Never lie. Read and understand what you are signing, especially releases. If you had any prior accidents or injuries, never hide it because the defendants will find out. Keep a daily pain diary. Don't tough it out. Go see a doctor. Be aware that there may be surveillance cameras. Human anatomy and physical limitations.
No-Fault application to your own car insurance company must be submitted within 30 days from the date of accident.
Obtain copy of the Police report
The other party's auto and insurance information should be on the police report. If the police report states that he/she does not have insurance, you will have to file for uninsured motorist claim through your own insurance company.
Go see your doctor to see if you sustained injuries due to your accident. If your doctor recommends extensive examinations and start physical therapy, it is usually recommended that you start immediately. Like all injuries if you leave it along, it may get worst. Consult with your doctor(s).
If your treating doctor or primary doctor recommends you to see a specialist (such as an Orthopedic, Neurologist, or Dentist) you should do so while the no-fault benefits are opened to you.
Even if your no-fault benefits are denied, if your symptoms and pain are still there, consult with your doctor and attorney to see if there is a way to receive further treatment.
At this point (about six months later) a summons and complaint would be filed with the court.
After the summons and complaint are filed; an answer should be filed by the defense counsel. If an answer is not filed within 20-30 days without mutual consent, the plaintiff may take a default against the defendant.
After the Summons and Complaint is served and the initial medicals are exchanged, speak with the adjusters to see if there are any offers on the table. Some times the insurance company may make a offer of the policy depending on the injury as well as policy limits.
If the case proceeds, a Bill of Particulars will be prepared by your attorneys office. On or around this time, a preliminary conference should have been held. The preliminary conference outlines the due dates of when the depositions and exchange of discovery is due. The bill of particulars would be part of the discovery.
After the discovery, depositions are usually scheduled around this time. Depositions are sworn statements as to your side of the story and the defendants side of the story. You will also testify what injuries you incurred due to this accident and who you have treated with.
Once the depositions are complete, at this point, the defendant's insurance company should make an offer if they have not done so before. However, the insurance companies can also do nothing and proceed with the case in court.
If a trial is set up, there are a lot of costs associated with a trial such as hiring expert witnesses. Sometimes you may be better off to go into an Arbitration or mediation.
to be revised and continued
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