No one expects to be in a car accident, but many accidents happen every day. Statistics show that nearly all of us will be in a motor vehicle accident at some time or other. Knowing what to do when an accident happens is important. It can make all the difference if you, your family or your friends are hurt and need help. Doing the right things after a crash can also ensure that the insurance companies treat you fairly and compensate you for medical bills, loss of income and any physical injuries.

If you are involved in an accident, the following tips are recommended:

1. GET HELP IF NEEDED. If anyone is injured call 911. Medical care within the first hour after an injury is critical.

2. NOTIFY THE POLICE. This is required by law in most states before you can leave the scene if anyone is injured, or there is any significant property damage. It’s a mistake to just exchange names and phone numbers with the other driver and leave the scene. Call the police. Be sure to get the name of the officer at the scene and write it down.

3. GET CRUCIAL INFORMATION. Get contact information from each of the other drivers involved in the accident. Jot down their name, address and phone number. Make a note of the color, make and model of their vehicle, and get their license plate if you can. The police officer can help you get all this information, and will often have a form for you to exchange with the other driver or drivers involved. Do not be afraid to ask such information or the form.

4. IDENTIFY WITNESSES. Get the names and contact information of anyone who saw the accident. If you can, do this quickly. Often, people who saw the collision will stop for a short time but leave before the police arrive. Other motorists, passengers or pedestrians can be critical witnesses. Get their name and phone number.

5. DO NOT DISCUSS FAULT. Do not blame the other driver even if they were clearly at fault. It may just start an argument. But if another driver admits they were at fault, make a mental note of it. When you get home, jot down precisely what they said. Even if you feel you may have been partially at fault, do not say anything that admits your feeling. Fault is often a complex determination based on the facts and complicated laws. Leave that issue for the police to decide – or an attorney, if necessary.

6. WRITE A NOTE TO YOURSELF AFTERWARDS. After the accident write a note to yourself (and possibly for your attorney if you need one later). Include all the information you have gathered and can remember while it is fresh in your mind. Explain how the accident happened as best you can. Drawing a sketch or diagram of the collision will be a helpful memory aid later. It may be months, or even years, before the insurance companies fully resolve any claims.

7. CALL YOUR INSURANCE AGENT. All insurance policies require you to notify your insurance company. This must be done shortly after the accident. Unnecessary delay in notifying your insurance company about a crash can result in a denial of your right to insurance benefits and protection.

8. STATE ACCIDENT REPORTS. If anyone is injured, or there is significant property damage, you must file a State Accident Report in most states. The form, with directions, can be obtained from a police department. This report must be filed within 10 days after an accident in Colorado.

9. TAKE PICTURES. “A picture is worth a thousand words.” Today most of us have a camera in our cell phones. If you can, and it is safe, take pictures of the vehicles before they are moved. Pictures of the damage and position of the vehicles can be very important. They can prove how the accident happened and document the force of the collision. This can be important evidence if the accident caused injuries. If you’re not able to take pictures, ask one of your passengers who is alright or a witness, to do it for you. After you get emergency care and are home, remember to take pictures of your injuries – any cuts, bruises or bandages, and any casts or crutches. It is particularly important to take a picture of any seat belt bruise on the front of your shoulders and chest. This bruise may not develop right away. Taking a picture of it can keep the other side from claiming that you were not wearing a seat belt.

10. PROTECT YOUR RIGHTS. To protect your rights you must act quickly and correctly after a motor vehicle accident. Deciding fault can be complicated. Insurance coverage, and how to get your medical bills paid, can be very confusing and frustrating. Insurance adjustors may call and ask you to give them a tape recorded statement. Do you have to do that? Should you do that? You may have many questions about your rights, and your obligations to insurance companies and their representatives. You may have questions about whether the insurance companies are treating you fairly. Don’t jeopardize your rights. CALL AN EXPERIENCED ATTORNEY who specializes in accident and injury claims for advice and answers to your questions.

