Did you make New Year’s resolutions? Most of us can’t keep them. I personally resolved to lose 10 pounds, and I have 15 to go. Even if you could, or did, what happened to your resolutions after CV19 hit us?
Most of us think that accidents are what happens to other people. If you are going to get into an accident, it is more likely to happen on New Year’s weekend. New Year’s Eve is one of the busiest nights for Accidents and Drunk Driving. There are usually more cars on the road with people going to going to or from parties.
Many doctors are off for the holidays and the hospitals are filled with Covid patients. I am told there is little room for those injured in an auto accident.
However, IF you or a friend were in a Holiday accident, DO NOT HIRE A LAWYER UNTIL YOU READ THIS. Now, what should you do, and what will the insurance company do? Of course they will Deny and Delay settling your claim.
Initially, REMAIN SILENT. I often say “Silence is Golden and Handcuffs are Silver”. You can’t help yourself with an accident or DUI by talking. The defendant’s insurance company will initially assign a nice sweet adjuster who will pump you for information.
The adjuster will try to get pictures of the vehicle and statements from you as to how the accident happened and whether you were injured and saw a doctor. Then, they will switch adjusters and assign an unpleasant one.
Adjusters have their own bag of tricks. When they take a picture of your car they may ask you to get in the picture. Right before clicking the pix they will ask you to bend and point to the damage to your car. At the last minute they yell SMILE!
Now, they have you bending and smiling. Later when they get the doctor’s report saying the patient could not bend and was in a lot of pain, they will say to your attorney, Judge or jury, “look at this picture”. The plaintiff driver does not appear to be having any problem bending and s/he is even smiling. When juries see this kind of evidence, they question whether you were really injured. Juror’s may ask, “did you think you had hit the lottery?
Initially, TAKE DOWN YOUR SOCIAL MEDIA /FACEBOOK ETC. The last thing you want is for the insurance company to see pictures of you playing a sport and or doing something physical, that you should not be able to do with your injuries.
Take cell phone pictures of the scene; property damage; driver’s license; insurance info and record statements from everyone. Get the defendant’s phone number, email, and the license plate of the other car.
Call the police. You want as much documentation of the accident as possible for your lawyer. Stay at the scene until the police arrive. Remember you do not have to give your opinion as to liability, even when you look to be partly at fault.
If an ambulance is available, take it! Otherwise, Go to the ER to be checked out. Many injuries are not obvious right away and soft tissue injuries may take days to surface. Insurance companies punish you when you don’t seek immediate medical treatment.
Ideally, you should see any doctor, other than your regular treating doctor, because we all have skeletons in our personal med records. Documentations of abortions, alcohol, drugs, sexually transmitted diseases and prior injuries can be very damaging. You also want a doctor experienced in preparing a med/legal report, not just regular medical notes.
Many lawyers won’t accept a case where the victim did not get med treatment within 24 to 72 hours. If you don’t see a lawyer for several days, attorneys are also reluctant to accept the case. This is because the lawyers worry you may have had a conversation with the adjuster. Your lawyer will never know what you said or what they thought they heard you say, and that could be used to impeach you at trial.
Lastly, contact a LOCAL CV attorney that specializes in accident cases. Once you have retained a lawyer the defendants insurance company can’t legally contact you.
Suggestion for future columns: contact Dale Gribow 760-837-7500 or email@example.com.
Representing the injured and criminally accused
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-22
“TOP LAWYER” – Inland Empire Magazine 2016- 2019
PERFECT 10.0 AVVO Peer Rating
“DON’T DRINK AND DRIVE OR TEXT AND GET A DUI OR ACCIDENT… CALL A TAXI, LYFT OR UBER….THEY ARE A LOT CHEAPER THAN CALLING ME”