Winter is coming, and you know what that means: It’s only a matter of time before we’re driving through snow and ice. It’s no surprise that slippery roads lead to increased vehicle collisions. If you’ve been hurt in one of these incidents, you need to know your rights.
- Bad weather is no excuse. Every person on the road must operate his or her vehicle in a safe manner. Indiana law is very clear on this. Insurance companies will often try to tell an injured person that no one is to blame, as the roads were dangerous due to the weather.
- Follow your doctor’s orders. If you have been hurt, the only thing you must do is mitigate your damages. This is a fancy way of saying that if you’ve been hurt, you should seek professional medical advice. Likewise, when this advice is provided, you should follow it. Insurance companies take great pride in trying to show that your current physical condition isn’t due to the incident itself, but rather a result of your subsequent failure to seek adequate medical treatment. Don’t fall for this trick.
- Be careful what you say. If you have been injured in a collision, the other driver’s insurance company will likely reach out and try to take your statement. Talking to them is generally a terrible idea, especially if you don’t have legal representation. Everything you say will be recorded, and the insurance company will try to find a way to use it against you.
- Be careful what you believe. The insurance adjustor for the person who hit you will repeatedly tell you that he “has your back” and is trying to get you a “fair settlement.” Don’t believe his lies. His job is to pay out as little as possible in your case. That is how insurance companies make money.
- Be careful what you sign. Insurance companies will often try to get you to sign a blanket medical release in order to access your personal records, and they will then abuse this permission to obtain unrelated records. Once they have your unrelated medical records, the insurance company will attempt to show that: a) your current injury is due to a pre-existing condition; b) the severity of your injuries have been greatly exaggerated; and/or c) your injuries are wholly imaginary. Never sign a medical release without speaking to an attorney.
- Watch out for quick settlements with the signing of a full release. This is a common tactic employed by insurance companies. They will often try to get you to accept a quick settlement before you know the full extent of the damages (medical bills, wage loss, out-of-pocket costs, etc.). Insurance companies will attempt to take advantage of you, assuming you’re unfamiliar with the subtleties of how a personal injury case progresses. If you sign a release, there is no going back and making additional claims. Never sign a settlement without speaking to an attorney.
The truth is, most people involved in an auto crashes do not need an attorney. Most collisions only involve property damage, and most people can handle this on their own. When there’s an injury, however, it’s important that all parties at least consult with an experienced personal injury attorney. Don’t make the mistake of trying to deal with this by yourself. Call the Marc Lopez Law Firm today at 317-632-3642.
