(ThyBlackMan.com) The worst has happened. You are driving with your friends to the beach, or the club, and a car comes out of nowhere and collides with your car. There are injuries. Cops are called to the scene. An ambulance takes you, your friends, as well as the drivers in the other car. By the time you get through the trauma of the emergency center, you make sure your friends are okay, and then it’s time to determine who exactly is at fault.
What should you do now? Who makes the determination as to who was at fault? Why are insurance representatives contacting you so soon?
Don’t let the insurance companies scare you. Act immediately and seek representation before saying anything to anyone. You may need to see a chiropractor to assess the real damage and have evidence of injuries caused. The power of a reputable attorney team, such as Acadia Law Group, can help identify your rights as a driver and protect you from being harassed or vexed by the other parties’ attorneys and/or insurance provider.
Insurance is an important decision in your life. The most important part of approaching a car accident is honesty. What you and your friends saw and heard should be described to your attorney to identify the causes of the car accident and protect you from further litigation. We were taught as kids that honesty is the best policy, and liars usually get caught in the act. It won’t help you not to be honest with your attorney and will actually make your situation worse in the end.
How the “at-fault” driver is determined:
Claims Adjusters- Working for the insurance company, a claim adjuster will review evidence from the crash scene. Again, honesty is the best policy here- especially since the claim adjuster ultimately makes the decisions regarding the nature of the accident.
No Doubt Liability- These are accidents that, without a doubt, are the fault of the other driver. These include head-on collisions and rear-end accidents.
Citations- Was there a legal entity after the accident that issued a citation? Normally, if the police are involved, the at-fault party is given a citation for the accident.
Take pictures- These days, if you don’t have a smartphone you are either living in a cave or off the grid. Chances are you have a camera with a phone. If there are no injuries, or minimal injuries, take pictures of everything including your car and the other driver’s car.
Say nothing- Keep comments to yourself. Following an accident, there a lot of emotions- especially if someone you love is hurt. It’s easy to let emotion take control and go off but remember: loose lips sink ships. If you say the wrong thing to the other party, and they are recording you (e.g. Facebook, Snapchat)- such actions can be held against you during the investigation.
Keep documentation- It may be hard at first because you will be jilted after a car accident, especially if there are injuries. But the thing to remember is to keep documentation, either written or recorded on audio and video of everything from the words shared after the accident, to the police action, to the proceedings at the hospital if necessary.
In an article printed in The New York Times, your auto insurance rates may increase even if you are not at fault. The insurance companies are in a heated race for customers, and penalties on your record can lead to an increased cost of insurance. It is vital that you get a lawyer involved, one that is versed in personal injury as related to auto accidents.
If injured in an accident, say nothing to anyone outside of a certified medical professional or your attorney. This may include an emergency room staff, as well as a chiropractor or physical therapist for treatment after the accident. It may even include psychotherapy for post-traumatic stress. The opportunities for care are there for you, and do not be afraid to consult with your attorney about the injuries you suffered on a physical or even mental level. You are not at fault. You are indeed a victim, and you have rights to a fair and just representation of your case. Keep the insurance companies away and be honest.
Staff Writer; Lou Moore
