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If you are in a car accident, here are some helpful hints about what to do and what not to do. This advice assumes you are not hurt to the extent that you need an ambulance. It assumes you are coherent and able to walk. Obviously, if you are seriously hurt, you should await paramedic help and not try to move. Here are some basic DO's:
DO CALL THE POLICE - get police on the scene to get a description of the accident and get all information from all drivers and witnesses.
DO LISTEN TO ANY STATEMENTS THE OTHER DRIVER MAY MAKE, AND OBSERVE IF HE OR SHE APPEARS TO BE INTOXICATED. An admission of fault by the other driver can be used against them in court. Observations of intoxication or odors of alcohol on the driver may prove crucial later.
DO GET THE NAMES ADDRESSES, PHONE NUMBERS AND INSURANCE INFORMATION OF THE OTHER DRIVER AND NAMES, ADDRESSES AND PHONE NUMBERS OF ALL THOSE AT THE SCENE WHO MAY HAVE WITNESSED THE ACCIDENT. This information could later be crucial in proving your case.
DO GET MEDICAL ATTENTION RIGHT AWAY. Even if you feel O.K., the longer you delay seeing a doctor, the less documentation you have of your accident. It is best to go straight to the emergency room. It is likely that even if you don't hurt at the scene, you will begin to "stiffen up" within an hour or two after the accident.
DO GIVE THE DOCTOR A DETAILED HISTORY -tell the doctor exactly how the impact to your vehicle occurred. Tell the doctor about everything that's hurting you, even if it doesn't hurt much. It may hurt more later on.
DO TAKE A LOT OF PICTURES of all the damage to your vehicle before you have it repaired, as well as any visible physical injuries. Try to use a decent quality camera.
DO SEEK THE ADVICE OF ANY ATTORNEY who specializes in personal injury cases as soon as possible.
DO CONTACT YOUR OWN INSURANCE COMPANY RIGHT AWAY. You may be entitled to benefits on your policy that require that you notify your company of an accident right away.
WHAT NOT TO DO IF YOU ARE IN AN ACCIDENT (DON'T'S)
NEVER, EVER ADMIT ANY FAULT NO MATTER HOW BAD YOU FEEL ABOUT THE ACCIDENT Your admission can be used against you in Court. It is best not to make any statements to the other driver. Even if it seems absolutely clear that the other person is at fault, the law in Virginia and North Carolina is that even if you are one percent at fault for the accident– you can NEVER recover for your injuries.
NEVER LEAVE THE SCENE OR MOVE THE VEHICLES BEFORE POLICE ARRIVE.
NEVER DOWNPLAY YOUR INJURIES OR SAY YOU'RE "O.K." AT THE SCENE.
Soft tissue and disc injuries often take hours to days to begin to really hurt. If you are asked, always say " I think I'm hurt, and I plan to see a doctor to look me over." If you have any pain at all, and the officer offers an ambulance, you should consider letting him or her call one for you.
EVER GIVE A STATEMENT TO THE OTHER DRIVER'S INSURANCE COMPANY, EXCEPT AS TO THE VERY BASICS. The insurance company will be in contact with you fairly quickly after the accident regarding the property damage to your vehicle. That does not give them the right to ask you detailed questions about your injuries. It is best not to speak to them at all regarding your injuries until you seek the advice of an attorney who concentrates on personal injury.
NEVER SIGN A DOCUMENT ALLOWING THE OTHER INSURANCE COMPANY ACCESS TO YOUR MEDICAL OR EMPLOYMENT RECORDS. The other driver's insurance company will usually send you these documents. Don't sign them, or they will may begin to harass your doctors and your employers.
DON'T TAKE MONEY FOR YOUR INJURIES OR SETTLE UNTIL YOU HAVE FINISHED TREATING. Insurance companies may try to offer you money for your injuries right away. The full extent of your injuries may not be apparent for weeks or months. Once you settle for your injuries, you can't get any more money, no matter what they say.
DON'T HIRE A "FAMILY ATTORNEY" FOR AN INJURY CASE. Many people have a "family attorney" who assists the family with wills, real estate closings, or domestic matters; however, this is usually not the best attorney to handle your personal injury case. It is best to seek an attorney who concentrates exclusively on personal injury cases.
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