We often get calls from our clients after they have been injured in a car accident and AFTER they have already spoken with an insurance company — such as the insurance company of the person who caused the accident. Sometimes, our clients have already agreed to a settlement regarding the damage to their vehicle. And, almost always, our clients are amazed at how their conversations with an insurance company are later used against them and the agreed upon resolution of the damage to their car.

To help our clients, we have come up with 7 tips to remember when involved in a car accident:

1. Make sure you are in a safe place and not somewhere that you may get hit again;
2. Seek immediate medical treatment if you even think that you may be injured;
3. Call the police and request they make a report of the accident;
4. Talk only to the police, your medical treatment providers and your attorneys;
5. Take photos of your vehicle and your injuries;
6. Contact us as soon as it is safe to do so; and
7. Document your injuries, the pain you suffer and the way in which your injuries affect your lifestyle.

It is important to remember, only speak to the police, medical treatment providers, and your attorneys. There is a reason that the insurance companies try to reach you shortly after an automobile accident and it is not because they are concerned about you. Insurance companies know that they can and will use anything you say against you in a court of law. They also know, from years of being in the business of automobile accidents, that your injuries will not be as obvious shortly after the accident. Thus, they may be able to get you on tape saying you are fine and later, when you find out you have injuries, they will pull out the tape of you saying you were fine.

It is also important to remember, if we are your attorneys, speak to us before you agree to any action regarding your vehicle. Many, if not most, personal injury attorneys will not get involved with the settlement of your vehicle damage. Attorneys don’t get paid for helping you get more for the damage to your automobile. However, at Leist Warner, we help our clients get the most for the damage to their car IF they want our help and they contact us before they agree to a settlement with an insurance company. Often we can help our clients get significantly more for the damage to their car and we do it because it is the right thing to do for our clients.

If you forget what to do after you are involved in an automobile accident, just call us at 614.222.1000 or email us at info@leistwarner.com. We will take care of it for you so you can focus on getting better. And, we only get paid if and when we recover money for your injuries.

Leist Warner is a full service firm when it comes to handling your personal injury claim. If you have a personal injury claim, such as being injured in an auto accident that was not your fault, LW will not only attempt to settle your claim, if necessary, LW will also file and litigate your personal injury claim in court.

It has recently been brought to our attention that there are law firms that will not file or litigate personal injury claims in court. Those firms will only attempt to settle injury cases before filing the cases in court. If those firms are unable to settle a personal injury case prior to the deadline to file and litigate it in court, they advise the injured party to seek other counsel to litigate their personal injury claims in court.

We have heard the nightmare stories from personal injury claimants who were told by firms shortly before the deadline to file their injury case in court, that the firm would not represent them in court. For example, individuals injured in car accidents told us how firms that they hired to represent them advised them to seek other counsel when their injury claims did not settle prior to the time in which to file and litigate their injury claims in court. One personal injury claimant even gave us a letter from a firm that indicated the firm only attempts to settle personal injury cases outside of court and does not litigate personal injury cases. All of the injury claimants informed us how difficult it was to find new counsel that would represent them given the approaching deadline to file and litigate their case in court.

To avoid getting yourself in the situation that injury claimants reported to us, LW suggests personal injury claimants take one of two steps prior to hiring a firm. First, before hiring the firm, ask the firm to indicate in the attorney-client agreement that they will litigate your case in court if they are unable to settle your case prior to the deadline to file your case with the court. Second, and alternatively, choose LW to represent you concerning your personal injury claim. At Leist Warner, we firmly believe that if we accept your personal injury case and cannot settle it prior the time to file your case with the court, we will file your case with the court and litigate your case.

No matter who is at fault or why the car accident happened, any time you get in a car crash in Ohio, you need to take the seven steps listed below. A few of the steps will seem like no-brainers, while others are important in avoiding possible traps that can lead to an accident victim getting victimized twice, particularly if the accident victim has suffered serious injuries or had their vehicle totaled by a negligent or reckless driver. Most of the traps concern statements or actions that appear insignificant or sensible at the time they are made but can later become a major impediment to recovery as they are used against victims to limit or deny recovery. Many car accident victims come to us at Leist Warner after making statements or taking actions that they believed were harmless only to find later that those statements or actions are a major impediment to their recovery. Don’t let this happen to you. Follow the seven steps below and avoid mistakes that may impede your recovery or contact us immediately after your accident so you can avoid costly mistakes.

