What should you say? What should you do? And, even more important, what should you not say or do if involved in a motor vehicle accident?
“Chiropractors, MDs, physical therapists, attorneys — professionals who treat or are involved in the care or legal representation of accident victims — have seen the consequences of patients who hurt their own cases by having no idea how to answer (those questions),” says San Marcos, Calif., chiropractor and author Gary N. Lewkovich.
Several years ago, Lewkovich developed a list of mistakes patients make, “that occur from a lack of awareness or a degree of misguided thinking. Whatever the cause, the effect on their personal injury or workers’ compensation case can be absolutely devastating, and in some instances, it results in a zero settlement.”
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Here are several of those mistakes:
1. Obtaining insufficient information at the scene of the accident.
Lewkovich recommends getting the names and phone numbers of any witnesses. Also, take photos of the damage from several angles as well as the other driver’s driver’s license and proof of insurance.
Many auto insurance carriers provide well-designed forms to capture the critical information. They are simple to fill out and should be kept in your vehicle at all times.
2. Admitting liability for the accident.
Never say, “I’m sorry! It was my fault,” as this admission can be used against you and severely complicate the case, according to Lewkovich. What if you think it’s your fault, but it really isn’t? Often, we are not aware of what actually happened. So be polite, but never admit fault.
3. Giving the auto insurance company too much information.
All auto insurance companies have their own best interests at heart, Lewkovich points out. Yours are secondary. Recorded statements can be twisted and edited — especially today with AI — in such a way as to hurt your case.
Therefore, request that all questions be provided in writing. If the adjuster says they only record interviews, then reply, “I am turning on my recorder as well,” as you have that right. Keep your answers short and focused and don't downplay any symptoms. Refer questions about your medical condition to your treating chiropractor or physician.
4. Trying to conceal past injuries or conditions.
Many patients believe that the existence of past injuries or conditions hurts their personal injury case. In reality, pre-existing problems often increase the likelihood of greater damage from a motor vehicle accident, Lewkovich notes.
Actual patients’ histories show that more extensive and longer care is typically required when certain problems are already present. Even if you try to hide the past, remember that your medical records will reveal the truth. When that happens, nondisclosure often comes across as deceitful behavior and can sink an otherwise good case.
5. Not seeking care early.
A delay in seeking care is often understood to mean a less serious injury, Lewkovich says. If that occurs, it is imperative to carefully document all the reasons why you were unable to obtain care sooner.
6. Relying upon medication alone to treat injuries.
For the most part, medication used to treat symptoms often does little for the root cause. Research shows that for most motor vehicle injuries, treatment with only symptom-suppressive medication offers a much poorer prognosis than methods that actually restore function.
7. Downplaying your injuries.
Some people feel uncomfortable and/or hesitant to disclose the full nature of their injuries, Lewkovich reports. They downplay existing symptoms and may fail to report new ones. Auto insurance companies save tons of money when this occurs, and the patient suffers unnecessarily. Your treating doctor should be aware of this possibility and recurrently ask patients about any other symptoms that may be present.
8. Exaggerating your injuries.
This is the flip side of the above mistake. There is a small percentage of patients who amplify their symptoms. If this is suspected by the claims adjuster or defense attorney, the case can take a nosedive rapidly. Credibility issues poison any personal injury or workers’ compensation case, Lewkovich warns. The settlement offer could plummet to zero, and the patient may have significant medical expenses to pay on their own. For good reason, plaintiff attorneys and doctors run from these patients and clients.
9. Doctor shopping.
Changing doctors frequently is a red flag to the defense. It is important to do your own due diligence prior to choosing a doctor or follow your attorney’s recommendations.
10. Failing to have a consultation with a personal injury attorney.
Auto insurance companies rely upon the advice of their legal teams when deciding how to handle accident cases. Most injured patients lack the training, experience and patience to effectively deal with these issues. That is why it is often helpful, and sometimes vital, to get a consultation with an experienced personal injury or workers’ compensation attorney. These consultations are usually free of charge or obligation.
Lewkovich concluded our interview with this encouraging advice: “Think of your health care providers and your attorney as part of a team. Always feel confident to discuss any issues that come up. We are here to help.”
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
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