Information you were given by the investigating officer is on a card or a full sheet of paper that is a copy of the first page of the accident report. Use this information to call the insurance claims consultant of the at-fault driver to open a claim. Even this first step has dangers for compromising your rights. The first person you talk to will likely take down basic information on what happened for purposes of opening the auto insurance claims and assigning an adjuster. This first person will not be working your claim and probably cannot help you with anything. He or she may ask how you are feeling and if you have injuries for your medical insurance claims. If you are calling right after the accident, you may not feel your injuries yet. Doctors tell us that inflammation continues to increase for three days after an injury. Also, we are all trained to ignore or downplay our injuries so we don't appear to be whiners. So, even injured claimants will say they are not hurt much or that the injuries are no big deal. Remember, anything you tell any insurance representative will be recorded, either in notes or actually taped. If you tell them you are not hurt, and later get treatment for injuries, this can affect your credibility.
Once an insurance claims consultant is assigned to your auto insurance claims (supposedly within about 24 hours of your phone call), that adjuster will contact you. One of the first things they request is a recorded statement. Part of their purpose is to get the facts they need to handle your claim. But they work for the insurance company, and thus are on the lookout for anything that will lower the value of your claim: whether you did something to cause or contribute to the accident, whether you are hurt, whether you have prior injuries that may be blamed for your current symptoms and treatment, whether your choice of doctors or treatment can be questioned, etc. You would be surprised how easy it is to inadvertently hurt your own claim. For example, in one of my cases, my client had given a recorded statement before we met. The client was at a stop when hit from behind. However, when she was asked how fast she was going at the time of the accident, she answered that she was traveling at 40 M.P.H. assuming that the question referred to her general speed while traveling. The adjuster did a calculation based on her own insured's travel speed of 50 M.P.H. and concluded that the total impact speed was about 10 M.P.H. not the 50 it actually was. In other cases, when the adjuster asked, "How are you", my clients gave the standard reply of "fine," which was recorded. Standing alone, that could be used to imply a contradiction if the client later claims he or she was in pain from the accident, when the clients were injured but also polite. These are simple examples, but there are many ways that small things can be used to misrepresent what actually happened to you in the accident. You are not obligated to give a recorded or written statement (except, at times, to your own company.more on this later). The insurance company may refuse to make an offer if you do not give such a statement. The statement is not directly admissible in court proceedings, but it can be used if there is a later statement that seems to contradict it. The recorded statement should not be taken lightly. This is another area where legal counsel can help you decide what to do and prepare you for the statement if taken.
It is also not unusual for the adjuster to try to settle the medical insurance claims right away, usually for a low sum of money. This is not advisable. You should not settle until you are sure you are better, and all health, income, and vehicle issues are resolved. In Arizona, the shortest time period you have to take an official act to protect your claim is 180 days (against a governmental defendant), so don't let the insurance company make you feel like you must act now. Also, resist the urge to think that they will treat you better if you settle quickly. Settle when you, not they, are ready.
The adjuster will send you documents giving him or her permission to order your medical records.sometimes all of them! It is generally unwise to sign those. It is true that the adjuster will need medical records and bills related to the accident to evaluate your claim, but you should probably get these yourself and give copies to the adjuster. That way you also have the information when negotiating.
Another piece of information that the adjuster will have and you should also is the accident report. The paper you were given at the scene of the accident is not the accident report, even the full page official-looking one. The full report will be two or more pages long. The information you received at the scene has a "Report Number," and information about how to obtain the full report. Most record divisions require about 10 days before the report is ready. You can order this by mail or pick it up. There is a small charge for the report. A notable exception to this procedure is the Phoenix Police Department. That department puts their reports online. If you have the name of one of the driver's and the report number on an accident investigated by the Phoenix Police, you can go to the Department web site, find the tab to access reports, and download it. I look forward to the day that all the municipalities offer this service.
Having your own copy of the police report will help you see any possible liability problems or fend off any arguments that are not supported by the investigation. It also helps you know who the witnesses were, which can be essential if there is a dispute.
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