Mistakes to Avoid After a Rock Hill Car Accident
Not Properly Documenting The Evidence Including Witness Statements in a Rock Hill Car Accident
When a South Carolina car accident happens, your adrenaline will be rushing and the wreck scene may be chaotic. However, it is important to get as much information as possible as soon as it is safe to do so. Everyone has smart phones now and photos of the Rock Hill car accident can be taken, notes can be taken and statements can be recorded instantly. The more information you can gather, especially at the scene the better. Photos are important to take because cars leave the scene, they get towed and are often never seen again. Insurance companies like to claim a minor impact when the damage to your car may not be great but the damage to their insured’s car may be substantial. If you do not have the photos of the other car you may never get the chance to see it again. Also the accident scene photos can help prove liability if it becomes a point of contention. While getting witness statements at the scene may not be possible, it is important to get the names and telephone numbers of anyone who witnessed the wreck. Evidence disappears and memories fade. Time is of the essence.
Giving A Statement To An Insurance Company Without Representation for Your Rock Hill Car Accident
Insurance companies are quick to reach out to victims following a wreck largely due to modern technology. Claims can be set up same day and the clock starts for an adjuster to get the file closed. They will often call you to get a statement when you are least prepared to discuss it and may even be under the influence of pain medications. Insurance adjusters will lead off with the question “how are you?”. The natural reply is to say “I am good.” Unfortunately, that statement gets noted and will be used against you. Adjusters are skilled at questioning witnesses and either confusing you or getting you to admit that you did something wrong that contributed to the wreck. Although, initially an adjuster will sound like your friend, he or she is calling to do their job. That job is to reduce the amount the insurance company ultimately will have to pay out on the claim. Speaking with an adjuster without a car accident attorney present can be dangerous.
Gaps Or A Delay In Treatment
Serious injuries require immediate medical treatment and certainly would not be put off by the person who was injured. This sentiment is echoed by your adjuster. Adjusters are looking for any reason to trivialize your case. If you do seek medical attention immediately, they interpret that as you having suffered little or no injury. If you go to the emergency room and wait longer than a week or so to follow up with another provider, then they make the argument that your pain resolved. The longer you wait to seek medical attention or the bigger the gap the more damage you will have done to your auto claim. Get the appropriate care immediately, keep your appointments and follow your doctor’s recommendations. Getting well after an accident is and should be your top priority,
Commenting About a Wreck On Social Media
Today we live in a different world where all of our comments and thoughts get shared with the world and our privacy is no longer respected. Too often after a wreck, emotions are running high and there is a tendency to vent on social media about the wreck, the person who caused it or about the injuries. Sharing information often leads to comments that appear to be spiteful, revengeful and greedy. These comments are fully discoverable and can make you look bad in the eyes of potential jurors and certainly the adjuster. The best advice is to not discuss your wreck with anyone but your attorney and your doctors.
A History Of Similar Accidents
Sometimes people just have bad luck. They seem to attract unwanted injuries and accidents. Unfortunately, if you are one of those people and have a history of insurance claims you can bet on the insurance company taking advantage of that fact and using it against you. Providing your attorney an honest explanation of these prior claims will allow that attorney to take away that argument by addressing it in the initial conversation with the adjuster. Finding out late in the game that there have been multiple injuries and several prior claims places your attorney on the defensive. If you have had bad luck and have suffered multiple injuries for which claims had to be filed let us deal with that up front. Honesty is always the best policy.
Another opportunity for an insurance company to avoid paying out benefits on a claim is where someone has a prior injury, condition or ailment affecting the same part of the body injured in a wreck. Pre-existing conditions and prior treatment sometimes makes it difficult to distinguish what was caused by the wreck and what was not. These answers usually require medical testimony from the treating physician. It is often necessary to request a copy of prior medical records to demonstrate the difference in the pre-wreck and post wreck medical condition. If you have a pre-existing condition that has been aggravated or accelerated by a wreck, your injury is still compensable. Insurance companies have a duty to make you whole. That duty is to pay damages sufficient to restore you to your pre-loss condition. When a wreck causes additional harm to a prior injury or condition, an insurance company should include those damages in their evaluation.
For more information, please call the experienced car accident attorneys in Rock Hill, SC at Schiller & Hamilton Law Office.