Ten Things Automobile Insurance Companies Wish You Didn't Know
Or
How to Protect Yourself Should You Get Into a Car Crash
Despite Multi-Million Dollar Advertising campaigns that want you to believe that you are in good hands with good neighbors when you are involved in a crash, you seldom are. Rest assured the insurance industry own interest of maximizing collected premium dollars and minimizing the amount paid out will always be against your best interests. No matter how long you have known and trusted your insurance agent, when you or your family is involved in any type of vehicle crash, you need to protect yourself and your own interests and get good legal counsel.
1. NEVER negotiate or speak with any insurance company representative until after you have spoken with legal counsel. Insurance Companies have specially trained agents whom will come to your house within hours of a crash and try to convince you to accept a settlement on the spot in exchange of a release. Often you are still in shock, your head is still spinning and someone from the insurance company arrives on your door step. They act as your concerned friend so they can gain your confidence, and then get you to give up your right to fair and just compensation. It happens countless times, don't let it happen to you..
2. If you are injured or feel ill after a crash, NEVER, refuse medical attention. You may be embarrassed, not want to go to some strange hospital, or may even pretend you are not injured; nevertheless, both medically and legally you owe it to yourself and family to insist on prompt medical attention. If you ignore your injuries chances are they will not ignore you. You will find that you will feel worse not better as the hours go by. Not only has your waiting jeopardized your health, but the insurance company will now minimize all of your injuries and even claim that you were not injured, or if so not as a result of the crash.
3. If there is any chance of injury or significant vehicle damage, call the Police. They should attempt to recreate the scene, locate witnesses and obtain all the required insurance and ownership information. If the police are not at the scene you will be required to collect all the needed information, such as, injury, ownership, identify, insurance, location and license verification of all the drivers. Moments after a crash, few people will have their wits about them and be able to gather all the correct information. Your failure to collect and verify as correct all the required may prevent you from filing a claim and seeking compensation.
4. Don't be fooled into agreeing to have the other party privately handle the crash. Speak with an attorney and have the attorney immediately report the claim to your own company AND the other party's insurance company. We probably all have heard about the other party plead with you not to call the insurance company, and their promise to handle it themselves.. If a claim is not promptly reported, the insurance company may deny your claim because it did not have prompt notice of the incident. Because many forms of spinal injuries do not immediately developed, your failure to report the crash can result in denial of your claims for not only damage to your vehicle, but also for medical care, lost wages and compensation.
5. Every injured party is entitled to be paid for lost wages, transportation costs for medical treatment, and reimbursement for household help. So do not be a superhero and force yourself back to work at your job or at home until you have been medically cleared. Be smart and careful not to aggravate your injuries, allow them the proper time to heal.
6. Forms, Forms and More Forms:NYS DMV 104, NYS DB-450, NF-2, NF-4. You should speak with an attorney and get assistance in properly completing and filing several required reports and applications. In order to be entitled to have all your needed medical benefits, lost wages, transportation and household help costs reimbursed, you are required to complete and file an application for No Fault Benefits. Few insurance companies will volunteer this, you must request the application. Additionally, you may be entitled to New York State lost wages Insurance Disability, but need to complete an application and file it with the New York State Workers Compensation Board. Don't forget that the law requires you to file an accident report with the Department of Motor Vehicles within 10 days of the crash if anyone involved suffered injury or the damage to any one person's property exceeds $1,000. Invariably, all the insurance companies will also request that you answer to file their own comprehensive accident report.
7. A photograph can prove a thousand words. Document the property damage as soon after the crash as possible. Do not rely on the insurance company or the repair shop to take the photographs. The areas of damage on each vehicle is very telling. It will help demonstrate who was at fault and assist in proving any injuries. Therefore, try to locate the other vehicle(s) and photograph them. Take photographs of both the of scene and vehicles. Additionally, while the crash in still fresh in your mind, go back to the scene and photograph the street, intersection, traffic signs and lights and all vantage points.
8 Document medical limitations. We take for granted all of our daily activities. If for example you are a homemaker the level of daily activity and movement is probably non-stop. A common whiplash or other soft-tissued spinal injury which are common in automobile crashes, will significantly limit you daily activities. Keep a journal of what activities you can not do without pain and also record your daily medical limitations. Likewise, record the daily recreational activities you can no longer enjoy. Because it takes several months and sometimes years to conclude a claim for injuries, the daily journals are best evidence of your suffering and limitations.if you work outside the home keep a detailed daily journal of limitations
9. Don't trust the insurance company to select your coverage limits. Make sure you have adequate insurance coverage before the Crash. There are generally four separate parts of automobile insurance: Liability--coverage when you are at fault; Property-- coverage for damage or theft to your car; PIP: Personal Injury Protection or coverage for medical injuries, and reimbursement for lost wages due injuries; SUM--Supplemental Under-insured/uninsured Coverage or coverage for hit and run or minimal coverage by other car.
The most important coverage involves when you do not cause the crash. Insurance companies, however, tried to deemphasize this coverage because they have less control or predictably of when and how often you will be involved in a crash which was not your fault. Therefore you should insist on the following:
Highest Coverage for SUM; when other car at fault and has no or minimal insurance, you own company will supplement their inadequate coverages;
Highest Coverages for PIP; extend the mandatory limits of $50,000 for your own medical to $150,000 and take the extra $25,000. The additional coverages are often only pennies a day and may be the difference between obtaining adequate medical care and just compensation.
Time limitations prevent an extensive discussion of the types and amounts of recommend coverages, but do not hesitate to call upon an experienced attorney to discuss you auto coverages before you need to use them..
10. Consult with competent legal counsel.