While reviewing this checklist of steps to take after a car accident, keep in mind that every driver, passenger, and family of a person who lost his or her life in a crash has the right to legal counsel and representation from an attorney who can answer questions, assess evidence, negotiate insurance settlements, and, when necessary, stand up for them in criminal and civil court. Having a trained representative like the personal injury attorneys at Leist Warner can reduce the stress, time, and hardship associated with recovery from an insurance company, and can almost always obtain a higher recovery for you than can be obtained without representation. Insurance companies know the importance of having counsel involved early in the process. Even if you are not speaking to one of their attorneys at the outset, you can rest assured that insurance companies have legal counsel guiding the claim settlement procedures from the outset of every car accident.

Step 1: Call Police and EMS

Ohio law requires people who are involved in a traffic crash on public roads to alert police as soon as possible. Getting law enforcement involved after accidents in parking lots and on private property is also helpful. Police who respond have a duty to create a factual report of what happened and who was involved. This factual record is critical to your recovery.

The police who respond to a vehicle accident will document the location of the accident, the name of each driver and passenger, the license plate numbers of each vehicle, and each victims’ and witnesses’ description of the crash. Depending on the location, nature, and severity of the accident, investigators may also spend hours collecting physical evidence, taking pictures and video, sketching out reconstructions of the wreck, and clearing debris.

Calling 911 also notifies emergency medical services. Every second can be precious for car accident victims, especially for people who are bleeding heavily or who have suffered traumatic brain injuries. Even when wounds are not immediately apparent, getting checked out by a paramedic at the scene or an emergency room doctor shortly after the incident is a good idea. The human brain can be injured by the sudden stopping of the head in a car accident. Essentially, the brain slams against the skull in the sudden stop caused in a vehicle crash. These injuries are usually invisible externally and the effects of such concussions can remain hidden for hours after a crash. Further adding to the difficulty of discovering vehicle crash injuries, crashing a car releases a great deal of adrenalin that can cover pain from more mild internal injuries.

Step 2: Take Pictures if Possible

Smartphones make it easy to document damage to your car, the orientation of crashed vehicles, and road and weather conditions. Such photographic evidence can prove invaluable when filing claims for property and injury damage. The caveat, though, is that no one should risk anyone’s health just to snap some pictures of a car crash.

Wait until all injured victims have been treated and transported before breaking out your camera. Also, never walk out into or block traffic moving around the wreckage in order to take photos.

Step 3: Contact Your Insurance Company

Driving without insurance is illegal in Ohio. A related law requires police responding to car accidents to confirm that all the drivers involved have either an insurance card or what the Ohio Bureau of Motor vehicles calls proof of financial responsibility, which can be digital and kept on a smartphone or in a web-based database. Minimum required coverages are:

• $25,000 for bodily injury or death for one person per accident
• $50,000 for bodily injury or death for two or more people per accident
• $25,000 for property damage per accident

Make sure to get this insurance information from other people for yourself rather than depending on the police to provide it to you. Your own insurance company will request it when you call in to report the crash.

Self-reporting an accident to your insurer is important for several reasons. First, you may have immediate benefits available to you through your insurance policy. Your policy will usually cover some of your medical costs and car repairs or replacement even if someone else caused the crash. The company will often pay these costs for you and recoup its payments through premiums, arbitration with the other driver’s insurance company or the proceeds of any lawsuit that you may file against the other driver. Second, it is important to notify your insurance company after a vehicle accident as you may later discover that the person who caused the crash does not have insurance or enough insurance to pay your claim. If you have underinsured or uninsured motorist coverage, your own insurance company may provide additional benefits that enable you to obtain a full recovery. However, many underinsured or uninsured motorist coverage provisions require that you timely report the accident to your insurer in order to be eligible for the benefits of uninsured and underinsured motorist coverage provisions.

