May 19, 2012

What Every Car Accident Victim in Oregon Should Know

If you are involved in an auto accident there are some things you need to be aware of.  The insurance company of the person at fault will do everything in their power to minimize their potential losses.  They do not care how injured you are or how bad the car crash was.  Their main focus is to pay out as little as they possibly can.  Within several days their representatives will come to your home attempting to gather personal information, obtain a release on your medical records, or get any type of statement that can be used against you, as the personal injury victim, in the future.

You would think these less than ethical methods would be against the law but they are not and the more knowledge you have the better off you you will be.

Understand and follow these suggestions:

  • Do not speak with the insurance company of the person at fault.  No matter how friendly them seem to be, no matter how genuine they come off, do not say anything at all to them.  They are looking for any information that will discredit you in the future and they are not your friend. You are not obligated under Oregon law to cooperate with them whatsoever.  This especially includes your medical condition.  There are people who can negotiate with these individuals, a personal injury lawyer or your own insurance company, but you are not one of them.
  • If you are asked for a medical release say “no.”  Anything you are asked of as far a providing additional medical information, past, present, or future should be meet with a resounding denial.  Insurance companies want this information in an attempt to prove later on that you were “already injured” and that the accident was not the true cause of your current condition.  They will go well beyond the actual accident to get out of compensating you.  Under no circumstances, not even if they seem like the nicest people in the world, should your release any medical or health records to them.  Failure to follow this advice could prove disastrous.
  • Within forty-eight hours you will hear someone knocking at your door.  It will be an agent of the insurance company.  Do not answer it and if you do politely tell them to leave.  Keep in mind that they are trained, like a used car salesman, to be your friend and act like they care about you.  This trick has been used many times and has come back to haunt many Oregon car crash victims who have fallen for it.  Again, these people are building a case against you so why would you help them with anything!
  • You may think your own insurance company is on your side but remember they employ the tactics just mentioned as well.  Additionally, under Personal Injury Protection aka PIP they are paying many of your benefits.  Your cooperation is mandatory with them though.  You cannot just brush them off or they can cut your benefits.  But do not go to doctors they send you to and be wary if they try to force you.  These “doctors” are working for them and their analysis might not be in your best interests. Nevertheless, because they are a “doctor” their prognosis may hurt your case in the future when its being negotiated.  If you feel like your own insurance company is trying to screw you then get a personal injury or car accident lawyer (both the same thing) immediately.

If you are involved in a major automobile collision you need to realize that a lot of money is at stake.  Depending on the circumstances and how bad the accident was you could be in line to receive hundreds of thousands, maybe millions.  The insurance companies know this and will do whatever it takes to stop this from happening.  They have no conscience and the sole job of protecting their corporate profits.  Treat them as you would an enemy in war.  Remember they are battle tested and have gone through this many times while you, obviously, have not.  Get professional legal counsel from a trusted source and hire someone who has a proven track record of going “toe to toe” with them and winning.