It is understandably a difficult moment in the aftermath of a car crash. You were likely caught off-guard, and are now dealing with a totaled vehicle, bodily injury, and another driver who is trying to pin the blame on you. Despite all these thoughts running through your head, you can definitely lose your right to compensation in these crucial minutes if you are not careful. Here are a few things you can do, as well as avoid, right after being injured in a collision.
Under Louisiana law, if you are tendered a check that says, “Full and final settlement,” on it, or if you are asked to execute a receipt and release, even if it is for a small amount of money, that is considered offer and acceptance. This can conclude the claim completely.
You might have a case that is worth $20,000 but an insurer calls you and claims it is worth $10,000, which they offer to you. If you accept that check, and only later find out what your claim is worth, there is nothing you can do to recover the rest of those damages. That is clear law in Louisiana.
After you have affected a settlement by cashing a check and executing a receipt and release document, your remedies are very limited. Even if you hire a personal injury lawyer and want to pursue additional damages, that case will more likely than not be dismissed.
In Louisiana, the injured party seeking recovery for damages has the burden of proof. This means that the injured party must prove:
An injured party seeking recovery has the burden of proving. If they admit to the other driver that they were not paying attention, that will reduce the recovery. However, no one has to admit fault in an accident at the accident scene.
People who are injured in a car crash (and do not need immediate emergency services) should gather whatever information they can from the scene, and when they get away from the accident and get a cooler head, look at the facts in a clearer light.
We find that after individuals are in an accident, the police ask them if they are hurt, and they may say, “No, I am not,” “Well, I am not sure,” or “I will get checked out later.” They are better off saying that they are not sure or will get checked out later, rather than saying they are not injured. That could become a problem later if an injury reveals itself.
Taking photographs with your phone and acquiring the name of any eyewitnesses is a wise thing to do. Photographs of the crash scene concerning the position of the vehicles after they come to rest.It can help prevent the changing of stories at a later date.
Avoid talking to the opposing driver’s insurance company. Importantly, do not admit fault in anyway – even if you think you may have made a small mistake. Take down whatever information you can, and then call a car accident attorney as soon as possible. By doing these things, you increase your odds of getting proper compensation for the harm you have experienced.
