It is important to take certain steps following any serious car accident to protect the value of your personal injury claim. Insurance claims adjusters will deny a car accident injury claim for compensation unless you preserve evidence of liability and damages.
Statistically speaking, we will all be involved in a car accident at some point in time in our lives. The severity of the accident itself will determine whether a personal injury claim for compensation is justifiable against the negligent driver's car insurance company. Personal injury victims that attempt to negotiate directly with an insurance claims adjuster following a serious Missouri car accident are treading on thin ice. If you do not have the assistance of a skilled Missouri car accident lawyer, make sure to take the following steps to avoid a claim denial letter from the other driver's insurance company.
1. Obtain contact information of any and all witnesses at the scene of the car accident and keep that information in a safe and secure location. Also take photographs of property damage and any skid marks or other evidence available at the scene. Do not rely solely on law enforcement to do the investigating for you. Be proactive and preserve your own evidence; this is of course, if you are medically able to do so. If you are to injured to obtain witness documentation and photographs, contact a family member or friend and have them rush to the scene to do it for you.
2. Seek medical attention immediately, even if you are not catastrophically injured. Seeking medical care is necessary for two reasons. First, it is for your own good medical care to get the opinion of a physician as to your injuries. Second, it documents the injury in a record that can be used as evidence in your Missouri personal injury claim against the negligent party's insurance carrier.
3. Contact a Missouri personal injury lawyer for free advice. Most lawyers offer a free initial consultation and can provide pointers on how to best handle your accident injury claim. Personal injury lawyers know the tactics used by insurance claims adjusters and can offer advice that the injury victim can use to preserve his or her claim and maximize compensation for the claim.
4. Never sign a Release of claim for compensation unless you are 100% recovered from the injuries sustained in the car accident. In Missouri, you have five (5) years from the date of the crash to file a car accident injury lawsuit. Don't let a claims adjuster fool you into thinking that you "must" settle your case and accept a lowball settlement offer because "time is of the essence."
5. Never sign a medical record release authorization to allow the insurance claims adjuster to obtain all of your medical records. These authorizations are notoriously overboard and ambiguous, and allow for the adjuster to essentially obtain all of your medical records since birth. This is an unfair invasion into your personal medical file and a Missouri circuit court judge would never let this fly.
6. Continue with medical treatment until you have recovery 100% from your injuries and request your treating doctors to write opinion reports as to your future medical treatment and future medical costs. These reports can prove useful when haggling with the insurance claims adjuster over the necessity and cost of future medical care.
7. Understand that in Missouri, a car accident claim for compensation consists of recovery for past and future medical bills, past and future lost wages, emotional damages (if they exist), and pain & suffering. Personal injury victims are not merely limited to compensation for medical expenses. Also note even if health insurance covered your medical expenses, that you are STILL entitled to compensation for them from the negligent driver's car insurance.
Handling your own Missouri personal injury claim can be tricky and intimidating, especially when dealing with a highly-trained claims adjuster. If you avoid these common mistakes, you have a much better chance at obtained fair compensation for your Missouri car accident personal injury claim.
