What to Do After a Collision or Injury

      When this article was originally written, it was presented at traps to avoid maximum recovery on a personal injury claim. The article has now been re-written as steps to take if you are injured in a situation where you believe another person or company may be responsible. While the focus here is on auto collisions, many of the points will be applicable to other situations.

     In the event of an automobile collision, the drivers involved must exchange insurance information. Also, in Oregon there is a duty to file an accident report with the DMV, except in situations involving low amounts of property damage only.

1. Take pictures. You should take pictures (or videos) of the scene of the collision (or other event). Also, take photos or videos of the bruising, scarring, use of braces, slings, crutches, and the like. This will make it easier to accurately portray your injuries, and in general will add settlement value to your case.

2. Get the Names of Witnesses. You should get the names and contact information for any witnesses at the scene, if it is possible and safe for you to do this.

3. See a Doctor. You should see a doctor as soon as possible. If you believe you might be seriously injured, if you may have suffered a head injury, or if you are not sure, it is a good idea to go to the emergency room. It is not uncommon in a case involving a cervical strain/sprain injury to feel OK at the scene of the collision, but feel bad the next day. In such case, get in to see a medical professional as soon as possible. If there is a gap of time before treatment is sought, it can have a detrimental effect on the value of your case.

4. Report the Collision to Your Insurer: You should be covered under personal injury protection benefits (PIP) that cover medical bills caused by a motor vehicle accident, and you want your insurer to be aware.

5. Talk to an Attorney.  There are potential problems with waiting too long to consult with an attorney. First, there are statutes of limitation, which place a limit on how long you can wait before bringing a claim. Also, for public defendants, there are often notice requirements (for example, a general requirement of 180 days in Oregon for giving notice to public bodies). So, by waiting too long, you could possibly lose your rights against some potential defendants or lose your rights in total. Additionally, it is much harder to find an attorney to take a case if it is too close to the statute of limitations. Further, you really have nothing to lose. Personal injury is one area of law in which attorneys generally give free consultations. An attorney may have ideas regarding possible avenues of recovery that you have not considered.

6. Should You Settle With the Insurance Adjuster?  After you are injured, you will often talk to the insurance adjuster for one of the parties that may be at fault. It is a good idea to consult with an attorney before you give an interview with or talk to an insurance adjuster. Insurance adjusters are employed by the insurance company. Their job, essentially, is to save the insurance company money, and to pay as little as possible on claims. You in fact are not required to make any statement or grant any interview to an adjuster for the opposing party. While in the vast majority of cases you net a better recovery if you do have an attorney (assuming there is one interested in taking your case), again, it is more prudent to make that decision after talking to an experienced attorney. Knowledge is power, there is a tremendous amount of information (and misinformation) available, and there is nothing wrong with learning all that you can. However, it can be a mistake to play your own lawyer.

© 2004, 2008, Bradley J. Schrock and Schrock Law Office, PC. Bradley Schrock is an attorney admitted in Oregon and Washington. The Schrock Law Office is located in conveniently located in Beaverton, Oregon, and offers convenient access and free parking. The initial appointment for a personal injury case is free of charge. Schrock Law Office, PC handles personal injury cases in Oregon, Washington and the Portland Metro area, including Vancouver, Washington.