ADVICE FROM CONSUMER ADVOCATE STAN GREYSON
Getting Your Story Straight
DOCUMENTING THE DETAILS OF YOUR AUTO ACCIDENT
Get your story straight as soon as possible. First, begin writing a letter to a lawyer asking them to represent you and to give you legal advice. Don’t worry if you’re not sure who you will send it to just yet — you can fill that part in later. Be sure to include your request for representation and legal advice in the very first sentence. For the sake of clarity and certainty, explain that you consider the information in the letter confidential and that you believe it is covered by the attorney-client privilege. In general, as long as you’re seeking legal advice or representation your communication with a lawyer is protected even if you don’t hire them or they decide not to take your case. 10 Your goal is to protect the information in the letter from legal discovery by third-parties who are averse to your interests.
Begin writing your letter as soon as possible while the details of the incident are fresh in your mind. It might take a few weeks to finish the letter, but getting started right away is very important. Be sure to include as many details as possible including: time, date, location, conditions, color/type/year of vehicles, location of each occupant of each vehicle, possible witnesses, and details about the officials (police, fire, paramedics) who responded. If you took any pictures of the scene, your property, or your injuries include those as well. Provide details of your actions prior to the accident. Include descriptions, locations, witness names, and times for everything you did prior to the incident. If you made any purchases include copies of receipts in the letter. Obtain a copy of the police report and include it as well.
As soon as possible you should return to the scene of the incident and take photos from your point of view and from the point(s) of view of the other driver(s) or involved parties. Take several photos of the entire scene from various angles. Photograph damages caused to trees, guardrails, or signs. If there are any skid marks or other marks take pictures of them and walk them off to estimate their length and include this information in your letter. Take pictures of all relevant traffic signs and signals. There is a photo checklist below that might be helpful to take to remind you what to photograph.
If you have any physical injuries, you should photograph them. Take time to prepare yourself and your ‘set’ for the photographs. First, pick a location for the photos that is clean and clutter-free such as your bathroom. Dress casually without makeup or jewelry. The first photo should be your full-body to help the viewer associate you with your injuries. Do not smile. Next, take multiple close-up photos of your various injuries. Over the next few days, your bruises may worsen or change. Photograph your injuries throughout your recovery and after your treatment and/or surgeries. Pictures of swelling, bruising, and sutures, especially from a hospital bed, can be very helpful to your case. Include these photos with the dates and times they were taken in your letter. A good rule of thumb is to always take more pictures than you think you need. Also, don’t discount the value of video. Video recordings of your accident, conversations with witnesses, or your statement to the police can be very compelling. Don’t count on anyone else, including your doctor, to collect the information that you’ll need to maximize your settlement or verdict.
One very important record you can create is a treatment journal. You should get a notebook and each day before you go to bed after your accident you should detail how the accident impacted your day. How much pain were you in on a 1–10 scale. Detail how your pain or injury affected yourself, your family, and your work. On the days you receive treatment you should detail what treatment you received and how it impacted you. Was it painful? Was it stressful? Include any differences in your mood or dreams. Accidents are a leading cause of PTSD and it is important not to ignore the symptoms. Provide as much detail each day as possible.
You should document and include evidence of all additional costs you incur as a result of your accident in your letter. In addition to medical bills, you should save evidence of costs associated with services necessitated by your accident. Perhaps you’ve had to hire someone to drive your children to school or someone to mow your lawn. Document these expenses in your letter. You should also keep track of the mileage you put on your vehicle each time you visit a doctor and physical therapist during your treatment.
You should include as much documentation related to your work history and pay information as possible. Collect pay stubs, W-2s, bonus reports, and other compensation paperwork and include them in your letter. Finally, you should detail all prior accidents and injuries and the names of your prior doctors and lawyers you have worked with in the past in your letter. Remember all insurance companies have access to a ‘Comprehensive Loss Underwriting Exchange Database’ that includes very detailed information about you including your name, birthday, and social security number. It is vital you inform your lawyers about all prior claims or accidents you’ve been involved with before they are blindsided.
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