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I'VE
JUST BEEN INVOLVED IN AN AUTOMOBILE ACCIDENT...
Once your initial injuries have been attended to and stabilized
after an automobile accident:
1. Do not give a recorded statement to anyone other than your
own insurance company. Insurance adjusters are trained professionals
whose allegiance is to the company they work for. It is not their
job to help you. Their job is to make sure that the company pays
the absolute minimum amount of money possible. They are trained
to ask questions in the hope that you will say something that
will enable them to deny your claim. You should not give a recorded
statement to an insurance company unless someone from your attorney's
office is present.
2. One immediate concern is your car. The following are some basic
guidelines to help you before you have the opportunity to consult
with an attorney. This information may also assist you in handling
the damage to your vehicle if you have no injuries and do not
need an attorney. If your car is not driveable, arrange for a
rental car through Enterprise, Super Star, or Advantage. Tell
them you need the "insurance rate". The insurance company
will not reimburse you for any insurance you choose to buy from
the rental company, because your existing policy covers the rental
up to the limit of your coverage. If your car is driveable, ask
the insurance company to appraise the damage before you begin
any repairs. It is not necessary for you to obtain any estimates.
After the appraisal has been done, select a repair shop and arrange
the car rental with the insurance company at least 24 hours before
you drop off your car. Do not leave your car for repair until
all ordered parts have arrived. If the repair shop does not agree
with the insurance company's appraisal, tell them to call the
insurance company. They will work out any discrepancy directly
between them.
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WHAT
IF A POLICE OFFICER WANTS TO TALK TO ME...
Other than providing your name and address and showing your driver's
license, it is recommended that you never give a statement to
a law enforcement official without being advised by or in the
company of an attorney. Police officers and law enforcement agents
are charged with arresting people and assisting in their prosecution.
It is not their job to find out what is "right" or to determine
what constitutes "justice"--that is the job of a judge or jury.
Generally, if a law enforcement officer asks you to do something,
it is with the goal of obtaining evidence. Providing attorneys
for people being questioned by police officers is one of the most
basic tenets of American constitutional law. Similarly, no one
can force you to take a breath test if you are suspected of drunken
driving. If you do take a breath test and the result exceeds the
legal limit, the State has an easier time convicting you at a
trial.
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