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 Failure to
stop is against the law. If possible, leave the vehicles in the
position they were when they stopped.
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 Call 911
for an ambulance so anyone injured can get appropriate medical
treatment. Please remember, injuries are not always evident,
it always better to let a professional EMT (Emergency
Medical Technician), make those determinations.
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 Take
precautions to avoid further collisions by using such things
as flares,
flags, auto lights, and flashers.
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 Call
local police or highway patrol immediately. Once they arrive
make sure and request an accident
report to be written. Never agree to waive a police report.
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 Obtain the name,
address, phone number, vehicle registration and tag number,
driver's license number and insurance information on the
other driver. Also, the date, time and location address of
the accident. Always ask the law enforcement officer at the
scene for his/hers name and badge identification #.
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 Do NOT
make any statements to anyone at the collision scene,
except
to the police
officer.
DO NOT ADMIT FAULT! or volunteer what could be perceived as
incriminatory information.
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 Obtain
the name, address, phone number and comments of all
witnesses. If they will not
volunteer
this information, if possible, write down their automobile
license plate number and a brief description about the
witness. e.g. sex, age, ethnic origin, race, and or any
other identifying information.
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 Make
written notes. Note any admissions of fault by the other
driver or witnesses. If you have a
tape recorder, use it. If possible draw your own diagram of
the site of the accident. Don't forget weather, driving and
traffic control conditions.
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 Never,
under no circumstances leave the scene of the accident until
police arrives,
process the accident scene and finally dismisses you.
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 If you
have a camera, cell phone camera or camcorder take pictures
of the scene,
all involved cars and parties involved in the accident.
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 It always
a good policy to try to inform your closest relative or someone
that can be available to follow through in case that you or
someone with you was injured at the accident, or better yet
come and get you and take you home, even if your car is
drivable.
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 Call an
attorney as soon as possible to advise you of your rights
and
subsequently assure the protection of the same. For details about our
firm and how we can help you protect those rights,
Click Here
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1.
DEAL WITH MY INSURANCE ADJUSTOR DIRECTLY? - Before embarking
into the area of 'do it yourself' negotiations with your insurance
company, please take a look and read the following:
Guidelines in understanding the perils of doing your own
negotiations with insurance adjusters and how to protect yourselves.
Observation > Understand Claims Adjusters: Claims Adjusters are
professionals. They are trained to negotiate by tremendously
experienced and qualified psychologists, company insiders and
company lawyers. They are trained to intimidate you, to hassle you,
and use every psychological technique to encourage you to settle for
the lowest amount possible and discourage people from using the
services of a good lawyer.
Here are some basic rules of dealing with a claims adjuster:
A. Never give an insurance company an oral statement unless you are
required to do so by the terms of a binding contract you signed. If
you do, you will regret it. Oral statements can only hurt you and
help the insurance company. You cannot beat them at their game. It
is best not to try.
B. Claims Adjusters want you to continue negotiating; the longer you
negotiate with them the higher the probability of settlement with
the insurance company. By definition, you are not a lawyer and the
insurance company knows you cannot file a lawsuit. They have nothing
to fear. Our experience clearly demonstrates that lawyers negotiate
settlements for substantially more than is ever offered you by a
claim's adjuster.
C. Know how to negotiate. The first rule of negotiation is: Know what
you want, and, once you decide what you want, don't vary. The second
rule of negotiation is: Never bid against yourself. Once you set a
number, never ever, ever give a lower number until the insurance
company makes a response with an offer. Do not listen to what the
insurance adjuster says, only to the number he offers. Think about
the numbers that are offered. It's a wise decision to leave
settlement and negotiations to the professionals. We have been doing
this for OVER 35 years.
2.
ABOUT DEADLINES - Please remember that there are
deadlines or statutes of limitations for all claims. These statutes
vary. We cannot tell you specifically when your statute expires, but
generally speaking, and there are lots of exceptions to this rule,
for personal injuries suffered in a NJ or Pa automobile crash, the
statute is two years from the date of the injury. Tort claims
require specific information and notices to be filed within 90 day
periods, and there are other time limitations based on specific
accident types and facts. There are many
exceptions. If the Defendant is a government body or entity, some
notices sometimes must be given as soon as 6 months. Please do not
take this paragraph as legal advice as to when your claim is barred.
You should consult a lawyer.
3. PRESERVE EVIDENCE - By preserving evidence, I mean
take plenty of pictures of the car, document your medical expenses,
keep all of the medical bills in a file. Keep an account of your
lost wages, keep a diary of how this injury affected you. Keep a
list and copies of your prescriptions.
4. WHY DO I NEED A LAWYER? - Lawyers assist you in
attaining a full, fair, settlement for your claims. For a wrongful
injury, we seek to recover the only thing the law allows, a full,
fair and just compensation in monetary damages.
5. CAN I AFFORD AN ATTORNEY? - The Law Offices of
Vincent J. Ciecka, Esq., P.C. handles injury cases on a contingency
fee. That is, our fee is contingent upon us recovering monetary
damages from you, either through settlement or a trial. In this way
we share the risk. If we recover nothing, we are paid no fee. Our
initial consultations are totally free and are done at your
convenience. For those experiencing difficulties or hardships in
having a 'office' consultation, we provide other means to discuss
your specific accident situation. Just let our Office Manager know
that 'special arrangements' are needed and they will be met to your
satisfaction.
6. ADDITIONAL COSTS? - There are costs and expenses
which are usually paid by the client after the case is settled and
are separate from and in addition to the contingency fee.
Contingent attorney's fees refers only to those fees charged by an
attorney for their legal services. Such fees are not permitted in
all types of cases. Court costs and other additional expenses of
legal action usually must be paid by the client.
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