After the Accident
Checklist
We heartily
suggest you make a copy of this "Impact Checklist" to be kept handy within
the confines of your motor vehicle. A “Guide” to refer to so you’ll be
certain, should an accident take place, that you’ve covered everything.
Other than the fact that one must obtain from the other operator, both their
drivers license and motor vehicle registration information, you should also
proceed to do the following:
Note the Following
(write down if possible)
-
Names and
addresses of eye witnesses.
-
The
investigating police officers name and badge number.
-
Weather
conditions (Snow, rain, fog, mist, sleet, etc.)
-
Road Surface
(Dry, wet, slippery, icy, etc.)
-
Impact Area
(City, suburban, business, wooded, etc.)
-
Visibility
(Sunny, cloudy, dusk, night, moonlight, etc.
-
Traffic Controls (Were
there overhead lights? Posted speed limit signs? Stop or warning signs?
Hospital or school zone signs?)
Create a Diagram
and Take Photos
Include the
following in your diagram and picture taking:
-
Driving
area: Flat, crowned, straight, curved, macadam, asphalt, concrete,
cobblestone, dirt, etc. Indicate the width of street. Show the location of
impact, gouge and/or skid marks.
Handling Your
Claim
There Are Six
Areas You Must
Consider. You should go into detail regarding each of these:
Out-Of-Pocket Expenses
These
are expenses that can be measured in definite sums of money. They are the
foundation of the calculations used to award damages (including that often
great and extra amount paid to you for your “Pain and Suffering”) regarding
any financial loss flowing directly from the injury you may have sustained.
Obtain all bills and services rendered. (Prior to their being sent out, you
have ever right to ask for and read the crucial Final Reports regarding your
physical condition from your Doctor, Chiropractor, “Medical Specialist”
and/or Dentist). Medical Expenses Typically Include: Ambulance ~ Emergency
Room ~ Hospital or Clinic ~ Laboratory Fees and Services ~ Diagnostic Tests:
(X-rays and/or CT Scan) ~ Registered or Practical Nurse Fees ~ Medicine
and/or Prescription Medications ~ Prosthetic Appliances or Surgical
Apparatus (Canes & crutch, etc.) ~ Physical Therapy ~ Ace Bandages, Gauze &
Tape ~ Heating Pads ~ Creams, Ointments, Balms & Salves. As you read them
make sure these Medical Reports include the length of time of your “Total
Disability” and/or your “Partial Disability”. These are of enormous value
because they justify the often HUGE, extra payment made for your “Pain and
Suffering” . (Plus this information will also prove your claim for Lost
Wages).
Include
non-medical expenses too like lost wages and earnings, lost vacation time
and/or sick leave, travel expenses (transportation costs incurred getting to
and from the doctor and/or hospital, etc.), household help during disability
and child care during recuperation.
Lost Time
From Work - Lost Wages
The
weeks, hours and/or days you were unable to work (thus the money you may
have lost) is added up and documented on company letterhead. You’re often
entitled to compensation for “Lost Time and Earnings” even if you have no
actual loss of money ! Such as, for example, if your salary is paid by some
other insurance coverage you may have or by taking sick leave or some other
similar arrangement. It doesn’t matter if you're employed full time, part
time, self-employed, own your own business, retired, unemployed, or a
housewife not employed outside the home, you should keep a written record of
all household help and/or child care needed during your disability period.
All of these
constitute an element of your “SPECIAL DAMAGES” mainly "Lost Wages".
Insurance companies usually don't view your time away from work (because of
an injury) as “Lost Time And Earnings” but as “Lost Earning Capacity”. In
most states one is entitled to compensation for lost time and earnings even
if they have no loss of money. For example, when your salary is paid for by
another insurance coverage you have or by taking sick leave and/or some
other similar type of arrangement. There are specific situations to be
considered and called to the forefront when it comes to being employed
either full-time or part-time.
Property
Damage Losses
This
figure has been negotiated between your damage repair person and the
insurance adjuster. Be sure you know, and possess a written copy of exactly
what that figure is. Besides the vehicle damage include clothing, jewelry,
watches, eye or sunglasses, etc. You can also collect for your (or any other
individuals) personal property which happened to be in the car and was
damaged. Be sure to have written proof of the cost of each item damaged plus
the date it was purchased. Don't forget you are entitled to be
reimbursed for any charges you may have incurred for towing, storage and/or
substitute motor vehicle rental, or for that matter any other alternate
transportation.
Medical
Doctor And/Or Chiropractor Reports
Each
“Injury Evaluation Factor” should be clearly stated within each of your
final Medical Reports. For example: That your disability is solely the
result of the accident. If there were any pre-existing conditions aggravated
by your injuries? What treatments were administered and for what duration?
What medications were prescribed, in what amounts and for how long? What
symptoms or medical problems were such medications meant to relieve? Were
there any adverse reactions demonstrated? Ask to read them before they're
sent to the adjuster so you're sure it explains the nature, plus the extent
and frequency of the pain that an injury, such as yours, will likely cause.
PROGNOSIS:
This is the clearly stated information (regarding your personal injury
progress) and should include: The part played by a pre-existing condition,
if any? Their prediction of any possible future temporary
disability/impairments? Does the individual attending you anticipate any
further or future treatments? Include length of your total disability and
length of your partial disability,
Medical
Payments Coverage
If
you have this coverage in your motor vehicle policy, it will pay (up to the
limits stated) for all medical bills arising out of the accident regardless
of who’s at fault. You must read your policy carefully because the “Who”,
“Why” and/or “How” of this often differs.
In certain
instances, it may be possible to have your medical bills paid and yet avoid
any repayment by tapping into your health insurance coverage, or some other
plan you may have. Yes, this means, under certain circumstances, you may be
able to collect twice for the same medical bills.
What To
Do If An Adjuster Refuses To Cooperate
These Are
Your Usual And Routine Choices:
-
Threaten
that you're going to obtain the services of a lawyer to represent you.
-
Go over the
adjuster’s head.
-
Resolve
your loss in Small Claims Court.
-
Contact the
proper people (working through the State Department of Insurance)
implementing the time honored principle of “Good Faith” vs. “Bad Faith”.
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