For police, fire fighters and ambulance personnel trained to handle emergencies on a daily basis, car accidents are a daily occurrence; for them—and for personal injury attorneys— accidents are just another day at the office. For the rest of us it’s not that easy. There are some things you should remember that might not have been included in the driver’s manual you studied before getting your license. Here are some of your rights, as a victim, after an auto accident and what they mean:
You always have the right to hire an attorney after an accident. Your insurance company has attorneys and their insurance company has attorneys. You have a right to consult with an attorney to better explain your rights after an accident. He or she can advise you as to whether or not you have a case, exactly who and what you can sue for as well as give you an idea of what kind of settlement you can expect. An attorney can also advise you as to time limits to file your case and possibly keep you from losing before you have even gone to court. In particular, if you are injured due to someone else’s negligence you have the right to sue for things such as:
- Bodily injuries
- Past pain and suffering
- Future pain and suffering
- Mental anguish
- Hospitalization expenses
- Loss of ability to earn future money
- Property damage
You may also have the right to sue not only the driver of the other vehicle, but anyone else who may have been responsible for the accident. For example, if there was some defect to your car’s design or operation that caused the accident you may be able to sue the manufacturer.
You have the right to demand the other driver’s contact information such as driver’s license and insurance card, email address, and home, work, and cell phone numbers. This information is vital since not only will it allow you to be able to contact this person and his/her insurance company, but it will also be helpful if the other party is hiding the fact that he/she does not have insurance.
You have the right to take as many photos as you can. These days everyone has a camera within reach at nearly all times. Take pictures of the damage done to both cars and the area around the accident as well as any physical injuries. These photos can serve as invaluable tools in any future legal action.
You have the right to obtain the police report of the incident. Before the officer leaves the scene ask for his/her contact information such as badge number, name and department. Also ask for the reference or service number of the report. It should be made available to you after a few days.
You have a right to not make incriminating statements to the other party’s insurance company such as “It was my fault” or “I’m sorry.” The other party’s insurance is not your advocate. They are looking for admissions of guilt/liability and for reasons to deny your claim. You could end up saying something that could damage your case. A serious personal injury attorney in Los Angeles such as Daniels Law can communicate with the other party’s insurance.
For most of us accidents are a confusing time that tests our abilities at crisis management and also test our common sense and judgment.
Bill Daniels is a trial lawyer and shareholder with the law firm of DANIELS LAW in Sherman Oaks, CA. A graduate of Loyola Law School of Los Angeles, he is a former member of the Consumer Attorneys Association of Los Angeles Board of Governors, a founding member of Loyola’s Civil Justice Program and a past president of the Encino Lawyers Association. Since 2007, he has been named a Southern California “Super Lawyer” by Los Angeles Magazine. Mr. Daniels focuses his practice on serious personal injury, insurance and employment. For information, visit our website at www.daniels.legal or contact us through e-mail: Info@danielslaw.com.