7 Fatal Mistakes That Can Destroy Your Personal Injury Case
In the event you are involved in a motor vehicle accident and have sustained injuries, you need the information contained in this article to help ensure that you do the right things to keep your case against the driver and owner of the offending vehicle viable.
1. LYING
Is never a good idea. Making up accident facts, adding victims to an accident report who were not in the car and lying about your injuries will do nothing more than damage your credibility and possibly ruin your chances of any type of settlement on your case.
The insurance carriers will figure it out.
Insurance Companies invest a lot of money in determining whether your story rings true. They utilize in-house and outside investigators to take sworn statements from you, to question your doctors and to take video surveillance of you.
In addition, they hire their own doctors to examine you and make sure that you were injured as you and your doctors say you were.
The insurance carriers have been doing this a long time, and they know virtually every trick in the book. The facts of your accident are the facts and your injuries are your injuries. If you are not really injured, consider yourself fortunate.
2. NOT BEING HONEST ABOUT PRIOR ACCIDENTS
Insurance companies rely on different types of databases to verify your accident claim, one of which is called the Central Insurance Bureau or CIB. The CIB keeps data on all of your prior car accidents and injuries. If you fail to disclose a prior accident or tell the insurance company that you have never had previous injuries, the carrier will be able to verify that information through the CIB. If your case goes to trial, your credibility will be compromised, as the information on the CIB report can be entered into evidence against you.
3.ADMITTING FAULT AT THE ACCIDENT
Don’t admit to any kind of liability on your part but just stick to the facts without expressing any opinion. It won’t do you any good getting really angry and making a stink at the accident scene either. The determination of fault is affected by many different circumstances. It is not your job to admit fault but is the job of the insurance investigators to gather all the necessary facts and evidence and then decide on liability.
4. REFUSING MEDICAL TREATMENT
Many times directly after an accident, the adrenaline or even shock you feel can mask the pain of a personal injury. The problem is, it will be harder for you to make a claim later if there are no records of you going to the hospital or doctor or obtaining a diagnosis of an injury caused by the accident. Doctors or chiropractors provide an important function in addition to treating an accident related injury. They document the examination and treatment of your injuries.
5. SIGNING ANY DOCUMENTS PROVIDED BY THE INSURANCE COMPANY WITHOUT KNOWING WHAT THEY ARE
Don’t sign any document that is a release or a waiver of any kind. If you are not sure about what you are being asked to sign, consult an attorney for help. In addition, don’t take any check as a full and final payment unless you are certain that it is a fair compensation for your losses.
6. TELLING THE INSURANCE CARRIER TOO MUCH
If you have any questions concerning insurance coverage, your attorneys are available to discuss them with you.
Don’t give anything in writing to any insurance company employees whether your own or the other party’s, if you do not understand any part of your policy or claim.
Anything you say to an insurance company or the other party after an accident can and probably will be used against you later in the settlement negotiation.
Remember, these people are not your friends. They are paid to settle with you for the least amount of money they can get away with. Even someone who seems really friendly and interested in you, isn't. The only person who is looking out for you is you, unless you have an attorney representing you.
7. MISSING THE DEADLINE TO FILE YOUR CLAIMS
There are various deadlines for filing claims against your own and the other party’s insurance carrier. Too often, people let these deadlines slip away and then they are unable to file a claim or get compensation for their injuries.
