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What to do in case of an accident
Contact your insurance company as soon as possible. It is also advisable
to contact your personal injury lawyer before calling the insurance
company, if possible, to discuss the possible information that may be
needed.
If the other driver's insurance company contacts you, it is advisable
to request them to speak to your lawyer or to contact your lawyer. However,
you can request that an adjuster come to look at your car damage, or
to go to the repair shop of the other drivers insurance.
If there is any question as to your having broken any criminal laws,
it is advisable to speak to a lawyer first, in confidence.
Do not admit any liability on your part, stick to the facts but do
not express an opinion. It is not up to you to admit that you are at
fault. Many times people feel they are at fault when they are actually
not at fault. In fact, it is not unusual for the not at fault party
to even get a traffic ticket due to misunderstood evidence or perhaps
an unclear situation where who is at fault is a "swearing contest".
Make sure that you understand the insurance policy terms and conditions.
Do not put anything in writing about the accident, or submit to a sworn
statement of any kind, even on the telephone. Similarly, a recorded
statement over the phone is as good as a written statement and is, generally,
to be avoided until you speak with your counsel.
Get as many details about the accident written down as you can.
Often the police respond to the scene and only take down a single eyewitness
name even though there are several people that may have witnessed the
accident. Do not be bashful, ask for names and addresses.
Take photographs of your vehicle, and the other vehicle, if possible.
When taking photographs of your vehicle, make sure to take a photograph
of its license plate, so that there will be no question about which
vehicle you have photographed.
Do not sign a release or waiver until you are sure you understand it
completely, and you understand the long term effects of signing such
a document.
Do not sign and cash a check which has "payment in full",
"total release" or other terms which may later be used to
say that by accepting the check and negotiating it, you are bound by
the terms and conditions of some agreement you did not understand and
accept.
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