, evidence must be preserved in a timely
and accurate manner by doing the following:
If possible, obtain the license plate number of
any vehicle that tries to flee the scene.
Call the police immediately so that the collision
is thoroughly investigated and a record is made of what has occurred.
Make sure that the policeman gives you an
opportunity to fully explain your version of what has occurred in the collision.
If you have not been given an ample opportunity to explain your position, go to
the police station and indicate what has occurred to another officer and make a
supplemental report.
Take photographs (or have photographs taken by
someone else) of all property damage in order to prove the damage to your
vehicle and the nature of the impact. Photographs should be taken of all
vehicles involved in the collision and of the scene if there is important or
relevant information at the scene such as skid marks, damage to a tree or
utility pole, etc.
Also, photographs should be taken of any and all
visible injuries that have been sustained.
Immediately report the collision to your insurance
agent. Your insurance company is entitled to be given prompt notice and the
failure to give them prompt notice may prejudice your rights under your
policy.
If you are hurt, immediately obtain medical attention
at an emergency room, urgent care center or at a physician's office.
Do not give a written or recorded statement to any
insurance company, including your own, without consulting an attorney. You
may be adversarial with your own insurance company if you make a claim for
uninsured or underinsured motorist coverage. It may be that the person at
fault does not have insurance (or is underinsured) and thus you have to
access your uninsured motorist coverage.
At the scene of the collision, obtain the names,
addresses and telephone numbers of all eye witnesses who may be helpful to
your position (assuming that you are physically able to do so).
The Automobile Collision: What your lawyer can do for you
Q: Do you need an attorney if you are involved in an
automobile collision?
A:
The investigation and handling of a personal
injury claim arising out of an automobile collision can involve many
complicated issues. It certainly will involve the development of facts to
prove both liability (fault) as well as the nature and extent of the injuries
caused by the collision. Here are some of the ways that a lawyer can assist
you in the handling of your claim.
In general, the lawyer will handle all of the details.
The lawyer will handle the communication with the insurance company or
companies. The lawyer will obtain all relevant medical records, medical
reports, medical bills, property damage information and lost earnings
information. The client should only be concerned with his medical care and
recovery.
The lawyer will see to it that a full investigation is
done which will include photographing the vehicles, photographing the scene
and injuries as necessary, taking witness statements, obtaining a copy of the
police report, etc.
In making an automobile collision claim, insurance
coverage can be very complicated. Often, the wrongdoer (or wrongdoers) do not
have insurance or do not have enough insurance to cover the injury. Therefore,
the attorney will investigate areas of insurance coverage which may apply to
the case. There are numerous possibilities such as the insurance of the
wrongdoer, the insurance of the wrongdoer's employer, the uninsured /
underinsured motorist coverage of the claimant, the uninsured motorist
coverage of the claimant's employer or a relative's employer, sometimes even
homeowner's policies, and there are other possibilities as well.
There are times when the fault is not clear. Sometimes
the attorney will hire an accident reconstruction expert. This is an expert
who can look at the physical evidence and draw certain conclusions such as the
estimated speed of the vehicles. These conclusions may go to ultimately
determining who was at fault. For example, we represented a little boy who was
hurt on a bicycle. The expert took the measurements made by the police officer
and other physical evidence and was able to conclude that the driver of the
car was going between 10 - 15 miles per hour in excess of the speed limit in a
residential area, even though the police report indicated that our client was
at fault.
Beyond normal compensation to which an injured person in
personal injury claims are entitled, sometimes punitive damages can be
awarded. Punitive damages are awarded when it is determined that the
wrongdoer's conduct is not only negligent but reckless as well. For example,
if a person is intoxicated, then a jury may consider giving an injured person
punitive damages in order to punish the wrongdoer for drinking while driving.
This has been the law in Ohio since 1994.
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