As a result of "stay at home" orders and other social distancing guidelines to help stop the spread of COVID-19, fewer North Carolinians are driving.
In fact, recent news stories report that some car insurance companies are reducing premiums because of fewer drivers on the road and fewer accidents. Some people still are required to drive because of essential business obligations or other commitments. And, eventually, life will get back to normal. Unfortunately, whenever there are drivers on the road, accidents can happen. A car accident can be an incredibly scary situation, even when there are no injuries. If there are serious personal injuries, it becomes even more important to take steps to ensure you get the necessary medical care and that you protect your legal rights. Below is a list of some of the first steps to take if you are injured in a car accident due to someone else's fault:
1. Get the Medical Care You
Need.
The most important thing to do if you are injured in a car accident
is to seek medical attention immediately. This includes EMS
and Emergency Room care immediately after the wreck. If the
Emergency Room physicians recommend following up with your primary
care doctor or another medical provider, do so as soon as
possible. Insurance companies are notorious for refusing to
cover damages for injuries when the medical care was
"delayed," or there is a "gap" in
treatment. Also, make sure you seek other medical care for
other injuries or symptoms that appear later or do not go
away. It is very common for some injuries not to be apparent
immediately after the wreck in the midst of adrenaline and
shock. Finally, certain types of injuries—particularly
head injuries—often go undiagnosed and untreated. It is
important to communicate all your symptoms to your medical
providers and to be an advocate for your own medical care.
The most important goal when a car wreck causes injuries is making
sure you get better if possible—no matter how long it
takes.
2. When You Obtain Medical
Care, Use Your Health Insurance.
Some people get confused and think they should not use their own
health insurance because the car accident was someone else's
fault. Or, they try to give their medical providers the car
insurance information for the at-fault driver. We always
recommend to our clients that they submit their personal health
insurance. Doing so helps prevent medical bills from piling
up. This is particularly true when it may be months (or in
extreme cases, years) before a personal injury case is resolved
with the at-fault insurance company, and all damages are
paid. And, health insurance opens treatment doors and ensures
that you can access all necessary medical care. Again, the
most important thing is getting the necessary medical treatment and
getting better. Health insurance helps that process.
3. Report the Accident to
the Appropriate Car Insurance Companies.
Of course, the first step is to report a car accident to law
enforcement. (In fact, North Carolina law requires reporting
wrecks involving injury or death to law enforcement.) Doing
so ensures that the accident is investigated and documented (in the
form of an Accident Report), and additional first responders can
provide assistance. In addition to reporting the wreck to law
enforcement, as soon as it is safe to do so, report the accident to
the appropriate insurance companies. An injured driver should
report the accident to both their insurance company and the
at-fault driver's insurance company. Even though the
at-fault driver's liability insurance company (if they have
insurance) will be responsible for any damages, your insurance
company may be responsible for certain types of insurance payments,
such as medical payments coverage (if you have that benefit on your
policy) or uninsured/underinsured motorist coverage (if the
at-fault driver did not have insurance or had minimal
insurance). Also, you may be able to have your own car
insurance company pay for your property damage (i.e., pay you the
fair market value for your car (if totaled) or pay to have the car
repaired) if the other party's insurance company is being slow
or non-responsive. This should not affect your own insurance
premiums since your insurance company will seek reimbursement from
the other driver's insurance company.
Importantly, it typically is best not to agree to provide a
"recorded statement" to the insurance companies about how
the accident happened, or provide details about your injuries or
medical treatment. Limit the discussions to reporting the accident
and beginning the process to address the property damage claim. If
you retain a lawyer, they can help communicate other necessary
information to the insurance company. Doing so helps prevents
portions of your statement from being taken out of context
later.
Note that other insurance companies may be involved as well, such
as when the at-fault driver was driving someone else's care, or
when they were driving in the course and scope of their employment.
However, an experienced personal injury attorney can assist with
this process. Potentially finding other sources of insurance
(including underinsured motorist/UIM coverage) actually is one of
the greatest benefits an experienced personal injury attorney can
provide.
4. Begin Addressing Your
Property Damage Claim.
If your injuries are such that you can get back to driving fairly
soon, you will need a vehicle. If your car is totaled, you
will need a new car. If the vehicle can be repaired for less
than 75% of its fair market value, the liability insurance company
will be responsible for the costs of repair. In the interim,
you will need a rental car. If your vehicle sustains
substantial damage but is still repaired, it could be worth less
when you later sell or trade your vehicle (diminished value), and
the insurance could also be responsible for this element of
damage. It is important to report the accident to the
insurance companies and get the property damage claim moving as
soon as it is practicable after the wreck. It typically is
fine for individuals to handle the property damage claim themselves
(without a lawyer). A property damage claim can be settled
without any effect on the personal injury (or bodily injury)
claim. Still, most personal injury attorneys should assist
with the property damage claim at no charge.
5. Document The
Process.
Make sure to keep track of all information and documents related to
the wreck, as well as all your damages. If you can, take
photos of your injuries and your vehicle. Keep all documents
related to the property damage claim, as well as your medical
treatment (bills and any initial records). Keep track of time
missed from work and any out-of-pocket expenses from the
wreck. All of this should be compensable as part of your
claim. An attorney can help with this process, as well.
But, the more you can maintain basic documentation of that happened
and what you are going through, the better.
6. Speak To An Attorney
Early.
These can be complex cases. Medical issues, insurance
coverage, anticipating and responding to legal defenses—all
these are the role of an experienced attorney. If litigation
is necessary, an experienced personal injury attorney can file your
case and fight for you—all the way to a jury trial if
necessary. An insurance company also is going to take a claim
much more seriously if it is backed up by a skilled attorney who
will file a lawsuit if the insurance company does not pay fair
compensation. Simply put, involving an experienced, committed
attorney will ensure that you protect your rights and also receive
guidance through a challenging, and often complex, situation.
Conclusion
Sadly, North Carolinians are injured in car accidents every day through no fault of their own. When that happens, it is important to know what to do to help ensure you get the best medical care possible and to help protect your legal rights. While contacting an experienced personal injury attorney immediately is the best approach, the above list will help ensure that you are doing all you can to protect your right to fair compensation under our legal system.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.