Fairbanks Alaska Statewide Personal Injury Lawyers - Auto Accidents

What to Say...and Not Say...After an Accident

James Cool — Wed, 15 Apr 2009 13:12:56 GMT

An accident, even one in which you aren’t severely injured, can be a shocking experience. Accidents can leave your heart racing and your hands shaking. And often, while you are in this state, you’ll start to receive questions. What happened? Was it your fault? How fast were you going? Just after an accident, and as the insurance claims process progresses, many questions will come your way. It’s important to know what to say and what not to say. First off, it is common before drivers check their cars to check on the welfare of passengers and drivers of both vehicles. If someone asks you “Are you okay?” it may be best to say “I seem to be okay” if you feel alright or “I may need some medical attention, but not right now.” Overall, you want to avoid saying that you are perfectly fine. The reason for that is that many injuries sustained in an accident are masked by the shock and adrenaline that an accident can cause. Often, back and neck injuries, headaches, or numbness related to a car accident do not present themselves immediately.

Perhaps most importantly, do not apologize for anything or claim fault at the scene. Even if you are at fault, you’ll have the opportunity to apologize or explain later. However, just following the accident it is important not to expose yourself to unnecessary or undeserved liability. You may say “I’m glad that everyone is okay” or “I hope that everyone will be okay” but it is not appropriate to say “I’m sorry for not looking to my left...I could have avoided this accident.” While you may feel that you are responsible for an accident, you may be assigning fault to yourself prematurely. There are many things that you simply cannot know at that early stage – has the other driver properly cared for the car and its brakes? Were the lights functioning properly? Until you know more about the accident and have spoken with someone that can advise you in a calmer environment, you should not make statements about fault.

Just after the accident there are things that you should do and say. If you do not need medical attention, share your contact and insurance information with the other driver (or drivers). Make sure to take down the plate numbers of the other drivers, and if all will agree, you may want to get drivers’ license numbers as well. Finally, if there are witnesses on the scene, ask for their names and phone numbers. Get a brief description of what they saw. Although the police will do the same, it may be easier for you to do this than rely on the content of the police report. You also stand in a position to quickly get that information from witnesses, when their memories are still fresh. Sometimes it can take time for police to respond to an accident, especially in cases where the accidents do not involve injuries. However, you may want to obtain and review a copy of the police report before talking to your insurance company.

When you speak to your insurance company, be truthful even if you believe that you are at fault. To do otherwise could result in denial of coverage. Lying to the insurance company can constitute fraud, and often will result in more severe consequences than an accident itself. If you think you may be at fault, but you are not sure, you may say “I think I may be partially responsible” and explain. Make sure to use the police report and your recollections of the accident to help the insurance company understand the role that each driver played. Oftentimes, both legal fault and fault as assigned by the insurance company will be shared by the parties. You do not have to suggest a percentage of fault to the insurance company, but you should make sure to include facts that support your case and make sure to present a clear picture of what happened.

Finally, what you say is important – but so is who you make statements to. It is important that you only discuss the accident with your attorney, insurance company, or the police. You may also discuss the accident with a counselor if needed. However, if you choose to speak with anyone else about the accident, you should speak to your insurance company or an attorney first. (***YOUR INSURANCE COMPANY WILL TRY TO SCREW YOU BLIND IN YOUR STATEMENT IF THE OTHER DRIVER HAS NO INSURANCE … AND THIS BECOME A U/UIM CLAIM … BE CAREFUL***) Be especially careful of making statements to the representative of the other driver’s insurance company. If you receive a call or questions from the other driver’s insurance company, direct them to speak with either your attorney or your own insurance company. The person handling your claim for your insurance company can set up an interview and advise you about how to conduct yourself.

Originally posted at InjuryBoard by James Cool

Two-Car Accident in Fairbanks Takes Out Traffic Light: What Those Involved Need to Know

James Cool — Sun, 30 Nov 2008 23:40:17 GMT

Fairbanks, Alaska—The Fairbanks Daily News-Miner reports that a two-car accident on November 25, 2008 took out a major traffic signal at the intersection of Ballaine and Farmer’s Loop roads near the University of Alaska campus. The accident involved four people. Two of those involved, a man and his 6-year old daughter, were taken to the hospital for treatment of injuries they sustained in the accident. Our wishes for a speedy recovery go out to those injured and our sympathy to everyone involved in the accident. Being involved in an accident is a very stressful experience and there are several things that the parties involved should be aware of.

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that all adult parties have two years to file a claim, settle it with the responsible party or the claim goes away and you will never be able to file it. In the case of the minor(s) involved, in Alaska minors have until two years following their 18^th Birthday to bring the claim under most circumstances.

(2) If you were a driver in either vehicle, your insurance policy may be available to cover any injuries you sustained in the crash. With respect to the father and daughter who were injured, you may be advised that the other driver’s insurance policy may have a medical bills provision which will cover your injuries and treatment up to a specified amount. However, this will require you to sign a release of claims. This means that you would be forced to give up any/and all claims for that accident against that insurance companies insured. For this reason, it’s critical that you see an attorney who handles these kinds of cases. Additionally, even if that driver is uninsured or not adequately insured, then your under/uninsured motorist coverage may cover any shortfall. If any of the drivers were driving a vehicle other than their own, the vehicle owner’s auto-insurance policy may cover you as a driver of the vehicle.

(3) Seek out the incident report from the Alaska State Troopers ASAP - and consider hiring your own investigator (Visit here for information on obtaining reports. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you can collect evidence from the scene where the accident happened, the more valuable it will be.)

(4) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have a viable claim. However, it is critical that you speak with someone who can properly advise you of all of your rights.

(5) Please remember that any statements you make to the police or to your, or anyone else’s insurance company may be recorded and later used against you. For this reason, it is imperative that you speak with an attorney. Additionally, your attorney will be able to handle your discussions with your insurance company without exposing you to any unnecessary problems and can advise you of how to best obtain compensation for any injuries you sustained in the crash.

(6) Contact an attorney to help you ASAP. For more information on finding an attorney you can contact Ward Merdes for a referral at the number below or you can contact the Alaska Bar Association for a free lawyer referral at 1-800-770-9999, or visit the National Board of Trial Advocacy website at www.nbtanet.org.

We encourage everyone to drive safely in the area surrounding the damages traffic signal and to proceed with caution around the area until the City can install a permanent traffic signal. No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully, particularly at this dangerous time of year in Alaska. For more information about staying safe on Alaska’s icy roads and everywhere else, please visit www.slowdownalaska.org.

While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to the parties involved. No matter who you contact, just be sure to hire an attorney who has handled cases like this before.

Originally posted at InjuryBoard by James Cool