You were humming along on a bright and
sunny day when suddenly Fred Fuddle, a local character from a nearby town, drunk
as a skunk and zooming along in his pickup, flew through a stop sign and crashed
into the right front of your truck. You had no chance to avoid him. Now that
the time has come to settle your claim for property damage and personal injuries,
let’s talk about a couple of basic things you should have been doing – just
as soon as you could – after that impact had taken place.
PHOTOGRAPHS OF INJURIES. If your accident causes bodily injuries that
are visible, it’s crucial that you have photographs taken of those injuries
as soon as possible! Take them from about 3 feet away and as close-up as you
can, to capture their seriousness. When you hand those photos to Adjuster I.M.
Smart from the Granite Mountain Insurance Company, believe me when I tell you
he’ll stare at them and then sigh! How does this author know that? Because I’ve
been there - done that!
PHOTOGRAPHS OF VEHICLES. You should take photographs of the damage
to your truck from several different angles. If at all possible, find the vehicle
that hit you and take photographs of that damage too. When it comes to proving
the impact your body was subjected to (and in many cases who was at fault),
those photographs will be invaluable during settlement negotiations or in court.
PHOTOGRAPHS OF THE SCENE. If at all possible, you should take photos
of the accident scene. Take shots of the immediate surroundings, of all relevant
gouge or chop marks on the highway surface, traffic signs, etc., as applicable.
The pictures of each accident scene, or a related object, should be taken from
at least three different angles. Snap several of a “general view” of the area
(about 20 to 40 feet away); a couple more “medium range” shots (10 to 15 feet
away); and then some “close-up” shots (3 to 5 feet away). If it’s at all possible,
all three different distances should have a common point of orientation. If,
for example, you’re snapping photos of a skid mark, it should be taken from
an angle so as to clearly show where that skid mark is, in relation to a landmark
like a street sign, a building, a fire hydrant, etc. Another photograph should
then be taken with a closer view - one clearly identifying the skid mark in
detail. And also, if possible, include the identifiable object or landmark in
that photo as well.
Because they’re such potent evidence, you should blow up all of your photographs
to 8x10 glossies. A total of 12 to 15 photographs of the accident scene and/or
the skid mark is not excessive. Always take more photos than you think you need
because some may not come out the way you thought they would.
It cannot be emphasized enough that photographs of skid marks are invaluable
evidence, since they can often indicate Fuddle’s speed at the time of impact
and are very often a tremendous asset when it comes to establishing fault. Another
good idea is to put a brief note on the back of each photo, entering upon them
a brief account of what or whom the photo is showing, the date it was taken
and by whom.
NEWSPAPER ARTICLES. As the accident victim, you should check to see
if there were newspaper accounts reporting the accident. If there were, clip
out the relevant articles and save them. The area’s local newspaper should also
be checked for the possibility that they may have published a synopsis of the
weather on the day of the accident. Upon clipping out such an item, a notation
should be made indicating the name of the newspaper, the date and page, etc.
Review these write-ups closely, because a photograph may be available via those
newspaper articles. If so, go to the newspaper office and order a glossy print.
It’s even possible, you may discover, that a newspaper or TV photographer has
a photo that was taken but not used in the article. These photos can usually
be obtained for a nominal charge.
There are two other “by-products” for which photographs can be useful to you.
One by-product is the possibility that, upon closely studying the photo, you
may discover a witness. Secondly, you might be able to pick out from the photos
any license plate numbers of other vehicles in the area that weren’t involved
in the accident. From such a piece of information, you may be able to obtain
the names and addresses from the police or DMV of possible critical witnesses
to your case.
POLICE REPORTS. It’s always a good idea to call the police
when there’s an accident. It’s to your advantage to have a police report on
file. In most states, the police are required, by law, to be promptly notified
whenever an accident occurs, especially when there’s an injury or the damages
to one of the vehicles exceeds some fixed amount (say $300).
About a week or so after the police execute the report, it will be available
to the public at the police department. After obtaining a copy, scan it for
a witness the police may have included. You may discover that the police have
taken some useful photographs. They’ll usually be more than willing to sell
you reprints. You may also find - especially in severe accidents involving drunkenness,
for example - that there are special reports and detailed diagrams of the accident.
You might also want to ask the investigating officers if there were any photographers
they may have observed at the scene that could provide you another source for
helpful photographs or witnesses.
If you accomplish this preliminary work and then present it to Mr. Smart, he’s
going to immediately understand that he’s dealing with an individual who knows
what they’re doing. This will go a long way towards convincing him not to attempt
to take advantage of you.
DISCLAIMER: The only purpose of this article
is to help people understand the motor vehicle accident claim process. Neither
Dan Baldyga nor 10-4 Magazine make any guarantee of any kind whatsoever, nor
do they purport to engage in rendering any professional or legal service, nor
to substitute for a lawyer, an insurance adjuster, or claims consultant, or
the like. Where such help is desired, it is the individual’s responsibility
to obtain said services. Dan Baldyga has a lifetime of experience in motor vehicle
accidents, personal injury and compensation. Over the years, Dan has written
several books regarding personal injury claims. In his books, Dan reveals some
of the industry secrets surrounding these types of claims. His latest book,
entitled Auto Accident Personal Injury Insurance Claim (How To Evaluate And
Settle Your Loss) can be found at www.autoaccidentclaims.com
or at your favorite bookstore.
Copyright © 2003 10-4
Magazine and Tenfourmagazine.com
PO Box 7377 Huntington Beach, CA, 92615 tel. (714) 378-9990 fax (714) 962-8506