Step 4: Request a Complete Copy of the Police Report

State law requires police who respond to a car accident to produce an official report and to make each such report available to the public. It can take weeks or months for a report to become available, and police departments usually charge for copies. The expense is worth it, however, since the official report goes a long way toward conclusively assigning liability. If you have difficulty obtaining your police report contact Leist Warner for assistance.

Step 5: Keep Your Own Records

Start a file on your car accident as soon as you get home from the crash scene or hospital. You can put a lot of information into your computer or smartphone, and you can keep a paper file for those things that you cannot store digitally. When you receive treatment related to accident injuries be sure to ask your provider for the bills and their treatment notes so that you can keep these in your files. Requesting your treatment notes at the time of treatment will save you time and money later when you have to substantiate your claim. Perhaps even more important, requesting your treatment notes immediately after treatment will allow you to immediately verify that providers are keeping an accurate record of your injuries and treatment. If you find errors in the notes, make the provider correct the treatment notes immediately. The accuracy of these notes can have a direct impact on your recovery.

In addition to the official crash report from the police, make sure your accident file includes all the following:

• Medical records (i.e. treatment notes) and bills related to crash injuries
• Funeral costs (including travel) if a loved one died
• Time taken off from work and income lost while recovering
• Car repair or replacement costs
• Rental car costs
• Notes on conversations with investigators, your insurance company, and representatives for the other driver and his or her insurance company

Step 6: Do Not Speak With the Other Person’s Insurer

If you were not at fault for the accident, expect a call from a lawyer or insurance representative of the at fault driver within two days of the car accident. The person on the other end of the phone will want to record your statement and may offer a settlement amount. Agreeing to do either can severely limit your rights to receive adequate compensation for injuries and property damage. DO NOT give a statement to an insurer other than your own without first consulting counsel. Statements to other insurers are almost always only used against you to lower the compensation offered to you.

Step 7: Consult with a Columbus Car Accident Lawyer at Leist Warner

Taking this seventh step is optional but highly recommended. An experienced Columbus car accident lawyer like those at Leist Warner will ensure that you receive fair compensation from insurance companies, and that your claim receives a fair and just settlement. It also takes the stress and work of obtaining a fair and just claim settlement off your plate and allows you to focus on recovery from your injuries and your life.

An experienced Columbus car accident lawyer like those at Leist Warner can help you at any stage of your effort to receive fair compensation, but it is best to involve them in the process as early as possible. Early involvement of counsel prevents accident victims from making statements or taking actions that may seem sensible or insignificant to persons not trained in the law but that can have serious consequences with respect to the amount of compensation such person receives from insurers. The at-fault driver and the insurance companies will have a lawyer; you should, too.

Leist Warner always offers no-cost case consultation to car accident victims. Reach out to us online today so we can learn whether we can be of service. You can also contact us by phone at (614) 222-1000. We are available 24 hours a day, 7 days a week. If calling after hours, leave a detailed message and one of our lawyers will return your call.

Legal Notice and Disclaimer

The materials on this website are for your information only. Nothing on this website is intended to create an attorney-client relationship, to give legal advice, or to give an opinion. If you have an issue requiring legal advice, please contact an attorney directly. If you desire to engage the services of an attorney at Leist Warner, LLC please contact the firm and discuss your needs with the appropriate attorney. No attorney-client relationship will be created until you and we sign an agreement to act as your lawyer. Our office is located in 513 E. Rich St., Ste. 201, Columbus, Ohio 43215.

The materials on this website are the sole and exclusive property of Leist Warner, LLC. You are allowed to download and print materials from this website for your own information and reading enjoyment. However, you may not reproduce, copy, distribute, transmit, or publicly display this website or the contents thereof for commercial or advertisement purposes. Such unauthorized uses could be an infringement of Leist Warner, LLC rights and subject you to civil or criminal liability. Please do not link to our website from your website without our prior written permission. All general inquiries can be made to info@leistwarner.com.