When you are in a motor vehicle accident, you are confronted with injuries, pain, and insurance issues. Almost immediately after the accident, an agent from an insurance company will need to speak with you about the accident, your medical treatment, and the details of your policy.

We can't take away the injuries or pain, but attorneys have a lot to offer. An attorney can:

• refer you to doctors when you can't find one on your own,
  

• deal with your insurance company on your behalf,
  

• direct you to additional benefits that may be available to you, depending on your financial circumstances.

An attorney can also help you avoid common pitfalls that can hurt your claim. Most important to avoid is giving oral statements to insurance adjusters under circumstances in which, unbeknownst to you, they are asking questions designed to limit their liability.

Essentials of automobile law for injury victims

If you are injured in a car accident in Pennsylvania, there are numerous facets of insurance law which you suddenly must learn, understand, and apply to your actions. It is for this reason that most lawyers recommend that you consult with an attorney as soon as possible following a car accident.

However, even before you consult with an attorney, you should notify your insurance company about the accident. This is a requirement of all insurance policies. The insurance company will then assign a claim number to the accident, and will send you a form called an "Application for Benefits." Without a claim number and completed Application for Benefits, the insurance carrier will not pay for your medical care. And since the doctor cannot submit his medical bills for payment without a claim number, the doctor may not be willing to see you unless you can provide this information.

Under Pennsylvania law, your own car insurance policy is "primary." What this means is that before your personal health care coverage can be used to pay for any of your medical expenses for injuries caused by the accident, the insurance company that insures your car must pay the bills. Moreover, your car insurance policy pays your medical bills regardless of whether you were at fault for the accident.

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Steps to take after an automobile accident

Get medical treatment as soon as possible. If you have been injured in an accident, go to an emergency room to have an emergency room physician perform a physical examination. Or, you must go to your family doctor as soon as you are able. Often a person who is in an accident is in a state of shock, and is not aware of how severe the injuries are. As a result, it is quite common for people to feel only minimal pain right after the accident only to wake up the next morning with pain so severe they find it difficult to get out of bed.

Contact your insurance agent, whether the other driver is insured or not. It is your obligation to contact your insurance company after an accident. The company will then send you an Application for Benefits which you must complete and return in order for them to start paying for your medical treatment. It is our recommendation that the Application for Benefits form be completed with the advice of an attorney.

Follow up with any medical treatment that is recommended for you. Very often, the emergency room doctor will take x-rays. If the x-rays show that nothing is fractured, you are released with a recommendation to follow up with your family doctor. It is important that you make the appointment as soon as you get home from the hospital. If you do not have a family doctor, find a doctor who specializes in physical injuries to accident victims and make an appointment with that doctor.

Tell your doctors every place you are hurting. You must be careful to tell any doctor who treats you about every part of your body that is hurting. This information becomes part of your medical records. Very often a person will only mention to the doctor the one part of the body that is hurting the most. Only months later, after the initial injuries have been addressed, will the person mention that a different part of the body hurts. It is very difficult to persuade an insurance company that the injuries not mentioned in early medical records were caused by the accident.

Get a doctor's disability note for any time off from work. If you need to take time off work because you cannot perform the duties of your job as a result of your injuries, make sure your doctor prepares a disability slip. On this slip it is important to note that you have been placed on disability. You must bring or send the slip to your employer. Any earnings that are lost, whether through actual deductions of pay or through the use of vacation or sick time, are recoverable-- but only if they have been documented in the medical records and employment records.

Ask a family member to take photos of your injuries, your car, and the scene of the accident. Take photos of all your injuries a few days after the accident, which is when the bruising may be more visible. The photos of you and your car will prove to be extremely valuable when you try to settle your claim. These photos are often the best proof possible of the damage you suffered as a result of the accident. The photos of the accident scene may be important for purposes of reconstructing how the accident happened some time later on, when signs and road marks may have changed.

Get Information. Write down the names, addresses, and phone numbers of all drivers and passengers involved in the accident and all witnesses to the accident. Write down the make and model of each car involved in the accident, as well as the license plate number. Also, get the name and address of the insurance company of any other driver involved in the accident. This information is especially crucial if the police do not come to the accident scene. Even if the police do come to the scene of the accident, you can't be certain that they got the names of everyone – particularly witnesses.

Consult with an attorney who has extensive experience in automobile accidents. You may be contacted for a statement shortly after an accident by either your insurance company or the insurance company of the other persons involved. In addition, you will have to fill out forms from your insurance company in order for your insurance company to start paying for your medical treatment. Do not give any statements – written or oral – to any insurance company without first consulting with a lawyer. Any representative of an insurance company has loyalties to their own company and not to you.

If an insurance company representative feels he can contact you without legal representation, he may try to ask you suggestive questions that lead you to give an inaccurate statement of the facts or of your injuries. These statements can seriously damage your claim. Consult with an attorney before giving any statements. Since all reputable attorneys specializing in automobile accidents cases provide these consultations for free. It costs you nothing to consult with the attorney.

If you believe that you have been injured due to the negligence of another in an automobile accident, contact us so that we can evaluate your case, and advise you on how to proceed. There is no cost to that consultation and evaluation.

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