If You are Hurt in a Virginia Car Accident, Then Call the Police!

This article is designed to help you understand why you should always call the authorities to the scene of an accident in which you were injured and why the insurance company you may be facing will hate that you did so!

You were probably taught in your first driver's education course to always call the police to the scene of any accident in which you are involved.

This really seems quite simple. However, many folks involved in accidents don't do it.

Why not?

Perhaps because the other driver promises to make sure that his insurance "takes care of everything" or that the he can't afford to pay a traffic ticket or that the damage to the cars seems minor enough to just "handle things unofficially."

So why do the insurance companies hate it when you call the police to scene of an automobile accident?

When you call the police to scene of your accident, then the police will require the drivers involved to exchange insurance and identification information.

The police may also charge the at-fault driver with some sort of traffic infraction, obtain witness information and preserve statements about the event, including descriptions of what occurred and complaints of injury.

All of this information will very likely assist you in the future with your claim and hurt the insurance company's ability to deny your claim.

By calling the police, you have made an official record of the event and can be relatively sure that the information you receive about the other driver is accurate and truthful.

After all, not many folks will give fraudulent information about themselves or their insurance to an officer of the law.

This official record will effectively prevent the other driver's insurance company from arguing that the incident did not occur or that their insured driver was not involved in the cause of your injuries. (Yes, insurance companies will deny responsibility at every opportunity, including whether their driver was even in the accident with you.)

This official record will also demonstrate that you complained of pain at the scene, which will help deflect any argument by the insurance company that you weren't hurt or that you later fabricated your complaints to manufacture a personal injury claim (another favorite of the insurance companies).

Finally, statements from witnesses or the other driver may contain valuable facts that may be later forgotten (many witnesses may not later recall things like the speed of the other car prior to the accident, the weather or the color of the traffic light at issue) or can be used to rebut a "changed story."

I don't know how many times I have been told by my clients that the other person admitted fault at the scene, but later hear from the insurance company that no such statement was made and that the cause of the accident was contested. (You may not be aware of this, but I will bet that your own automobile insurance card, which you keep in your glove compartment, contains the following instruction: Do not admit fault for the accident.

Remember, the insurance companies hate it when their drivers take responsibility for the accident because it damages their ability to deny or effectively defend your claim.

After all, these companies are in business to make lots of money, not to pay it to you!)

If you follow this rule, then you are a step ahead in the game and you will have a much better chance of successfully prosecuting your Virgnia automobile accident personal injury claim.

Source

Automobile Accident Statistics and Injury Prevention

Between the years of 2000 and 2005 there were over 6 million auto accidents in the United States. In each of those years approximately 2.9 million people were injured and over 42,000 people were killed. About 115 people are killed every day in vehicle crashes in the United States. In 2007 there were approximately 300 million people in the United States. Of the people killed in automobile accidents in 2007 approximately 20% were passengers. In 2007 approximately 5,000 people were killed in motorcycle accidents. Also, in 2007 approximately 4,600 pedestrians were killed in accidents involving motor vehicles. There were 255 million vehicles registered and approximately 200 million licensed drivers.

The motorists advocacy group AAA reports that accidents cost $162 billion each year. The cost of auto accidents to each American is more than $1,000 a year. Also, according to AAA car accidents involving drivers 15 to 17 years of age cost society more than 34 billion in medical expenses, property damage and related costs in the year 2006. 15-18 year old drivers were involved in 974,000 crashes that injured 406,427 people and killed 2,541. According to the Center for Disease Control motor vehicle crashes are the leading cause of death among U.S. teens, accounting for 36% of all deaths in this age group.

So, what can be done to protect motorists from injury and death caused by motor vehicle accidents? The answers to this question are as follows:

1. Don’t’ drink and drive. Don’t ride in a car when the driver has been drinking.
2. Require your teenagers to enroll in driver safety programs.
3. Drive large vehicles. Full sized passenger cars weighing over 4000 pounds have a lower injury and fatality rates.
4. Lower your speed. Speed kills.
5. Practice defensive driving.
6. Stricter enforcement of traffic laws.
7. Make drivers who cause accidents criminally and civilly responsible.
8. Lower the center of gravity on Vans, SUVs, and pick-ups to prevent roll over accidents.
9. Incorporate some form of roll cages in vehicles.
10. Incorporation of more safety glass in vehicles.
11. Restricted licenses for the elderly and those with poor vision.
12. Better highway design. Fix the bad roads before we build new ones.
13. Raise insurance rates for at-fault drivers and lower them for safe drivers.
14. Better DMV reporting of traffic infractions to insurance companies.
15. Use of and incorporation of safety equipment such as seat belts, air bags, side curtain air bags, crumple zones and energy absorbing bumpers.
16. Don’t drive if you’re tired.
17. Raise the driving age to 19.
18. Require drug and alcohol testing for all traffic infractions.

Source

State should pass reform

Today’s editorial was encouraging news. The North Carolina state representatives have voted to change the antiquated Contributory Negligence Law.
North Carolina has been among the four remaining places in the US which enforce this law. It has been costly financially and emotionally to accident victims and their families in North Carolina, Virginia, West Virginia and Washington.
All other states have had for a long time No Fault or Contributory Fault laws that have protected the citizens of their states from being denied their claims.
I know about this from personal experience. On Sept. 1, 2005 I was hit by a car as I tried to cross an intersection in Hendersonville. Even though the light was with me the insurance company said I contributed to my own accident because I risked crossing an intersection that had no marked crosswalk.

Source