When an accident happens and somebody is hurt, follow the above tips if you can. Afterwards call an attorney for further help and advice. Doing these things will protect your rights, avoid common mistakes that delay or prevent you from getting your medical bills paid or your lost income reimbursed, and help ensure that you are treated fairly by the insurance companies.

Please contact us with any questions you may have at 719.471.3848. You can also email us HERE with your inquiry or questions. Our website can be found at www.GaddisKinHerd.com.

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Can you recover all your medical bills from a car accident, or just the amount your health insurance paid for the bills? This question comes up in nearly all personal injury claims from car accident cases.

In July 2003 Colorado changed from a no-fault auto insurance system to a fault-based system. Ever since this change there has been a great deal of debate about the amount of damages that can be recovered for medical bills resulting from a car accident. As is often the case, the insurance industry has taken a very different position on this issue than personal injury lawyers who help innocent persons injured in a car accident. Experienced personal injury lawyers who work on auto accident cases believe that the full amount of medical bills incurred should be recoverable as damages. After all, these medical expenses would not have been incurred but for the carelessness of another driver.

In contrast, insurance companies take the view that they should only have to pay the part of the medical bills actually paid by an injured person’s health insurance. They claim that if they are required to pay any more than that, the injured person gets an unfair “windfall” in compensation for damages that he or she did not have to pay.

An example may help make this issue clearer. Suppose you were seriously injured in a car accident by a driver who crashed into the rear-end of your vehicle while you were stopped at a red light. And suppose the medical bills for your injuries amounted to $30,000.00. Because you had health insurance, your health insurance paid for your medical bills. However, your health insurance only had to pay two-thirds of the actual medical bills, or $20,000.00. How much are you entitled to recover for medical damages from the negligent driver: the $30,000.00 in medical expenses billed, or the $20,000.00 in medical expenses paid by your health insurance company?

Until recently the answer was unclear because there was no case law decisions from Colorado’s appellate courts. Most of our trial courts held that you are entitled to recover the entire $30,000.00 in medical bills caused by the car accident. The reasoning is that the negligent driver who injured you should not get the benefit of insurance coverage that you obtained and paid for. If there is a “windfall,” it should be received by the person who paid for the health insurance – not the negligent driver who caused the injuries and necessitated the medical bills. Some of our trial courts, however, held that you can only recover the portion of your medical bills actually paid by your health insurance company.

Finally, the issue has been addressed by an Appellate Court in Colorado. On August 28, 2008, the Colorado Court of Appeals decision in Steidinger v Hilton was issued. In that case Steidinger was a passenger in a car driven by Hilton. As a result of Hilton’s careless and negligent driving, Steidinger was seriously injured and incurred $53,000.00 in medical bills. Steidinger had medical insurance that paid off his bills for the reduced amount of $25,000.00. At trial the question was whether Steidinger should recover $53,000.00 in medical damages, or only $25,000.00 (the amount paid by his health insurance). The trial court ruled that Steidinger was entitled to recover the full amount of his medical bills, $53,000.00. The jury verdict gave that amount to Steidinger. Hilton and his insurance company appealed claiming that the verdict was excessive and resulted in an unfair “windfall” to Steidinger. The Court of Appeals disagreed with them. Relying on a Colorado Statute, the Court found that Steidinger was entitled by law to recover the full amount of his medical bills – not just the reduced amount that was paid by his health insurance.

This case is important because it is the first appellate decision addressing this issue, which comes up in nearly every car accident injury case since the no-fault insurance system in Colorado ended in 2003.

Strangely, the Court of Appeals decision in Steidinger v.Hilton was released as a “non published” decision. This means that it will not appear in the official law books. That is unfortunate because it is the only appellate court decision in Colorado to give guidance to the trial courts on a critical issue that keeps coming up in nearly all auto accident personal injury cases.

Please contact us with any questions you may have at 719.471.3848. You can also email us HERE with your inquiry or questions. Our website can be found at www.GaddisKinHerd.com.