March 29, 2024
ASK A LAWYER

Accident might not have been bad, but see doctor, lawyer and photo tech

Q: I was just involved in a car accident that wasn’t my fault. I’m not sure about the extent of my injuries yet (though I do feel pretty stiff and achy), and I’m not sure whether it’s serious enough to hire a lawyer. What should I do in the meantime?

A: Medical attention should be your first priority. Seek medical care immediately if you feel any pain or discomfort. Muscle and tendon injuries often do not fully surface for hours or even days after the accident. Be sure to follow the doctor’s instructions very carefully. The obvious reason is to make the best recovery possible. Should you decide to proceed with a claim for compensation, following the doctor’s instruction will also be important to support your claim. On the other hand, failure to follow doctor’s orders will come back to haunt you when the defense points out that your injuries wouldn’t be so bad if only you had followed the doctor’s orders.

If the accident was someone else’s fault, the other driver’s insurance company may have its adjuster try to obtain a recorded statement from you. You should consider carefully whether to submit to a recorded interview. You are not legally required to do this before a lawsuit if filed in court. The adjuster may try to pressure you and reassure you that you don’t need to have an attorney present, but remember, the insurance company is not looking out for your best interests. As nice as its adjuster may seem, the company’s objective is to avoid or minimize payments to you.

If you do give an interview, inconsistencies between what you say and what you said in reports to the police, doctors, and your own insurance company, or in subsequent testimony if the case goes to court, may be distorted, taken out of context and used against you, whether the discrepancies are minor or related to important details.

As soon as possible, take pictures of the damage to both vehicles, the scene of the accident and any obvious injuries, such as bruises, cuts, etc. If you’re unable to do this, recruit a friend or relative. Do this right away. Skid marks disappear, roads change, cars are repaired and visible injuries fade, as do memories. Photographs can be very helpful in conveying the force of impact and the extent of your injuries in a way that words cannot. Particularly in the age of digital cameras, it is a good idea to take plenty of photos from various angles with flash and without.

Recovering fair compensation takes both knowledge of the law and experience in communicating and negotiating with insurance companies and their lawyers. If you try to do this yourself without the assistance of an attorney, you will be at a severe disadvantage. As a general rule, anyone who has suffered injuries or damage as a result of an auto accident should consult an attorney for a realistic legal assessment of any possible claim before speaking with the other person’s insurance company, accepting a check or signing an agreement.

So the short answer to your question: 1) See a doctor and follow medical advice, 2) take pictures, 3) consult an attorney, and 4) don’t talk to the other insurance company until you have the assessments and guidance of a professional.

This column is a service of the Lawyer Referral and Information Service of the Maine State Bar Association. Its contents are a general response to the question and do not constitute legal advice. Questions are welcome. Go to AAL@mainebar.org, describe your question and note you are a BDN reader. Written questions mailed to “Ask a Lawyer,” Bangor Daily News, P.O. Box 1329, Bangor 04402-1329 will be forwarded to the LRIS.


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