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The News God > Blog > Law > A Helpful Guide on What to Do if Injured by a Distracted Driver
Law

A Helpful Guide on What to Do if Injured by a Distracted Driver

Rose Tillerson Bankson
Last updated: February 26, 2022 9:08 pm
Rose Tillerson Bankson - Editor
February 26, 2022
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6 Min Read
A Helpful Guide on What to Do if Injured by a Distracted Driver
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A lot of people will know the feeling of being in an accident and some may not know what steps to take. That’s why we want to help those who are looking for information about how to navigate their situation with a distracted driver injury. We’ll give you tips on what to do after the accident, how to deal with insurance companies, and how to get through your daily life as you heal from this traumatic event!

Contents
Medical ImplicationsHiring An AttorneySpeaking With Insurance RepresentativesMedical Care ProofGet Your Facts StraightFile A Compensation Claim

Medical Implications

The majority of people who have been in accidents where a distracted driver was involved usually have to deal with physical and emotional injuries. A good starting point is to call the police and file a report with them. This way you can show documentation that you were indeed in an accident even if the other motorist tries to drive away from the scene or there are no witnesses. It’s important to understand what you can do when distracted driving puts your health at risk because your current wellbeing is your greatest asset. In regards to your health, if your phone records indicate that you regularly see a doctor for treatment of injuries caused by this accident, it may be harder for an insurance company representative to argue against future medical claims. It’s always best practice to visit a doctor immediately after any type of accident, especially when an injury is involved.

Hiring An Attorney

After the accident, it’s time to start thinking about hiring an attorney. You can do this either before or after you talk to an insurance company rep. What you want to remember is that the time limit for filing a lawsuit is two years in most US states, so don’t wait too long. Contacting an attorney before talking with the insurer allows them to assist you with your claim and put pressure on the other party’s insurance adjuster. 

Speaking With Insurance Representatives

When speaking with an insurance company rep or their claims representative, it’s best not to admit any fault even though you think they are trying to trick you into doing so. These people are trained on how to get information out of accident victims so they can reduce their payouts. Don’t give them more than what your policy says! You have rights under your car insurance policy! It’s also smart if someone is present when speaking with the representative from the other party’s insurance company. This witness can also be a friend or relative or a lawyer. Just remember not to get bullied into confessing guilt, especially if you were not at fault for the accident.

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Medical Care Proof

When it comes time to provide proof of payment for your medical care and any required prescription medications, have all invoices available so you don’t miss anything that needs to be documented in your claim. In regards to where you go to get treatment for injuries sustained in an accident that was caused by a distracted driver, this information will need to be made available as well when filing your claim. The more documentation provided during this process, the better chance you have at receiving fair compensation.

Get Your Facts Straight

You need to understand what facts need to be part of your claim. You can’t just put anything into the documentation that may seem like it would help your case even if you don’t remember where you were injured or how bad it was. For example, if you were injured in an accident caused by a distracted driver and wound up with whiplash but didn’t go see a doctor about it right away, then this injury will not be covered by your policy because there is no proof of the injury at the time of filing a claim.

File A Compensation Claim

After gathering the necessary documentation, contact the insurance company and file a compensation claim. The more information you have documented before speaking with your insurer, the greater chance you have of receiving fair compensation for pain and suffering. Many drivers are distracted by their cell phones while they drive. A new trend among drivers is taking selfies while behind the wheel which degrades reaction time and increases the likelihood of crashing into another vehicle. So, if there is substantial proof that the driver who hit you was talking on the phone or doing anything that would distract them, you are sure to get the claim.

After gathering the necessary documentation, contact the insurance company and file a compensation claim. The more information you have documented before speaking with your insurer, the greater chance you have of receiving fair compensation for pain and suffering.

When you are injured in an accident, make sure to seek medical treatment immediately. This will strengthen your claim for compensation by providing documentation of the extent of your injuries when filing a claim with your insurer. Just keep in mind that distracted drivers can cause accidents that result in serious injuries. When this happens, it is important to stay calm and file a claim right away because there is a two-year time limit on most claims.

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