A severe accident does not conclude when the vehicles come to a halt. At that instant, a countdown starts – one that defines how much restitution you will get, or if you will get any. The choices you face in the subsequent two days will secure your entitlement or silently undermine it.
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Get Medical Attention, Even if You Feel Fine
The most important step is also the one most often missed. Adrenaline can hide pain. So, many of the most serious and painful injuries resulting from a collision, such as internal bleeding, soft tissue damage, and the beginnings of traumatic brain injury don’t reveal themselves until hours, days, or sometimes weeks after the crash. By then, it may be too late. If you haven’t seen a doctor, the insurance company will have a very easy out: “If you were hurt, why didn’t you go to the hospital?”
So go the same day if possible. Get checked out. This helps your case, of course, and it helps protect your health. But perhaps even more than that, this creates a paper trail and dates the origin of your injuries as soon after the impact as possible. The continuity of care is the opposite of the gap in treatment. Without that continuum of care, there is room for the defense to try to show your symptoms have another cause.
Document Everything Before it Disappears
Many individuals take a picture of the accident scene, and that’s it.
But, documenting the aftermath of a car accident is just as crucial if not more important. Before you leave the scene or at the earliest opportunity, take photos of skid marks, road conditions, any traffic signs that might have been obstructed, weather conditions, and lighting. You should also photograph the position of all vehicles before they are moved. These details tend to disappear quickly. Skid marks may fade before the police report is written. Debris and other evidence may be removed. And weather conditions may change.
Contact information from witnesses is just as important. Get the names and numbers of anyone who witnessed the crash. Independent witnesses are usually more credible in court than testimony from either driver, as they don’t have a dog in the hunt. Don’t assume that the police will identify all witnesses and/or gather their information.
If your vehicle has a dashcam and you believe the footage might show the accident, you need to secure that immediately or it may be overwritten. Dashcams often use a loop recording function where older footage is deleted to make room for new. Be sure to pull the dashcam card or otherwise duplicate the footage the day of the accident.
Be Careful What You Say to Insurers
You may receive a call from an insurance adjuster within a few hours of the crash. They’ll seem friendly. They’ll say they just want to get your recollections down while they’re fresh in your mind. What they’re doing is gathering evidence to settle your claim at the lowest possible rate.
Don’t give a recorded statement until 48 hours have passed. Do not sign anything allowing your medical records to be released until you’ve had a lawyer review it. Your memories are fresh, but your understanding of your injuries isn’t. Any statement you make can – and will – be used against you for the rest of the case.
Pennsylvania runs on a “choice no-fault” system. That means whether you can get anything beyond direct medical expenses and a fraction of your lost wages is determined by whether you opted for full tort or limited tort when you purchased your insurance. Most people don’t know which they picked. If you have limited tort, you can’t sue for pain and suffering at all. If you have full tort, consulting a Philly car accident lawyer can help you decide how much your case is worth. Either way, the insurer is determining your degree of fault and recouping that cash now, while you’re still reeling. They’re not wasting time. You shouldn’t either.
Start a Pain and Recovery Log
Start doing this immediately. Jot down how you slept, things you couldn’t do, what pain you experienced, and when. Indicate if you missed work, couldn’t attend a family event, couldn’t work out, couldn’t read. Again, these are not complaints, these are the building blocks of a non-econ claim.
You missed work therefore you have a pay stub to prove that. But how do we demonstrate the emotional toll of missing your daughter’s choral concert or the frustration you felt when you were too stiff to work out? Records kept during the event (as opposed to those concocted a year or so down the road from memory) are some of the best evidence we have. A record made from day one cannot be shut down.
Don’t Let the Window Close on You
There is a legal deadline for filing a personal injury lawsuit, and if you wait too long, you won’t just be at risk of missing it, you’ll be at risk of losing the evidence that strengthens your case. Witness memories will fade. Surveillance footage will be erased. Physical evidence from the scene will be thrown out.
The first 48 hours aren’t only about recovery. They are when the most valuable information is still fresh and when the most significant errors are the simplest to commit. Acting methodically through this timeframe – obtaining medical records, securing evidence, not overreacting with insurance adjusters, and documenting your own information – is what really helps put you in the strongest position to settle a claim. They are already building their case. So should you.
