 Auto
Collision Injury Claim Checklist and Procedures For
Individuals Who Become Clients of Paul A. Samakow,
Esquire
If
You Have Significant Injuries and You Cannot Move, Do
Not Attempt To Do So, But Ask For Help and For An
Ambulance!
If
You Are Able to Get Out of Your Car and You Can Move
Around, The Following Should Be Followed:
-
Don't
admit fault
-
Call
Police
-
Identify
Witnesses & Obtain their names, addresses,
telephone numbers - ask them to wait for police
-
Obtain
and exchange all information with all other drivers:
Name, License Number; Tag #, Insurance Company Name,
Policy Number.
-
Assess
Car Damage
-
Take
Photographs of the Car Damage on all vehicles
involved (you should keep a small
"throw-away" camera in your car just for
this purpose)
-
If
Car cannot be driven, get name & telephone
number of towing company and location where car will
be located
-
Remove
any valuables from your car that you would not want
stolen
Day
1 or Day 2:
1.
Get Medical Attention If You Suspect Any Injury / Go To
Hospital or Urgent Care facility or family doctor within
24 hours of collision; Go By Ambulance from scene if
appropriate.
Day
1, 2 or 3:
2.
If you are called by an insurance company, do not talk
to them about how the collision occurred or about your
injuries. You should discuss fixing your car and getting
it out of the storage lot. What you say to an insurance
person now may hurt you later.
Day
2 or 3:
3.
Get your car out of storage. Pay for it and you will be
reimbursed! Storage charges rack up very quickly! Do not
let that happen. Car should not be in storage any more
than 3-4 days.
Day
2, 3 or 4:
4.
Car repair and car rental. If collision is not your
fault, other side has to supply you with rental car
while yours is being repaired. If your car is driveable
and safe to drive and only has some aesthetic damage,
you only get rental while yours is being repaired. We
can assist with all of these matters.
5.
Get additional medical attention. Orthopaedic Doctor,
Physical Therapist, Chiropractor, Neurologist are all
good if needed. Family doctor, internist, insurance plan
"primary care physician" are probably not
appropriate. Many doctors will work "on
assignment" with you and your attorney, meaning you
do not have to pay them up front, as they agree to wait
until your case is settled to get paid. Take lots of
pictures of any visible injuries. Take them at least
once a week until no longer visible. Write the date
taken on the back of the photo.
6.
Notify your employer of the collision and supply
employer with Work Restriction or Disability Certificate
from your doctor.
7.
Obtain a notebook and keep a "diary" of events
and problems and recovery time. Anything at all that
occurs to you, even if you think it is insignificant,
may be important, but forgotten, later, if not recorded
now. Your pain. What you can and cannot do. Missed work.
Missed school. Trouble sleeping. Irritability. Inability
to exercise. Weight gain. Missed trips or travel plans.
Etc.
8.
Collect records and bills. While a $3.00 aspirin receipt
won't significantly increase the value of your claim, it
is good evidence of your pain and the need for
medication! Give these to attorney.
During
"medical treatment" stage of client's case:
9.
Attorney gathers all records about your case: Police
Report; Witness Statements; Car Damage Photographs; Car
Repair Estimates or bills; Medical records, Medical
Bills, Lost Wage Documentation; Injury Photographs.
After
medical treatment has been completed:
10.
Medical Care Completed and You are "better".
Attorney reviews and evaluates file, "final"
records are gathered.
Typically
within 7-14 days after all documents are gathered:
11.
Letter to you from Attorney advising you of his opinion
about the value of your case. Letter requires your
signature in order to proceed to negotiate settlement.
Meeting with attorney if client desires.
Typically
within 5-6 weeks after "Client Authorization
Letter" (see #9) is signed:
12.
"Demand" package is sent to insurance company
and settlement negotiations begin and are usually
concluded. If unable to reach client approved
settlement, meeting with client to discuss options,
which include Arbitration, Mediation, or Litigation
(going to court).
13.
Arbitration and Mediation usually occurs 3-4 months
after negotiations stall.
14.
Trial occurs (if case cannot be settled) typically
within one year after the lawsuit is filed.
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