What should I do if I am in an accident?

  1. Pull your car safely to the side of the road if possible.
  2. Call the police. Don’t agree to handle the accident privately.
  3. If you are feeling any pain, let the police know.
  4. If you are feeling pain, go to the hospital in an ambulance.
  5. If you continue to have pain, follow-up with your doctor promptly. Don’t wait to see if the pain will go away.
  6. Each time that you see any medical provider mention all of the areas of your body that hurt, not just the areas that hurt the most.
  7. Tell your medical providers about the accident. Don’t make them to guess what caused your pain.
  8. Take pictures of the damage to your car, inside and out and all sides.
  9. Take pictures of any visible bruising or lacerations on your body.
  10. Don’t speak with the insurance adjuster for the other driver.
  11. Don’t give recorded statements to any insurance adjusters before speaking with a lawyer.
  12. Take pictures of the accident scene with your phone’s camera.

Who pays my medical bills?

Your own auto insurance company will pay your medical bills up to the limit of medical coverage on your auto policy. If your accident happened in the course of your employment, your employer’s workers’ compensation carrier will pay. Your private health insurance company may pay your bills after you have exhausted the limit of medical coverage under your own auto policy.

Who pays for my car damage?

Either your own insurance company if you have collision coverage, or the other party’s insurance company, if the other party was at fault. It doesn’t hurt to get estimates from both companies.

Can I get a rental car?

Yes, if you have rental car coverage under your own policy. The other party’s insurance company may agree to pay for a rental car if the accident was the other party’s fault.

Who pays for my income loss?

If you have income loss coverage under your own auto policy, your own insurance company will pay 80% of your income loss beginning on the sixth day of loss up to the limit of income loss coverage on your policy. If the accident happened in the course of your employment, your employer’s workers’ compensation carrier will pay 2/3 of your average weekly wage beginning on the eighth day of disability.

Do I have to talk to the other party’s insurance adjuster?

No! You should tell the adjuster that you have contacted an attorney and promptly end the conversation.

Should I report the accident to my insurance company?

Yes! You have a duty to cooperate with your own insurance company and provide information about the accident and your injuries according to the terms of your policy.

What should I tell the doctor?

Be honest and thorough in describing your injuries to your doctor. Never exaggerate or minimize your symptoms.

Should I take pictures?

Yes! Take pictures of all visible property damage and bodily injury.

How much will you charge me to discuss my accident?


Do I need full tort coverage under my auto policy?

Yes. Full Tort means that you have full rights to recover for your personal injuries. Limited Tort means that you have limited your rights, even where the accident is not your fault. Full Tort has nothing to do with coverage on your car.

Do I need uninsured and under-insured coverage?

Yes. Uninsured and Underinsured motorist coverage covers you in the event that the person who causes an accident does not have any insurance or does not have enough insurance to pay your damages.

Should I insist that the police come to the accident?

Yes. The police will provide a written report that provides important information about the accident. When the police arrive, if you are experiencing pain, say so. The police report will say if anyone was injured. Therefore, if you are feeling some pain, it is important that you let the police know. Otherwise, the police report will say that you were not injured.

Should I agree to go to the hospital in an ambulance?

Yes. If you are feeling some pain, it is important that you get checked out as soon as possible. Therefore, if an ambulance is offered, you should agree to go in order to get checked out.

Should I go to the doctor right away?

Yes. The longer you wait, the harder it will be to prove that you suffered an injury in the accident.

Should I call a lawyer?

Yes. Call Freeburn Law at 1-800-303-8005. The call is FREE. We will answer your questions, deal with the insurance carriers, and fight to get you the compensation that you deserve.