5 Steps to Protect Yourself and Loved Ones Involved in an Accident
Information provided by San Diego accident attorney Frederick Dudek
Every year thousands of people are involved in motor vehicle accidents, ranging from minor “fender benders” to tragic fatal collisions. Even minor accidents can be disruptive and create financial, insurance and legal problems. If you or a loved are involved in a motor vehicle accident, here are things you can do to help:
AT THE SCENE
1. HELP the injured. Call 911 if the accident is serious. Move the vehicles to a safer area, if possible. Get everyone away from traffic. (Do not attempt to move anyone who is unconscious or seriously hurt, unless they are in immediate danger.) Raise the hoods of vehicles to signal other motorists.
2. EXCHANGE INFORMATION. Write down names, addresses, phone numbers and insurance information for all drivers. Ask to see the vehicle registration, driver’s license and evidence of insurance. Provide your information to others. If the police or CHP are involved, write down the responding agency, officer’s name, badge number and report number. If you are unable to obtain this information at the scene, it may be critical to obtain this information as soon as possible from the appropriate law enforcement agency. To receive a free glove box brochure which contains two “Information Forms” (one for you and the other driver) call 858 530-4800 or click here and check the box for the brochure “What to Do in Case of an Accident”.
WITHIN DAYS (sooner for serious injuries)
3. ARRANGE medical care. Often, medical care is more effective if it is begun soon after the injury occurs. Delaying initial or follow up treatment may prolong your discomfort and recovery. Serious injuries may require coordination and approvals of multiple insurance and medical groups.
4. REPORT the accident. California law requires written notice to the Department of Motor Vehicles (DMV) within 10 days if anyone is killed, injured or property damage exceeds $750.00. Many insurance companies require prompt notice of claims as part of their policy. Ask your insurance company if they will file the proper DMV form on your behalf. To obtain this form (called an SR 1 Form) directly from the DMV, click here.
BEFORE SIGNING ANYTHING (immediately for serious injuries)
5. Talk to a San Diego injury lawyer. Understand your rights and responsibilities before you agree to or sign anything. The other driver’s insurance company (which is not required to treat you fairly) may pressure you to make important decisions before you get legal advice. Some insurance companies routinely ask injured people to give them unlimited access to private medical and employment records! DO NOT release your private records (which are protected by federal and state law) or your vehicle (which may be critical evidence) sign anything, give a statement, or make any important decisions before speaking to a licensed attorney. Get advice from someone “on your side” who has experience with motor vehicle accidents. Be aware that your own insurance company may not be “on your side” if the other driver is uninsured (or underinsured). For a free, no-obligation telephone consultation, call 858 530-4800 to request a free consultation with a San Diego injury attorney.
For fatal or serious accidents, ask a trusted relative or friend to contact a lawyer immediately. Although you may be overwhelmed with medical or funeral arrangements during this difficult time, insurance companies representing others will respond quickly to protect their interests. They may attempt to control critical evidence that is vital to your claim. For these very serious cases, it is often essential to obtain photographs, measurements, identify witnesses, etc. as soon as possible and before things change due to time, weather conditions, or the actions of others.
The DUDEK LAW FIRM offers the above information in a free brochure, designed to fit in a vehicle glove box. The useful brochure also contains two “Information Forms” to exchange with the other driver in case of an accident. It also has a pocket to hold your Vehicle Registration and Proof of Insurance, which you are required to show law enforcement officers. For a free brochure, please contact San Diego injury lawyer Frederick Dudek at 858 530-4800.
HOW THE DUDEK LAW FIRM CAN HELP
Principal Frederick M. Dudek is an experienced personal injury attorney who assisted many individuals and families with automobile accident claims and cases for over 15 years. The DUDEK LAW FIRM can help you in the following ways:
- Properly report your accident to the appropriate government agencies;
- Interact with the other driver’s insurance carrier;
- Coordinate your medical treatment and insurance billing;
- Gather the important evidence necessary to document your claim;
- Prepare a “Demand Package” to obtain maximum compensation for you;
- Negotiate with the insurance carrier regarding “demands” and “offers”
- File suit when necessary (this may be the only way to obtain proper compensation, depending on numerous factors beyond your control);
- Litigate your case, including discovery, motions and pre-trial matters;
- Try your case before a judge or jury
- File, prepare and argue your appeal (or defend the appeal if you win at trial)
Each of these ten areas can be difficult for anyone who is unfamiliar with the laws, customs and procedures that apply. Frequently, auto accident victims find themselves dealing with insurance adjusters and or defense attorneys who do this for a living and are trained to obtain signatures, recorded statements and concessions quickly and before injured people get legal advice. Hiring your own experienced attorney, soon after an accident, gives you a much better chance to compete with the big corporations and insurance companies whose financial interests are the opposite of yours.
Frederick M. Dudek is admitted to practice before all courts in California. He is also admitted to the United States Court of Appeals for the Ninth Circuit and is a member of the prestigious Bar of the Supreme Court of the United States. In addition, he has been admitted for specific cases by courts in ten different states, Washington D.C, and the Northern Marinara Islands. As a result, the DUDEK LAW FIRM can assist you throughout the legal process, from the initial claim to the highest level of appeal. Please contact our law firm now.