What Are My Rights as a Victim in an Accident?

What Are My Rights as a Victim in an Accident?

Exercising Your Rights at the Scene

It is unfortunate that someone else’s negligence can present many traumatic experiences for you following a car accident. Although it may seem like your options are limited, you do have rights that can ease your physical, financial and emotional burdens.

While you may need to pursue them with determination, documentation and perseverance, your rights allow you to seek compensation for injuries and property damage. A settlement may result from a lawsuit or a claim against the other driver’s insurance company that you or your california personal injury attorney can negotiate.

No one can deny the rights that assure Personal Injury Victims of fair treatment following a car crash. Immediately after an accident, you may need to use them so that you can preserve them. No one can deprive you of your rights. First, however, you need to know your rights to avoid unknowingly surrendering them.

While the rights that allow Personal Injury Victims to seek compensation, the responsibility rests with you to exercise them. When you exercise your rights, you can enhance the likelihood of receiving a satisfactory settlement.

1. Notifying the Police

Although others involved in a car accident may not want to contact the police, you have a right to do so. An official police report provides one of the most important sources of evidence you need for a personal injury claim.

Whether the accident seems insignificant or not, a written record can prevent misleading reports from occurring. In addition, emergency services may respond along with the police to aid the drivers, passengers or bystanders who may need it.

Insurance company claims’ respect attorneys, adjusters and police reports that contribute significant documentation to your claim. Even more, the police account may provide evidence of fault. In conclusion, never agree to avoid contacting the police.

2. Photographing the Scene

The scene of an accident contains valuable information about what happened, but evidence can disappear once vehicles are removed. Weather conditions may change rapidly, and you have a right to record the scene and any vehicle involved. When you photograph the location and your injuries, it helps you exercise the right to recovery.

The evidence of a car crash can vanish quickly, but photographs remain forever. Accurate descriptions of the scene can make the difference in winning a claim. When you use your camera or smartphone to take pictures, make sure to put them in a dated folder where you can find them.

A shot of a scene with both vehicles visible provides an excellent description of what took place. Take note of any missing traffic signs or signals that may have contributed to the crash. Pictures of your injuries, the damage to your vehicle and the condition of the other driver’s car create a stronger case/claim.

3. Talking to Witnesses

Everyone who saw your accident has valuable information that you may need later, and you have a right to talk to them. You may ask for witnesses’ contact information and record it. If you request them to share their story with the police, your effort may improve the completeness of the official record.

In addition to the contact name and phone number, witness accounts of what happened in the accident can provide essential corroborating data. Ask them to describe what happened in a written statement. Even if they do not agree to do so, solicit descriptions that give you a sense of the accident as it occurred.

Witness descriptions help make your claim stronger. However, please do not ask for their opinion of who caused the accident. Your california personal injury attorney can handle that issue at the proper time.

4. Remaining Silent

No one at an accident scene can require you to say anything, but you do want to cooperate with the police. You have a right to avoid talking to the other party at the scene or any later time. When you have a california personal injury attorney, you can refer the other party’s insurance investigators to a qualified professional who represents your interests.

Discussions about the accident rarely lead to good outcomes for compensation claims. The law requires you and the other driver to exchange insurance information but nothing more. When either parties are angry or remorseful, an admission of fault may occur.

When you maintain silence, you can avoid answering any questions from the other driver’s insurance adjuster.

5. Receiving Medical Treatment

Personal Injury Victims may sustain wounds that may not seem noticeable at first. Your right to get medical attention ensures the diagnosis of injuries and a treatment plan if you need it. The aftermath of a car crash can temporarily disorient you as it also affects your judgment. While you may think that you do not need medical attention, take a moment to reconsider.

Remember that a doctor’s note, treatment recommendations and seeking medical attention after an accident can provide evidence of your injuries and the damage that caused them. In addition, a complete set of medical records makes it difficult to refute your condition as it establishes a basis for your settlement.

When you receive a treatment plan, make sure to follow the orders strictly. Any evidence that allows the at-fault driver’s insurance company to doubt the seriousness of your condition can damage or cause the denial of your claim.

6. Seeking Legal Representation

A personal injury claim can take months or years to resolve, but the documentation efforts you make after an accident can create a difference. You have a right to request guidance from a california personal injury attorney who can guide you through the complicated and confusing process.

Legal counsel can protect your rights after an auto accident and provide the emotional support you need during a challenging time. Even if you did not do anything more than take photos of the accident scene and talk to a few witnesses, you show good judgment by presenting your documentation to a car accident attorney.

The benefits of having an expert in the legal system by your side include assurance of understanding how the evidence you gathered helps your case. First, your attorney can review and analyze the information you compiled. Then, you get assistance in preparing a complaint against the driver liable for the damages you experienced if your case goes to court.

When insurance companies find that you have an attorney, the possibility of a lawsuit can make them settle sooner. Otherwise, a practice of delaying can cause the discouragement that persuades you to accept a minimal settlement. With the potential for long-term medical care or unemployment, you need the representation that a california personal injury attorney provides. The expense of hiring a lawyer becomes minimal when you can prevent the pattern of delays that insurance companies often use.

Representation can help you receive compensation for procedures that restore your quality of life and the cost of medical aids. Over the coming months and years, you may need prescriptions for expensive pain medications, physical therapy and psychological counseling. Payment for your lost wages or missed employment opportunities may become part of your settlement. The damage that your car received provides a basis for compensation. Further, your settlement can include the cost of any equipment or materials with you in the vehicle.

Reviewing Mistakes to Avoid at the Scene

In the commotion after an accident, you may not think as clearly as you otherwise do. Consequently, some mistakes that Personal Injury Victims make at the scene can affect the right to recovery.

• No matter who asks, never admit anything. In the confusion of the moment, you may say something that the at-fault driver may try to use against you later.

• Under no circumstances do you want to accept a settlement on the spot. A quick cash agreement can tempt you not to file a legal claim.

• Remain at the scene to talk to the police unless you need immediate medical attention.

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