There many unique aspects of Columbia car accident cases which could affect an individual’s financial recovery. Some mistakes people make after being involved in a motor vehicle collision include denying medical treatment at the scene, speaking to insurance companies without legal representation, and accepting settlements. They may also, in an attempt to get to a safe environment such as home, take photographs of their motor vehicle, allow a towing company to remove their motor vehicle, and seek out the contact information of certain witnesses at the scene. Due to adrenalin and the endorphins, they may not be fully cognizant of what they are saying and may inadvertently admit fault when they had no liability in causing the collision at all. Lastly, they may not contact an attorney as soon as possible after safeguarding their physical well-being.
Immediately following a motor vehicle collision, it is best to reach out to an experienced car accident attorney at A.W. Smith Law Firm. Our attorneys could help you understand the nuances of car accident cases and can help you seek compensation from the negligent party who caused the crash.
A The danger of giving a recorded statement to the other driver’s insurance company before consulting with an attorney is that it could be considered admission against interest. Oftentimes an insurance company would call them up with no prior warning, identify themselves, and say they want to take their recorded statement. A person caught off guard would automatically become anxious because they are being recorded over the telephone.
They are asked all these very detailed questions about the car accident without having an opportunity to prepare ad recollect. Sometimes they may be vague, and sometimes they may just be mistaken because they were not prepared for the statement. As such, they may give contradictory statements as to what occurred, or they may be very vague. Once they consult an attorney and as the litigation goes on, those statements could be used against them as an admission against interest. It could often show weaknesses in a person’s case because a claims adjuster, insurance company, judge, or jury may find those inconsistencies as being untruthful when the exact opposite is true.
Some common scenarios where the other driver’s insurance company might offer a check include situations in which immediately following a collision a person incurs medical expenses. An insurance company may offer a check for the immediate medical expenses and only the immediate medical expenses in hopes that the person would cash them. If a person cashes a check, sometimes that could be considered a “release of their claim.” Since they accepted this check and cashed this check, they no longer have a claim against the other driver because they have been compensated for their claim.
The problem that could occur is once they cash that check it goes towards their immediate medical expenses and not any type of future medical expenses. That does not consider current as well as future pain and suffering that they may go through because of the injury they sustained during the collision. The settlement may not compensate them for any time of work that they are going to have to undergo in recovering from their injuries. That may not compensate them for the inconvenience that they have gone through as a result of the collision.
Some specific ways an attorney could help their client navigate after being involved in a car accident include compiling their medical records and bills. This ensures that a person’s health insurance or medical expenses are being addressed so that collections do not get involved, which could affect their credit rating and add additional stress to the situation. Whenever a person is involved in a motor vehicle collision, they are anxious, nervous, in shock, and have adrenalin and endorphins going through them. Sometimes that could cloud judgment, so they may not know to get witnesses’ contact information or to take photographs. They may not know exactly the proper procedures to take.
Also, an attorney could advocate on behalf of the plaintiff when dealing with the other driver’s insurance company. This includes taking a statement and providing information as to medical expenses and medical bills. For every step, their attorney is the persons’ advocate. The attorney is being the one trying to safeguard the person’s information, protect them, and provide the person with their maximum recovery.
Let an experienced attorney help your case. Call today to learn more about the unique aspects of Columbia car accident cases.