Notify People Who May Be Responsible For Your Injuries

If you intend to file a claim for your injuries, it's important to notify potential defendants after the accident.

Starting the insurance claim process is simple. You don't have to know who was at fault for the accident; you must simply think about who might have been at fault. And in the beginning, you don't have to give the people involved, or their insurance companies, any detailed information about the accident or your injuries. All you have to do is notify them that there was an accident at a certain time and place, that you were injured, and that you intend to file a claim.

Act Immediately

The important thing about starting your claim is to not delay too long. Except for claims against government entities, you need not give notice within any specific number of days following an accident. But it is always best to start early, within the first couple of weeks after the accident.

Filing a notice of an injury accident with people or agencies does not obligate you to file a claim against them. But if you do file a claim later, they will not be able to say that the claim has unfairly surprised them.

Determine Who Might Be Responsible

Before you can notify those responsible for an accident of your intention to file a claim, you must decide whom to notify. Notify all those who might be responsible. This usually depends on the type of accident in which you were involved. Here are suggestions of people to notify if you were involved in the following common types of accidents.

Vehicle Accidents

• The drivers of all vehicles involved — including the vehicle in which you were riding if you were a passenger — whether or not they actually hit you or your car.

• The owners of all vehicles if the owners are different from the drivers.

• The employer of a driver of any vehicle if the employee might have been on company business at the time of the accident.

• The parent of a minor who was driving or owned the vehicle, or the parent of a minor who otherwise contributed to the accident.

• Anyone not in a vehicle who contributed to the accident, such as someone jaywalking or a property owner who allowed something to obstruct or interfere with the roadway.

• Your own vehicle's insurance company, if you need to make a claim under your own uninsured motorist, medical payments, collision, or no-fault coverage.

If You Slip or Trip and Fall, or Are Struck by an Object

• The person who caused you to fall or caused an object to strike you.
• The owner of the property on which you fell or from which the object came.
• The renter of the property on which you fell or from which the object came.
• The owner of the business at which you fell or from which the object came.
• The parent of a minor who caused you to fall or who caused you to be struck with an object.
• The employer of a person who, apparently during worktime, caused you to fall or to be struck with an object, regardless of where the accident occurred.

If You Are Injured by a Dangerous or Defective Product

• The business where you, or someone else, purchased or rented the product.
• The business where you were supplied with the product to use on the business's premises.
• The manufacturer of the product.

Write Notification Letters

Once you have determined those who might be responsible for your accident, your next step is to write letters telling each of them that the accident happened and that you were injured. You may need to send more than one letter — for example, one letter to the business where you fell and another to the person who owns the property.

Write a letter of notification even if the others involved have assured you that they will notify their insurance companies. Your notification should be a simple, typed letter giving only basic information and asking for a written response. It should not discuss fault or responsibility, or the extent of your injuries; you will get to those things later on.

For detailed information about what to include in a letter of notification, and sample letters, see How to Win Your Personal Injury Claim, by Joseph Matthews (Nolo).

To read and printout a copy of the Form please link below.

Documents to Show Your Attorney After a Car Accident

You can download a free copy of Adobe Acrobat Reader at http://www.adobe.com/acrobat/readstep.html

Copyright 2004 Nolo

Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.