1. Stop: Failure to stop may
result in criminal charges. Stay calm, turn the ignition off,
and turn on your emergency flashers.
2. Ask for medical help and police assistance: if you are
injured, call 911 and ask for the police and an ambulance if
necessary. Make a mental note to yourself of how you are feeling
physically, noting any pain or discomfort you are experiencing at the
scene. Also note where you were looking when the impact
occurred. Did your body strike anything inside the car? Refusing an ambulance may cause trouble down the road.
3. Police report: The police report is one of the
most critical pieces of evidence in your case. It is extremely
important that you communicate your version of the collision to the
police officer to ensure that your side of the story is written into
the police report. If any witnesses are present, it is important
to make sure that the police officers note the name(s) of the
witness(es) and his/her phone number in the police report. If
possible you should also take the names and phone numbers of any
witness(es) just in case the police officer fails to note them.
4. Injured or feeling pain: If you are
injured or in pain, tell the police officer. The first record of your
injuries or pain will be contained in the investigating officer's report.
If you fail to mention to the police officer that you were injured or
you refuse an ambulance, it may create suspicion in the mind of the
insurance adjuster who will ultimately evaluate your claim.
5. Get medical treatment: If you are injured,
obtain medical treatment. Go by ambulance or go to the nearest
hospital emergency room or to your personal physician. An injury, if
untreated, may become substantially worse. If you fail to seek
treatment or have a long delay in getting medical attention, an insurance
adjuster may suspect that you are not injured and discount your claim.
6. Paying the medical bills: Every
motor
vehicle insurance policy in Massachusetts includes coverage under a
section called Personal Injury Protection (PIP). The PIP law
requires insurance carriers to pay up to $8,000.00 in medical bills and
expenses (unless you choose a deductible) for injuries sustained in a
car collision and will pay 75% of any lost wages, with a doctor's
note. If
you have health insurance, PIP only pays the first $2,000.00 in medical
bills. The insurance company responsible for paying PIP benefits
is the vehicle that you are in at the time of the collision, regardless
of fault. If you are a pedestrian, the vehicle that struck you is
responsible for PIP benefits.
7. Take photographs: You should always take
photographs of any damage to your vehicle before it is repaired.
8. Contact your insurance agent/company: Report
your loss to your insurance agent/company. Do not give a statement
to the other driver's insurance adjuster.
9. Underinsured/Uninsured coverages:
Uninsured/Underinsured coverage protects you in cases where you
have been injured. Call for details.
10. If you have any injury, do not try to settle your own
claim. An experienced personal injury attorney will generally be
able to obtain substantial more compensation for you then you will be
offered in settlement by an insurance adjuster, even after payment of
an attorney's fee.