INFORMATION TO GET IMMEDIATELY

Witnesses: This is listed first, for they will disappear the fastest. Try and get some sort of identification so they might be contacted later, i.e., name, address, phone number, license plate number, where they work, etc.

Other Driver: All traditional information is needed: name, address, phone number (at least home and work), driver's license, make/model/color and license of the vehicle. In addition, a very helpful piece of information is the insurance carrier of the driver of the car. If this is not obtained and if the other driver does not respond to letters sent by your attorney, you will find that most states require long waiting periods before supplying the necessary information to pursue your case - that means recovery for your injury could be delayed.

One final thing - Listen to and memorize statements made by the other driver. These statements (also known as admissions) may be used as evidence in many jurisdictions. An example of this would be the driver of the left turning car saying "I didn't see you." His statement could be used to prove the accident was his fault. Remember, this also works in reverse. Anything you say can also be used against you.

POLICE REPORT

Although the final conclusion of the police officer as to fault cannot be used in court, a report favorable to you is a good negotiating tool. Keep in mind that most personal injury cases are settled rather than going to trial. A favorable police report can definitely help in bringing you a quicker and better recovery for your injuries. And of course, even a police officer can have a good or bad day. Try and be as cooperative as possible, word you statement to show that you were acting within the law and in a reasonable way and describe what the other driver did was wrong.

INJURIES

This is not the time to show how macho you are. After the actual collision, take a few minutes to check yourself out. The initial shock may numb you as to how injured you really are. Remember, the human body is not made to be bounced inside a vehicle or off the ground. There is usually a delayed reaction before you start to experience any injury. It is a good idea to help the validity of your case to get checked out with a doctor or emergency room as soon as possible. Be sure to explain all of your pains and problems to the doctor so this information will get into your medical records.

NO STATEMENTS

When you are contacted by the insurance company, (even your own), tell the adjuster you don't wish to give a statement at that time. Even if your statement seems favorable to you, the insurance company will have lots of time to pick out the flaws. Keep in mind that it is the adjuster's job to save money, to look for ways to minimize your claim and to settle for the least amount possible.

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This web site is provided for your information only and it should not be relied on as legal advice. Nothing transmitted from this web site constitutes the establishment of an attorney-client relationship between you and The Law Offices of Sam Eagle, who only practices personal injury and accident law in the State of California and has offices in Orange County.

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