If you were to ask an auto accident lawyer about what you should do after being in a car accident, it is likely that he or she would start with how important it is to have legal representation. A caring and committed lawyer would also be able to provide you with key details regarding the immediate actions you should take after calling them. If you were in an auto accident and suffered a serious injury as a result, it’s possible that you could recover damages from the person responsible. Lawyers know how difficult it is to bounce back after a collision and have the skills and experience to represent your best interests.

At the Accident Scene

Even before contacting a car accident lawyer, stay at the scene of the collision until the responding law enforcement officer tells you that you can leave. The exception to this is if you are transported from the scene by an ambulance to the hospital. Otherwise, if you leave the scene it can be far less likely that you are seen as credible when pursuing an injury claim.

Exchanging insurance information with the other drivers and talking with witnesses is also a key step in this early post-accident phase. However, in so doing, a knowledgeable attorney might tell you that it’s important to avoid admitting fault for the accident in any way.

Communicating with insurers

A skilled lawyer will know where to start in guiding you through the legal process and dealing with the insurance companies. It’s important to be truthful with the insurers but not offer too much detail which can be used against you to deny your claim. Your attorney can communicate with the insurance companies on your behalf to protect your rights.

Police reports can be helpful in making sure you have documentation of the accident. However, you should also note that it’s important to be wary of any early settlement offers from insurers. Your auto accident lawyer can advise you about settlement offers and even negotiate for a higher amount than what the insurance company offers you.

Medical Treatment

Seek medical treatment as soon as possible after an auto accident even if you are not sure if you were injured because symptoms don’t always present immediately. It is important if you’re pursuing a personal injury claim to keep detailed records of your doctor visits and any medications you are taking. Make sure to hold onto any such records because they can be helpful in seeking to recover damages for certain injuries, and potentially even help you do so for pain and suffering.

Legal Options

As the lawyers at Cohen & Cohen can explain, obtaining legal representation is crucial in the days immediately following a car accident. Having a lawyer to assist you can make an enormous difference as far as whether or not you are able to recover maximum damages for the accident.

An individual eligible for a company’s pension, life insurance, or disability insurance benefits is called a participant. The company that provides those benefits is called a provider or administrator. Often the administrator is a third party and not the company that employees the participant.

An administrator must follow certain steps prior to denying a participant’s application for benefits. First an administrator must establish and maintain reasonable procedures governing the filing of benefit claims, notifications of benefit determinations, and appeals of adverse benefit determinations. When denying a claim, the administrator must provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan was denied. In simple English, the administrator must state the specific reasons for denying the claim and reference the provisions of the plan for which the denial is based. After denying a claim, the administrator must provide the participant with a description of the plan’s review procedures and the time limits applicable to such procedures. Moreover, the administrator must inform the participant whether the administrator needs any additional information to make a favorable decision.

After an initial denial, an administrator must provide an opportunity for the participant to appeal the denial. During the appeal, the administrator must provide a full and fair review. During the entire review process, the administrators must ensure that benefit determinations are made in accordance with governing plan documents and that, where appropriate, the plan’s provisions have been applied consistently with respect to similarly situated claimants. The administrator must include a statement of the claimant’s right to bring a civil action under section 502(a) of ERISA following a denial on review; provide the specific rule or a statement that a rule was relied upon in making the adverse determination, and a statement that a copy of such rule will be provided free of charge to the claimant upon request.

To provide a full and fair review an Administrator must:

Upon request of a claimant, provide free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits.
Take into account all comments, documents, records and other information submitted by the claimant relating to the claim, without regard to whether such information was submitted or considered in the initial benefit determination;
Consult with a healthcare professional that has appropriate training and experience in the relevant medical field when deciding an appeal of any adverse determination that is based in whole or in part on a medical judgment.
Conduct a second review that does not afford deference to the initial adverse benefit determination.
Have the person that conducts the second review be a new person and not be a subordinate of the person that performed the initial determination.
Consult a healthcare professional for an appeal of an adverse determination. This healthcare should not be the individual who was consulted in connection the with initial adverse benefit determination that is the subject of the appeal nor the subordinate of any such individual.

In the Fourth Circuit, which Maryland is in, administrators cannot identify a new reason on appeal to justify why a participant is ineligible for benefits without giving the beneficiary the opportunity to appeal the new reason for the denial. Moreover, prior to terminating benefits, an administrator needs to rely on substantial evidence and consider all symptoms, not just a select few.