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You were struck and it’s clearly not your fault! If at all possible, don’t remove your vehicle until the police arrive, allowing them to ensure whatever evidence may be important.
THE EYE WITNESS: If you have a pad and pen with you it’s not a good idea to ask, “Did you witness this“? More often than not that will turn them off!
It’s much better to ask, “What happened here?” If the individual is willing to talk don’t insist, “Give me a written statement”, because that seems too formal or demanding. Since you’re obviously busy, hand them the pad and pen and say something like, “Please, while I take some photograph” (or whatever) “just write down what you saw.” Then go on about your business.
When that person is finished, thank them profoundly and say something like, “I’ll go over this later. In case I can’t make something out, please, give me your name and a phone number where I can reach you if I have any questions.”
More often than not if you read their statement and then insist, “Sign this,” that will put them on the defensive. With a statement in their handwriting, it can later be concluded that the statement is indeed theirs.
If they sign it great, but don’t make an issue of it, because you want them on your side!
ALWAYS REMEMBER: Because a witness may seem credible and may believe what they’re saying is true doesn’t mean they’re correct. Credibility and honesty have nothing to do with if their memories slip a bit. That’s why you should try to get it in writing!
REFUSING MEDICAL ATTENTION AT THE SCENE
Many people (even when they feel pain) will refuse medical attention at the scene and go home. Then, after several hours of increasing pain, they’ll need help. Should they end up dealing with the typical Insurance Adjuster (who is quick to assume they’re being conned by a crooked individual) they’re told that the pain they allegedly felt had nothing to do with an injury! That’s the reason why one should immediately demand they be brought to the closest Emergency Room.
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Whenever you’ve been the victim of somebody else’s lack of care while operating their motor vehicle, it’s very important that you immediately contact the local police department.
Don’t listen to the other operator who will often say, “Hey, we’ll handle this ourselves”.
The individual making such a statement may possibly tell a completely different story (than the one they tell you at the scene) when the matter is discussed with the police and/or their own insurance company.
ALSO: There’s a “Time-Lapse Of Memory” thing which (more often than not) comes into play. Many times witness’s are much better at articulating a circumstance - - even if they’re dead wrong!
An “Honest Person” may tell it exactly the way it was but they may not seem convincing; whereas a “Practiced Liar” can often persuade people to believe their story to be true - - when it’s not!
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DISCLAIMER: The purpose of this article: “HANDLING YOURSELF AT YOUR MOTOR VEHICLE ACCIDENT SCENE” is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Carmine Gallicchio nor CAR JUNKY make any guarantee whatsoever, NOR do they purport to engage in rendering any legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain such services.
Dan Baldyga’s third and latest book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com. This book reveals How To handle your property damage claim so you won’t be taken advantage of. It also goes into detail regarding BASE (The Baldyga Settlement Evaluation Formula). THE BASE FORMULA explains how to determine the value of the Pain and Suffering you endured - - because of your personal injury!
Copywright (c) 2005 By Daniel G. Baldyga
Dan Baldyga - Author
dbpaw@comcast.net
FAX: 1 (413) 731 8358
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)
http://www.autoaccidentclaims.com
Or: http://www.caraccidentclaims.com