You have just been involved in a motor vehicle collision and you believe that the other driver is at fault. There are things you can and should do right away to ensure that you are fairly and justly compensated for physical and economic damages you suffer as a result of another person's negligence.
1
DO Seek Appropriate Medical Treatment
Getting medical care and attending to your recovery should be your first priority. Obviously, the most important thing is your personal safety and health. All too often clients will be barred recovery or compensation for very real and painful physical or emotional injuries because they decided to 'tough it out' and refuse medical treatment. If you did not see a doctor or specialist regarding a certain injury or pain, the insurance company will assume you have not been harmed.
2
DO NOT Forget That You Have a Contract with Your Insurer
This means your insurer has a legal responsibility to provide the coverage promised in your policy. If you are injured in a collision with a stolen vehicle, a hit-and-run accident, or by an underinsured motorist, your own insurer must compensate you for your injuries. All Massachusetts insurance policies are required to provide Uninsured/Underinsured Motorist Coverage. You should speak with an attorney, as there are strict "notice" requirements and timing issues which could bar your recovery.
3
DO Call Your Insurance Agent Once You Have Received Appropriate Medical Treatment
You must notify your insurance agent immediately of any incident, and you should exercise your right to refuse permission that your conversations be recorded. However, you should NOT give any recorded or written statements to another party's insurer until you have spoken with an attorney. Once you have retained counsel, you should instruct all parties to communicate directly with counsel.
4
DO Take and Keep Detailed Notes
You should take and keep detailed notes of all conversations with insurance company representatives and get the names, phone numbers, and job titles of people with whom you speak. Keep detailed written notes about your injuries, treatment, medications, any pain or discomfort you experience, missed wages, and any changes in your daily routine as a result of the accident.
5
DO NOT Sign Waivers or Releases of Any Kind Until You Have Spoken with an Attorney
Do not accept any checks that say "final payment" unless you are truly ready to do so. Often times, missed work and difficult financial circumstances can make a low and premature settlement offer more attractive to a client. Consult an attorney before accepting or signing any offers or releases.
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