Episode 132: Kentucky automobile accident attorney Jeff Roberts discusses the 5 things not to do after a car wreck. While some actions might seem perfectly normal or harmless, they could actually hurt your claim. Jeff uses his 33 years of experience handling car wreck claims to explain what you should avoid doing or saying and why it matters.
If you’re watching this episode, welcome to our video podcast format. We’re still publishing the audio-only version, but we’re excited about this new style for Jeff Roberts and the Roberts Law Office Injury Podcast.
#1 – Don’t Avoid Calling the Police to the Accident Scene
Having the police come to the scene of the car wreck is important. If the damage doesn’t appear to be significant, the other driver might try to get you to just exchange insurance and avoid getting the police involved. The police are usually going to interview both drivers, take pictures of the vehicles and get the names of witnesses. All of this is valuable evidence for your car wreck claim.
The other driver might also attempt to change his/her story, knowing there isn’t a police report. This can make it much more difficult for your attorney when it comes to establishing negligence and maximizing the value of your claim.
When the police arrive, be sure to tell them if the other driver admitted fault or made other statements that might be helpful to your claim, if they are recorded in the police report.
#2 – Don’t Admit Fault or Apologize at the Scene of the Wreck
It may be a normal urge to say you’re sorry, but if you do, it can be taken out of context. This can be viewed as an admission of fault. Resist the urge to apologize. Your statement could be used to blame you for the car wreck. Jeff mentions that you making the statement might be recorded by the police officer’s body cam. The other driver’s insurance adjuster is going to use this in negotiating the claim, even if the wreck wasn’t your fault. This is an important part of the 5 things not to do after a car wreck.
#3 – Don’t Fail to Seek Medical Treatment
While you might not feel sore at the scene of the accident, the aches and pain can set in over the next few days. Don’t ignore the symptoms. You should go to the urgent care, your family doctor or the ER. Be sure to let your doctor know that you were involved in an automobile accident.
Many people don’t realize that the longer they wait to seek medical treatment, the easier it is for the at-fault driver’s insurance to blame the pain on some other type of activity, instead of the car wreck.
Another consideration is that the sooner you get treated for an injury, the better chance you have of making a full recovery. Delayed treatment may not be as effective, not to mention the unnecessary pain your dealing with until you finally go to the doctor.
Kentucky PIP Benefits
Paying for a medical visit is often a concern. Luckily, as Jeff explains, Kentucky is a no-fault state which means you and each of your passengers automatically have $10,000 available to cover medical expenses and some of your lost wages. This is called PIP (Personal Injury Protection), No-fault coverage or basis reparations benefit.
Jeff recently discussed some of the new changes to Kentucky’s PIP law, in Episode 129. Kentucky law prevents your insurance company from raising your rates, based on the fact that you filed a PIP claim.
#4 – Don’t Give a Recorded Statement without Your Attorney
After a car wreck, the other driver’s insurance adjuster may contact you for a recorded statement. They are trying to get you to give an answer to a question or to make a statement that they can use to shift the blame for the collision. They are trained, skillful interviewers. While the conversation might seem friendly, they are carefully slipping in questions to get you to say something that gives them leverage in their negotiations with your attorney.
Innocent statements, even about prior injuries, can be taken out of context and potentially limit your settlement. This is a very important component of the 5 things not to do after a car wreck.
Your attorney may be able to be on the call with you, if you do decide to give a recorded statement. He/she will be able to add the proper context to your statement, if needed. Jeff usually requests to take the other driver’s recorded statement. When the adjuster suddenly decides they don’t need your recorded statement, it’s a good sign they were simply trying to trip you up so they could use it against you.
#5 – Don’t Accept a Quick Settlement Offer
It’s not uncommon for the at-fault driver’s insurance company to offer you a quick settlement for the damage to your car and some of your medical bills. This can seem very tempting, especially if money’s tight. Not to mention, if may seem like a convenient way to wrap of the case and move forward. However, things aren’t always as they seem.
Remember the discussion about PIP benefits? Some insurance adjusters will offer to fix your car, cover $10,000 and even $2,000-$3,000 to sweeten the deal. What they aren’t telling you is that you were entitled to the $10,000, already.
What happens if you need on-going medical treatment or an additional surgery? If you accept that offer, they’re off the hook and you’re out of luck. How expensive does that convenience seem now?
Jeff Roberts has over 33 years of experience. He has a good idea of the value of your case, based on similar cases he’s handled. Although, it’s important to state that each case is different and there are no guarantees. But it’s that experience and being able to help you understand your options that’s important.
You might not fully realize the extent of your injuries, or the future medical expenses that will need to be paid. Assuming you weren’t at fault for the collision, why should you have to pay? Don’t fall for this negotiating tactic.
Accepting a Quick Settlement Could Void Your UIM Claim
Your automobile policy may include Underinsured Motorist coverage (UIM). This typically covers an additional portion of your medical expenses that weren’t covered by the at-fault driver’s insurance policy. It’s typically used when your medical expenses are more that the policy limit of the other driver’s policy. Your own UIM coverage would step in and cover at least a portion of the remaining expenses.
However, as Jeff explains, there is a specific process you must follow when you’re accepting the policy limits or settling with the at-fault driver’s insurance company. If you don’t follow the specific steps, you could inadvertently release your on UIM carrier from the obligation to cover the remaining expenses. It’s a reason you should always speak to an attorney before settling your claim.
Jeff offers free, initial consultations to ensure you have the information you need to decide you best options.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers “Small Town Service with Big City Results.”
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Car Wreck Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
