What should I do if I’m in a car accident?
I was in a car accident and the other driver's insurance company just called me for a recorded statement. Am I required to provide one?
Who is responsible for my medical expenses if my injury is someone else's fault?
Q: What should I do if I’m in a car accident?
If you are involved in a car accident, your first priority is your health and the health of your passengers. Have an ambulance called to obtain necessary medical treatment immediately. If you are able, you should exchange information with the other drivers involved. If you have a camera, you should take photos of the scene as well as any damage to the vehicles involved. You should call the police. Whether they come will depend on the circumstances. Feel free to tell the police what happened but do not give any recorded statements thereafter. Finally, if you or someone you know was injured in the accident, call Mr. Shapiro to advise you on whether you need counsel.
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Q: I was in a car accident and the other driver's insurance company just called me for a recorded statement. Am I required to provide one?
No! The only reason the other driver’s insurance company wants to record you is so the recording can be used against you later. Do not be naïve and think it is all right because you are going to tell the truth. An attorney at a later date may take your recorded statement and attack your credibility over any slight deviation with your later testimony. There is no advantage to you in giving the opposition this evidence to be used against you. Do not give a recorded statement to your insurance company either. They will use it for their own interests, including giving it to the opposition if it helps them recover money.
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Q: Who is responsible for my medical expenses if my injury is someone else's fault?
You are. The fact you were injured because of someone else's negligence does not alter the relationship between you and your health care providers. Hopefully you have first party benefits such as health insurance or, in the case of an auto accident, a medical payment provision. These types of insurance will pay along the way as you incur medical expenses. The insurance company for the at-fault party will not pay for your medical expenses during your treatment. They will only pay compensation in one lump sum for all of your damages in exchange for a release which relieves their insured from any and all liability for all of your damages, past and future. It is very important to call Mr. Shapiro at 650-274-0180 or fill out the contact form immediately to review how your medical expenses should be paid or, if you have no such insurance, to see if arrangements can be made so you can wait and pay your medical expenses at the end of your case.
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