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Traffic Accident Insurance Claims Article
By Dan Baldyga
Thirty four years ago, in a book I wrote and
was published, entitled, How To Settle Your Own
Insurance Claim, I stated: “An eye witness
can make or break your case. If you’ve been able to
keep your wits about you the first thing you should do, immediately
after impact has occurred, is to find somebody who observed
it. After having spotted such a person, don’t be bashful.
Go right over to them and ask if they saw the accident? If
they did, jot down their name, address and telephone number.
Should they drive away before you can zero in on them, make
note of their motor vehicle’s registration number so
you can later obtain their name through the department of
motor vehicle office.”
What I wrote, over thirty years ago, remains
true today. (As a matter of fact, when it comes to insurance
claims, little has changed over he past sixty years)! Insurance
Companies are still raising rates into the stratosphere while
crying in their suds about all the money claims are costing
them and greedy Legal Beagle’s are still taking advantage
of every motor vehicle accident victim they can sink their
long and steely claws into.
A WITNESS CAN BE CRUCIAL: When
your motor vehicle has been smashed into one of the most important
sources of help - - when it comes to digging up information
and assembling a record of the accident - - is the eye witness
to that impact, with their accounts and recollections as to
what happened. Try to secure a detailed written statement
(or tape recorded or maybe even a video statement) from them.
That “witness person” could be a passenger in
your own or other vehicles, pedestrians, onlookers and bystanders
at the scene of the accident, and/or driver’s of other
motor vehicle’s who were not directly involve in the
accident.
UTILIZING THE WITNESS: How
do you actually go about the task of securing the relevant
witnesses, testimonies and cooperation? To begin with, know
this: It’s important that you get to a witness first
- - before that fast talking Adjuster Henry Hard-Nose, corners
them and uses his expertise to twist the facts. By moving
quickly you stand a good chance of getting the witness committed
to your account of the events and/or to come down on your
side of the case. If they do that’s money in the bank!
You should contact each witness of the accident
(identified from the list of persons you compiled at the time
of the accident - - or perhaps even discovered in the police
report) and talk to them about what they saw, or know, concerning
the accident. The ideal procedure is to get them to write
out, in detail, what they observed, in their own words. If
they’re not willing (or able) to do this, then write
their statement yourself (or merely jot down on a pad) what
each witness tells you, then have them sign and date it. Try
to capture their recollections, impressions and observations
of what happened.
Upon completing the interview of each witness,
and taking his (or her) statement, ask that individual to
read it. When they’re finished have them sign and date
it, with their home address and phone number included. (If
the statement is more than one page have them initial and
date the bottom of each page, then ask them to apply their
full and complete signature at the very end.)
You should make a copy of what they signed and
send it to them. That’s so they’ll know exactly
what they told you - - if, later on down the road, when Adjuster
Henry Hard-Nose try’s to hustle and con them into stating
something differently - - they’ll be able to stick to
their guns because they’ll have written proof to show
Hard-Nose exactly what they told you.
LOCATING A MISSING WITNESS:
You may be unable to directly contact or locate the whereabouts
of a witness whose name, home address or phone number you
have obtained. (The witness may have moved). Here are two
helpful steps you can take to locate a witness:
- Send a “Certified” or “Registered”
letter to that witness, addressed to his (or her) last known
address with the “Return Receipt Requested”
plus the “Address Only” box checked off. This
way, if you receive back from the post office the return
receipt signed by the witness, or executed by the post office,
you should find, fully entered therein, the current address
of the witness.
- If you have their full name and address
and you’re comfortable surfing through cyber-space
there are dozens of ways to locate a person via your computer.
Should you not be wise to the ways of the internet find
somebody to help you who is.
IN SUMMARY: I spent over half
my life investigating motor vehicle accidents. First as I
worked my way through college as a Private Investigator, specifically
assigned to motor vehicle accidents, next as a Special Investigator
in the United States Navy, covering major military motor vehicle
accidents in the mid-west, and then over thirty years as a
claims adjuster, supervisor, manager and trial assistant.
I know, from personal experience, a witness to a motor vehicle
accident can be invaluable when it comes to making your case.
Witnesses may be able to describe things in an accident that
confirm what you know happened, thus backing up your side
of the story. They may also provide you with information you
were not aware of, which indicates how the other operator
was at fault. A witness may have heard a verbal remark that
someone other than you was at fault. Even a witness, who did
not actually see your motor vehicle get crashed into, may
have observed you, soon after impact, and confirm the pain
and discomfort you were experiencing. A signed statement handed
to Adjuster Hard-Nose, taken from somebody who did not know
you personally, detailing the suffering you were enduring
at the scene, right after your motor vehicle was bashed into,
is even more money in the bank!
On that same subject of “pain and suffering”
Adjuster Hard-Nose might try to convince you that what a witness
says is less important if what is being stated is coming from
a friend or relative. Don’t you believe it. That’s
a crock! There are hundreds of thousands of motor vehicle
insurance accident claims on record that prove this contention
to be false. If a friend or relative actually saw the accident
and what they observed proves you’re not at fault in
any way, shape, manner or form - - and/or can detail how much
physical discomfort you displayed at the scene after impact
- - their value as a witness (on either issue) is worth its
weight in gold.
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DISCLAIMER:
The purpose of this article "THE
EYE WITNESS TO YOUR GETTING CREAMED" is for all readers
to understand the motor vehicle accident claim process. Neither
Dan Baldyga, Scott Baker, I GOT HIT, LLC, and/or the Accident
Resource make any guarantee of any kind whatsoever, NOR do
they purport to engage in rendering any professional or legal
service; NOR to substitute for a lawyer, an insurance adjuster,
or claims consultant, or the like. Where such professional
help is desired it is THE INDIVIDUAL’S RESPONSIBILITY
to obtain said services.
Dan Baldyga’s third and latest book,
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate
And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com
or http://www.autoaccidentclaims.com.
This book reveals “How To” handle your property
damage claim so you won’t be taken advantage of. It
also goes into detail regarding BASE (The Baldyga Auto Accident
Settlement Evaluation Formula). THE BASE FORMULA explains
how to determine the value of the “Pain and Suffering”
you endured - - because of your personal injury !
Copyright (c) 2002 By Daniel G. Baldyga.
All Rights Reserved.
Dan Baldyga - Author
dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)
http://www.autoaccidentclaims.com
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