If you have been in a car collision and were injured, you may be able to claim damages. However, you may be asking if you need to prove your injuries. The short answer is: Yes.
The longer answer follows.
Do You Have to Prove Injuries?
Yes. Insurance companies will only pay out if you have some evidence that your injuries are real and that they resulted from the collision. This means that even if you think you are not hurt, you should start the process by getting yourself checked out by a doctor right after the accident. If you don't have insurance, urgent care may be a good option or, failing that, the ER.
What Types of Proof Work Best?
The ideal is to work with your doctor or hospital and obtain detailed records of any medical treatment you have received and the cost. Tell your doctor you were in an accident and need documentation for insurance purposes. Keep everything, including receipts.
If you seek attention from an alternative provider, such as a chiropractor, you can get the same records from them. Chiropractors in particular are used to working with insurance companies and will typically do their best to get you the appropriate documentation. Make sure to also get records from anesthesiologists, ambulance services, radiologists, lab work, physical and occupational therapists, etc.
Some other ways you can prove you were injured include:
- Photos of your injuries. Get somebody to take them right after the accident. Photos taken with a phone will do, but don't alter the photos in any way. Print these photos out and write on the back a description, the date and time, who took the photo, and the location.
- Receipts for drugs you purchased, including over-the-counter medications.
- Paystubs showing any time you didn't work, especially if you are paid hourly.
- Witnesses who saw that you were injured, especially strangers.
- A copy of the police report from the accident
- An injury diary. Record your daily pain levels, emotional distress, and any things you weren't able to do. Yes, this does count as evidence. You can also use it for personal reasons, such as to track your recover.
These alternative methods are particularly important if you are having problems getting your medical records or if you are having to bounce around providers because you don't have a family doctor.
What Should You Do Right After the Accident?
The police should be called after any accident that causes personal injury or significant property damage. Calling the police doesn't mean anyone is at fault or is going to be arrested, in the vast majority of cases. The police are there to help you document the incident.
Make sure any witnesses stick around to give statements. You can also ask a witness to take photos of your injuries and damage to your vehicle. Witnesses can also help identify the vehicle if the other driver leaves the scene.
Seek medical attention, if possible, right away, even if you don't have insurance and even if you don't think you're hurt. It might seem like a waste of time to go to the ER for bruises, but you may realize you have other problems later. Whiplash, for example, takes two or three days to become obvious and is a very common injury in low speed crashes. If you have a head injury, always seek medical attention. Symptoms of a concussion often take twenty to thirty minutes to show up...and in some cases thinking you are fine is a symptom of a concussion.
Talk to a lawyer. Personal injury lawyers work on contingency, meaning you don't pay anything until you get your money. They are then paid out of the settlement.
Making Your Claim
Make your claim quickly. All states have statutes of limitation on personal injury cases, which can be as tight as a year in some cases. Most cases don't go to court. Keep any and all documentation related to your accident; and keep original documentation yourself. Send the insurance company copies.
Most personal injury cases after car accidents don't go to court, but a lawyer can help you get the insurance company to pay up...and typically at no up front cost to you. Always fight for what you deserve.
