By Adam Drapkin
In August, the National Highway Traffic Safety Administration reported the number of traffic deaths and injuries in 2007. The good news is that both figures were down. There were 41,059 traffic deaths in 2007, compared with 42,659 in 2006. Traffic injuries fell from 2.58 million in 2006 to fewer than 2.49 million last year.
The bad news is that people still die as a result of car accidents, while many others sustain serious injuries. Such injuries and deaths leave the victims and their families devastated.
Statistics show that:
• Of the accidents that happen, 73 percent occur at speeds between 11 and 20 mph and 12.9 percent at speeds below 11 mph. Eighty-one percent of all injuries occur at speeds below 30 mph.
• Many low impact injuries can have a significant effect on the body.
• If you become involved in an automobile accident, chances are it will happen within three-fourths of a mile from your home. When I found that out, I moved. (One of my favorite Steven Wright jokes.)
Being involved in an auto accident, however, is not a joke. It’s stressful and painful. Knowing some fundamentals about car accidents can save you a lot of cost, pain and aggravation.
In part one of this two-part article, we focus on your rights and on Oregon insurance laws that are in place to protect you in case of an accident.
In the Event of an Accident
With millions of cars on U.S. roads, there is a good chance that you will someday be involved in a motor vehicle collision. The time immediately following an accident is distressing, so it helps to know beforehand what you need to do following a crash.
After checking to make sure everyone involved is okay, call for medical or police assistance if appropriate. Always get the name, address, phone number and driver license number of the other motorist involved in the collision. Write down the license plate number of the car involved, as well as the name and address of the other driver’s insurance carrier. You also want the insurance policy number. Take down the names and phone numbers of any witnesses.
If you are unfortunate enough to be involved in a hit-and-run accident, do your best to immediately write down a description of the vehicle, particularly the license plate number. If you missed the plate number, ask any witnesses if they were able to get it. Having this number is almost imperative for police to successfully track down a hit-and-run driver.
Personal Injury Protection
Regardless of who is at fault in a motor vehicle collision, your insurance company is required to pay your medical bills for up to one year or up to $15,000 — whichever comes first.
Your policy might pay even more. You can purchase up to $100,000 coverage for medical expenses, which I highly recommend. The coverage is quite affordable, especially compared with health insurance. It also goes further — in the event of broken bones or other seriously injured body parts — than the $15,000 minimum coverage. If you do nothing else after reading this article, call your insurance agent and raise your personal injury protection (PIP) or medical pay to the maximum amount.
Uninsured Motorist Coverage
All insurance policies sold in Oregon have uninsured motorist coverage; the minimum amount of coverage required by state law is $25,000. Should you be injured through the fault of an uninsured driver, you can recover expenses for treating your injuries — up to your policy limit. Using this coverage should not raise your premium if you are not at fault.
When You Are at Fault
Unfortunately, accidents aren’t always “the other guy’s fault.” When you are responsible for causing a collision, remember two things. First, your insurance company is still required to pay your medical bills up to the limits of your policy. Second, if the other driver sues you, your insurance company is required to hire a lawyer, at its expense, to defend you.
Quick Settlements
Your insurance adjuster may entice you with an injury settlement right away. While tempting, especially if you need the cash, don’t be too quick to take a settlement. First, focus on your health. Some injuries, particularly those involving soft tissue, do not show up until one to two weeks after an accident. If this happens, chances are your medical bills will cost more than the money you will receive in a settlement. Once you've taken a settlement, the insurance company is no longer responsible for paying your bills.
Putting Off Treatment
If you’re injured, you may be tempted to put off treatment, hoping that any ache or pain will go away. This is inadvisable from a treatment perspective. You could make the problem worse and your recovery time longer by postponing medical care. You should know, however, that just because you don’t file a medical claim immediately after an accident, doesn’t mean you cannot open one at a later date. That being said, I still advise patients to take care of any injuries — even those that seem minor — as soon as possible. Your auto insurance covers this, so why not feel better, sooner?
Other Important Facts
Any injury involving an automobile can be claimed under your auto insurance. For example, if you slam the car door on your hand or fall out of the back of your truck, you should be covered by your car insurance policy.
You can recover some expenses under your auto insurance policy if you were injured as a pedestrian or bicyclist in an accident that involved the use of an automobile.
Being at fault in a collision may raise your insurance premium. Claiming medical expenses after a claim has already been filed, or making a claim when someone else is at fault, should not raise your premium.
In Oregon, chiropractors are primary care physicians, and therefore you do not need a referral to see a chiropractor after an accident.
In part two of this article we will have ways to minimize your chances of having an auto accident and being injured in a crash. We’ll also let you know how to reduce the chances of long-term effects stemming from injury accidents.
* Please note that this article should not be constituted as or substituted for legal advice. Any insurance policy questions should be directed toward your insurance carrier. Any legal questions should be discussed with your attorney.
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