What Should I Know If I Am In An Accident?

A:

At The Time The Accident Occurs:

In an accident, your first concern will be your health and the health of other injured persons. Do nothing, which might compromise your condition. Ask someone nearby to help you. If injured, remain as calm as possible and tell the emergency rescue workers as precisely as possible about your pain, numbness, and limitation of movement.

When Possible, The Following Action By You, Or Someone On Your Behalf, Is Advised:

• First give help to the injured, but avoid moving them since movement can aggravate injuries. Call or have someone else call an ambulance or doctor if there are injuries.
• Get the names and addresses of witnesses including investigating authorities when they arrive.
• Be polite and courteous to any police or emergency personnel.
• Exchange driver's license, auto registration numbers and insurance information with the driver of the other car and get the names and addresses of passengers in the cars involved.
• If a tool, piece of equipment, or other object is involved in the accident, get it "preserved". This can mean storing it for safekeeping, taking extensive photographs, and recording model and serial numbers.
• Make written notes on the type and extent of any injuries, which result from the accident.
• When a pedestrian is injured, be sure the injuries receive prompt medical attention. Get the pedestrian's name and address, and a full description of the injuries, including type and extent.
• If you collide with a parked or unattended vehicle, or damage a tree or other property, try to locate the property owner and report the accident. If the owner of the damaged property cannot be found, leave a note with your name, address, and phone number. You can leave this information on a damaged car or at a house where the damage occurred.
• Promptly report auto accidents to your auto insurance agent and the State Department of Safety.
• Report an accident to the police or other authorities in the jurisdiction where the accident happened within 48 hours.
• You may be required to report IN WRITING depending upon your insurance or employer. Ask your lawyer (if you have one) to approve any written statement before you sign it.
  

Be Careful What You Say At The Time Of The Accident:

If you have just had an accident, and may be injured, it's no time to discuss the accident or your injuries. Your first request, and your only priority, should be for medical assistance and care.

Specifically, Do Not Do The Following:

• Do not automatically say, "I'm not hurt." It could be several days before you realize the extent of your injuries. If you say, "I'm not hurt," it will come back to haunt you, even if you have serious injuries. A better response would be, "I'll let them check me at the hospital, but I am not in any pain at this moment."
• Do not automatically say, "I should have seen him," or "I wasn't looking." We are all embarrassed by being in an accident, and tend to deny injury and accept responsibility due to this embarrassment.
  

After The Accident

The immediate crisis is over. Now you must deal with professional claims adjusters in determining your fair compensation.

Unless you are experienced in such matters, handling the case yourself may not be wise.

Professional claims adjusters are paid to keep your compensation to a minimum. Adjusters may comment, "We want to do what's fair," or, "We'll see you're paid fully." But their first priority is to minimize any pay out to you. Claims adjusters are trained in gathering information from injured parties and in negotiating settlements favorable to their companies.

If you have an attorney or not, these suggestions are correct after your accident:

• Do not sign or initial any documents, statements or forms unless approved by your attorney. If you do not have an attorney, review the document carefully reading every word. Have someone you trust read it too.
• Do not sign anything that says "Release," or "in full satisfaction of all claims." This language is sometimes printed on checks even when only partial payment is being made.
• Take advantage of your insurance coverage (if any) to pay the medical and other expenses incurred.
• Give your physician as much information as possible about your recovery and condition. Detailed information about what you can and cannot do, what causes pain and how often should be a part of your discussion with your doctor when he asks, "How are you doing?"
• Your memory of "what happened when" may fade by the time you settle your case. It is a good idea to record (perhaps on a kitchen calendar) when the accident occurred, when you spend periods in the hospital, when you go back to work and the like.
  

Talk To A Lawyer:

Our policy is to see you for free if you have been involved in an accident and believe someone else is at fault. Our fees are based on whether we can recover on your claim. If we recover nothing, you owe us nothing for our time and effort.

A Final Word About Priorities For Injured Persons:

The first priority for someone who is injured should be full and speedy recovery. The focus of your energies and concentration should be on getting better, not on a claim or lawsuit. While you are entitled to full compensation for your losses, the best thing you can hope and strive for is full recovery. The money is never enough.

Phillip Miller has been certified as a trial specialist by the National Board of Trial Advocacy for his experience representing injured persons in personal injury cases. Less than 1 % of Tennessee attorneys have this important qualification. Mr. Miller has written extensively for trial lawyers and conducted seminars on trial practice throughout Tennessee. He currently is on the Board of Directors for the Tennessee Trial Lawyers, and holds a seat on the Tennessee Bar Association of Continuing Legal Education Committee. Mr. Miller is the founder of Plaintiffs' Table, an exclusive group of lawyers who restrict their practice to representing the injured and he is a member of the Harry Phillips Inn of Court.

Notice:

The information on this Web site cannot replace the careful consideration of personal factors and changes in the law, which may apply to your legal problem. While this information may help you, do not rely on it as an answer to a legal question.

Phillip Miller & Associates
631 Woodland Street
Nashville, TN 37206
Phone: (615) 356-2000
Fax: (615) 242-1739
Toll Free: (800) 337-HURT
Get Directions