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TREATMENT BEFORE SETTLEMENT IN AUTO ACCIDENT CASES

Raskin & Kremins, LLP Dec. 1, 2013

Unless you have had the misfortune of being involved in multiple automobile accidents in your life, you probably have no reason to know the intricacies of making and litigating automobile claims with insurance companies, or if necessary, taking the case to trial. So, if you are involved in a motor vehicle accident in New York, or anywhere in the Tri-state area, you need to keep the following in mind:

First, as soon as you are involved in an accident, you need to err on the side of caution, and seek medical treatment if you feel any pain at all. Often times, the symptoms of back and neck injuries do not fully manifest themselves until days after the accident.

Second, take pictures of the accident scene and the vehicles involved with your smartphone or camera to preserve any evidence.  (If you cannot do so because of injury, get a companion or bystander to aid you.) Make sure you get names, phone numbers, and addresses of any witnesses in case you need their testimony later.

Third, recognize that insurance companies will handle property damage claims and personal injury claims separately.   Property damage claims involve compensation for damage to your vehicle or personal property.   Personal injury claims, however, deal with your own physical, mental or emotional injuries.    It is not uncommon for a property damage claim to be settled soon after an accident.   But a personal injury claim can remain open until you complete all of the medical treatment your doctor believes is necessary to address your injuries.