What can I do to help my case?
The most important thing you can do is get as much
evidence as possible.
To protect your rights, you should do everything
possible to keep a record of how the accident happened
and what injuries you suffered.
The key is to get
evidence that will prove that:
- Someone Else was at Fault
- How Badly you were Hurt
Preserve evidence showing that the car wreck was the
other driver's fault:
- Photograph the accident scene.
- Measure the length of any skid marks or gouge marks
in the roadway.
- Photograph the interiors and exteriors of all
vehicles involved in the accident. (If you believe
the injuries to you or your passengers were caused by a
defect in your vehicle, such as the failure of an air
bag to deploy or the collapse of your seatback, it is
crucial that your vehicle not even be repaired or
destroyed until an automotive design expert has
inspected it.)
- Get the name, address and phone number of anyone
who witnessed the accident or who arrived at the scene
shortly after.
Preserve evidence of how badly you were hurt:
- Photograph all areas of visible injury as soon as
possible and take additional photographs during the
recovery process to show the stages of recovery.
- See your doctor as soon as possible after the
accident and describe every area where you are
experiencing pain or having other problems. This is
extremely important! For example, if you fractured
your leg in the accident, you may feel the most pain in
your leg, but also notice your back hurts. It's very
important that you tell your doctors about your back
pain as well. It's possible that your back is injured
and may continue to be a problem long after you recover
from your broken leg. If you don't have your doctor
document your back pain, the insurance company will try
to claim that your back injury is not a result of the
accident.
- Keep receipts for all of your out of pocket
expenses resulting from the accident. For example, gas
spent traveling to and from the hospital and doctor's
office, hotel and meal expenses, any medical supplies,
bandages, rental of hospital beds, etc.
- Track all the time your family or friends spent
helping you, so that they can be reimbursed at the
successful conclusion of your claim. For example, a
family member takes time off work to drive you to the
doctor, or if they help you with your household
chores.