In vehicle crash cases, seeing is definitely believing. Often, one picture can do more good or harm to a case than hours and hours of witness testimony. This is also true when negotiating with insurance adjusters. The more photographic evidence of car damage and bodily injury they receive, the more likely they are to offer higher amounts to settle your case. With the prevalence of smartphones, there is no excuse for not taking pictures to document your crash. If you are ever in a crash, you should immediately take photographs of the following three things.
Capture the Car That Hit You
First, you should take photos of the car that hit you. This should always be done FIRST because you never know how long the other driver will remain at the scene. It might feel a little awkward getting images of someone else’s car, but it is important. If the other driver protests, tell him or her that your insurance company has instructed you to take pictures of the scene. Keep in mind that you can only take pictures of what you see. You don’t have the legal right to open compartments such as a trunk or glove box.
Often, this will be your only chance to document the condition of the other car. The other driver’s insurance will not allow you or your personal injury attorney to view any of its own photos until after a lawsuit is filed. This is because in a rear-end accident, the front of the rear car almost always shows more damage than the rear of the front car. The front of a car has more things that can be broken (grill, lights, etc.) than the back of a car, which is usually just a solid bumper. In addition, when the other driver’s insurance company takes their own pictures of the damage, they will usually have the car cleaned to remove any dirt streaks that may make the damage look worse. They will also take pictures from angles that minimize how bad the damage looks. Your own photos will be the best way to protect your case.
Photograph Damage to Your Car
Second, you should take pictures of the damage to your car. If possible (and not dangerous), do this at the scene. When you take photos at the scene of your crash, this removes any argument from the other driver’s insurance company that you may have tampered with your car before taking the photos. The other driver’s insurance company will eventually schedule an estimate. This is their opportunity to assess the damage to your car before offering to make any repairs. At the time of the estimate, the representative for the other insurance company will take multiple pictures. Again, these pictures will be taken from angles that minimize the damage that is shown. In fact, some estimators have been known to carry towels and other cleaning supplies with them so they can try to buff out as many scratches and streaks as possible before taking photos. If you have taken photos of your car at the scene, these photos will help show a jury that the insurance company is attempting to obscure the facts and suggest there was less damage to your car than there actually was. Your photos will have more credibility because they were taken more closely in time to the crash.
Take Photos of Your Injuries
Third, you should take photos of any injuries to your body. Visual representations of injuries are much more powerful than simple descriptions. If you notice any bruising or scratches caused by your accident, you should photograph them immediately. Often when negotiating with insurance adjusters your attorney will push for the highest offer and then send a client’s injury photos. This automatically triggers an increase in the amount of money (called reserves or authority) that the adjuster can offer. The insurance company never wants a jury to see injury photos because they prove that the impact of the accident was definitely strong enough to cause injury.
Photos of injuries also help you and your doctor identify areas of concern. Not all injuries are obvious at the time of a crash and photos can help identify subtle or internal injuries that could become more dangerous later on.
If you are ever in a vehicle crash, make the simple effort to photograph these three things as soon as possible and then call an experienced personal injury attorney at Clear Counsel Law Group. Doing so will often increase the amount of money you are awarded at the end of your case and put you on the road to recovery that much sooner.