This ultimate guide of do’s and don’ts is helpful content provided on behalf of Compliant Clients.
Do's
Don'ts
Do's
Immediately After the Accident
Do contact the police, even if you caused the accident. A police report may show other issues played a role in the accident and may negate some of your responsibility.
Do exchange information, including contact information and insurance information, with all parties of the accident.
Do photograph the scene of the accident. Take pictures of the damage, as well as the injuries if possible.
Do cooperate with police and medical responders.
Do seek medical attention. Whether you are aware of injuries or not, you should have a medical evaluation.
Do contact your insurance company to report the incident and the fact that others were injured.
Remain calm and call 911 or ask someone else to do so for you.
Request an ambulance and ask for law enforcement if you were hurt in a car accident or by an act of violence against you.
If you can move safely and use your phone, take photos of the cause of the injury, such as a wet floor or the intersection where a car accident occurred. Photograph the scene of the accident or injury and your visible injuries. If you’re too hurt to move safely, ask a companion or bystander to take photos for you with your phone or their cell phone.
If you were injured by a defective product, keep the product and packaging and take photos of the product after your injury.
Collect the contact information of anyone involved in the injury, such as business owners in a slip and fall accident, or other drivers in a car accident.
Add the contact information of any eyewitnesses.
Ask for a police report after a car accident or crime, or if you were hurt on a business premises, ask the manager to fill out an accident report.
Go to a hospital straight from the accident scene, either in an ambulance or by arranging immediate transportation from the scene. This ensures that you’ll have evidence the injuries occurred in the accident and not sometime later (a common defense used by insurance companies to deny claims).
Always ask for a detailed medical report listing your injuries, treatment recommendations, and prognosis for recovery.
Ongoing Actions
Do enlist the representation of a personal injury attorney to investigate your case and formulate the best defense for you.
Do everything you can to get well. This generally involves following your doctor’s advice, keeping appointments, and following treatment recommendations.
Be honest with your doctors and let them know all of the pain, symptoms, and limitations you experience. The insurance company representing the person who caused your injury will argue that failure to report a compliant or condition means that it didn’t exist.
Obtain receipts or bills for all medical treatment, drugs, medical appliances, or anything else purchased by you as a result of your accident (whether paid by insurance or not). If there are any other expenses you have incurred, including those for hiring persons to perform housework or any other services for you, make sure that you have written documentation for the expense.
Don'ts
Immediately After the Accident
Don’t leave the scene. Remain at the accident scene until the police allow you to leave.
Don’t move your car. (Only move your car if it creates a severe safety hazard.)
Don’t interfere with police or emergency responders.
Don’t throw away or attempt to hide evidence.
Don’t discuss the circumstances of the accident with anyone, including the other person’s insurance.
Don’t admit guilt or apologize to anyone. There might be evidence or circumstances that can relieve you of the liability (an experienced personal injury attorney can establish your defense and help identify all liable parties.)
Ongoing Actions
Don’t sign settlement papers without the representation of an attorney.
Don’t lose your health insurance coverage or allow it to lapse.
Don’t sign anything without our approval.
Don’t discuss your claim or give statements to any insurance company representatives (including your own), their investigators, or the person who has caused your injury or anyone else–instead, give them my telephone number. Communications should only be made with members of my offices, your family and friends, your doctors, or other persons we authorize.
Don’t post information or images of your injuries or your claim online, including but not limited to personal websites, blogs, message boards, or social networking sites like Facebook, Twitter, Instagram, or MySpace.
Don’t discuss with your doctors any communications you have with me or my offices unless specifically advised to do so. Your doctors do not need to know anything about your claim other than information needed to assist them in your medical treatment.
Don’t accept an early settlement offer from the insurance company of the party at fault for your injury. Often it’s too soon to know the full extent of the financial losses you’re facing. Early settlement offers are typically much less than you can recover with an attorney behind your claim.
Don’t speak to insurance representatives on a recorded line. Insurers sometimes use your innocent remarks out of context later against you but must disclose if they are recording.
Don’t post on social media until after you’ve completed your claim and recovered your damages. Many injury victims share the experience on social media immediately after the injury and add something like, “I’m thankful I’m okay,” which is later used by the insurance company to show that you weren’t as injured as you now claim. Also, a photo of you on the beach can hurt your claim even if you were truly in pain at the time.
Don’t miss any doctor appointments, follow-ups, procedures, or rehabilitation sessions, since this makes it appear that you aren’t as injured as you claim.
