By: Dawn E. Wellman December 2014
You are driving home from work on Friday night and it is raining. Another driver does not stop at a stop sign and you are hit on the passenger side of your vehicle. You are alone in the car. Obviously, the first thing that comes to mind is checking on whether you and the other driver are injured. Then, the police need to be called. Do not move the cars before the police arrive at the scene. It may become important exactly where the other driver's car was and where it struck your vehicle. If you are not injured, take photographs both on the inside of your vehicle if damaged and certainly the outside of both vehicles. If there are witnesses, make certain that you take down their full names, addresses and telephone numbers. If the police officer does not get it for you, make certain that you get the other driver's full name, address, telephone number and insurance company. Find out who is the owner of the vehicle.
Often when one is in a motor vehicle accident and no bones are broken and there are no obvious injuries, pain may start the next day after the adrenaline is no longer pumping through your body. If you did not go to the emergency room the evening before, make certain that you see your family doctor if you are in pain. It sometimes takes days or even a week before the pain is actually present. Keep track of all symptoms, medical bills, doctor's names and dates of appointments.
You need to contact your insurance company and report the claim and advise them of the name and address of the insurance company of the other driver. If you are contacted by the driver's insurance company, do not give a sworn statement under oath until you have discussed it with a lawyer. Sometimes, the details of the statements that are given to insurance agents are recorded and can certainly be used against you if you file an action against the other driver.
If you have medical insurance, you may use your medical insurance coverage to pay your medical claims. Most people have auto insurance with medical payment coverage up to a $5,000.00 limit that is also a source for a claim payment. However, your medical insurance and your auto insurance may have a right to be reimbursed when you collect the medical bills from the other driver's insurance company. Certainly contact a lawyer if after a month or more you are still seeing a physician for any injuries sustained in the incident. Attorneys at Allen Wellman McNew Harvey, LLP have handled multiple automobile, semi-truck, railroad and other types of incidents. In addition, Allen Wellman McNew Harvey, LLP handles all types of negligence claims which include medical malpractice and products liability. Please contact us if you are in an accident and one of our attorneys would be glad to help you through the process.