CHECKLIST: Did I Do Anything That Devalued My Recovery on My Auto Accident Claim?
If you think that you are not getting enough compensation on your auto accident, ask yourself if you did any of the following things that could have possibly devalued your case or claim. Check the ones that apply to your case or claim.
___1. Failure to seek immediate medical attention.
___2. Delaying the treatment for your symptoms because you thought they would get better.
___3. Failure to summon law enforcement to the accident scene.
___4. Failure to file a station report of accident and/or SR1 form with DMV if law enforcement did not come to the scene of the accident.
___5. Telling law enforcement and paramedics that you are fine, when you are nervous, shaking, confused and disoriented following your accident.
___6. Failure to record adequate identity, insurance and vehicle information on the adverse driver and vehicle.
___7. Failure to take accident scene photos.
___8. Failure to obtain witness information.
___9. Failure to take visible injury photographs.
__10. Movement of vehicles before police arrived (unless safety issues were present).
__11. Delay in retaining counsel.
__12. Failure to record information on vehicle movement and body position at time of impact on a minor property damage accident.
__13. Giving a recorded statement to the adverse carrier stating that you were not injured and your symptoms developed after that.
__14. Failure to give your attorney an accurate prior accident history.
___15. Failure to give your doctor an accurate medical and accident and injury history.
___16. Failure to go for recommended medical treatment and medical follow-up.
___17. Missing doctors appointments without a good reason and/or not calling to cancel your appointment.
___18. Failure to obtain a doctor’s excuse for missed work, even if not required by your employer.
___19. Failure to tell your employer that your were involved in an accident.
___20. Not keeping a record on days/hours of that you missed work.
___21. Failure to report initial minor symptoms to your doctor and reporting them weeks or months later, when they become worse.
___22. Arguing with defense counsel in deposition, arbitration, or trial.
___23. Failure to obtain medical treatment for symptoms you are experiencing after discharge from doctor.
___24. Telling the doctor that you are fully recovered so that you can get discharged from treatment.
___25. Failure to give an accurate explanation to your doctor of any aggravation of a pre-existing condition.
___26. Not giving adequate time and attention to the completion written discovery.
___27. Not reviewing documentation on your case prior to deposition, arbitration or trial.
___28. A prior accident was revealed during your deposition or arbitration or trial that you didn’t tell anyone about.
___29. Not taking medication as prescribed.
___30. Not advising your attorney of new medical treatment or diagnostic tests.
___31. Not responding to your attorney’s telephone calls and faxes.
___32. Delay in responding to your attorney’s requests for communication.
___33. Allowing your emergent bills to go into collections because you didn’t pay your deductibles.
___34. Lengthy therapy without referral to a doctor to verify the medical necessity of this treatment.
___35. Obtaining treatment from providers who are unfamiliar with auto accident cases.
___36. Failure to tell your healthcare providers how the injuries are affecting your daily activities.
___37. Failure to tell your doctor that your injuries are affecting your ability to sleep.
Most insurance companies will use computer programs to evaluate your auto accident claims. These programs consider the aforementioned factors to reduce the value of your auto accident claim.
HOW DID YOU SCORE?
7 or less checkmarks – minor reduction in value
8 to 15 checkmarks – moderate reduction in value
16-20 checkmarks – major reduction in value
over 20 checkmarks – you probably received only a nominal offer or no offer on your claim