| Compiled
by Kenneth Vercammen, Esq. from various sources
1. Stop . . . do not leave the scene of the accident. CALL THE
POLICE, tell them where the accident occurred and ask for medical
help if needed.
2. Get names, addresses, and license numbers of all drivers involved.
3. Get description and registration number and insurance information
of all cars involved. License Plate Number __ Registration # __
Make __ Year __ Damage __ Insurance Company __ Insurance Policy
Number __
4. Get names and addresses of all witnesses Witnesses will be a
tremendous help to you in any subsequent court action, if there
is any question of liability involved. Get the names and addresses
of as many witnesses as possible. If they refuse to identify themselves,
jot down the license plate numbers of their automobiles. Do not
discuss the accident with the witnesses. Do not give the witnesses
names to anyone but the police, your attorney or your insurance
company.
5. While waiting for police, write down- Accident Information Date
__ Time __ Location __ No. of vehicles involved __ Weather __ Road
conditions __ Damage __ Speed of the other car __
6. Summary of accident __
7. Diagram of accident
8. Call an ambulance. If you have any reason to suspect you were
injured in the accident, go to a hospital immediately or see a physician
promptly. You'll want it on record that you sought treatment right
away -not in a week or so.
9. Name of Police Officers, Department and Badge Number
10. Do not assign or accept blame for the accident. - The scene
of the accident is not the place to determine fault. Discuss the
accident only with the police, your attorney and with representatives
of your insurance company. Give the other party only your drivers
license number, registration number and insurance information. -
Be cooperative with the police.
11. Seek hospital/ medical attention.
12. Call your insurance company to report the accident.
13. Call a personal injury attorney, not a real estate attorney:
Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732)
572-0500 When you need help the most, we will be ready to help you.
14. Never give a signed statement to the claims adjuster representing
the other driver's insurance company. The same goes for a phone
recording. They may be used against you in court to deny your claim.
Speak with your personal injury attorney first.
IF YOU HAVE BEEN HIT BY A CAR WHILE RIDING YOUR BICYCLE; WHILE
YOUR PERSONAL INJURY CASE IS PENDING:
It is important that you -- 1. DO NOT discuss your case with anyone
except your doctors and attorney. 2. DO NOT make any statements
or give out any information. 3. DO NOT sign any statements, reports,
forms or papers of any kinds. 4. DO NOT appear at police or other
hearings without first consulting with your attorney. INFORM YOUR
ATTORNEY PROMPTLY of any notice, request or summons to appear at
any such hearings. 5. Refer to your attorney, anyone who asks you
to sign anything or to make any statement or report or who seeks
information concerning your case. 6. Direct your doctor and other
treatment providers not to furnish or disclose any information concerning
your case to any entity other than your insurance company without
YOU AND YOUR ATTORNEY'S WRITTEN PERMISSION. 7. You may have insurance
coverages such as liability, collision, accident, Blue Cross, Blue
Shield or Major Medical which require prompt attention. However,
be sure to have your treatment providers send bills immediately
to all of your insurance companies. 8. Notify your attorney promptly
of any new developments. Small things may be important. Keep your
attorney informed. 9. Maintain accurate records of all information
and data pertaining to your case. 10. If you or any witnesses should
move, be sure to notify your attorney of the new address.
Financial Recovery for bicyclists hit by cars and injured
1. Kenneth Vercammen Helps Injured persons A person who is injured
as a result of the negligence of another person is what we in the
legal profession refer to as a personal injury claimant. In other
words, they have been injured as a result of an accident, and you
now wish to prosecute a claim against an opposing party. As the
attorney of record, I will be bringing this action for the injured
person. Therefore, I request that all clients do as much as possible
to cooperate and help in every way. The purpose of this article
is to describe the procedure that we may follow and give you sufficient
instructions to enable you to assist us in this undertaking. Needless
to say, helping us is just another way of helping yourself. If you
have been injured, but not in a car accident, most of this brochure
is still applicable to an accident case, whether it is a fall down,
dog bite or other injury.
2. Clients should provide my office with the following 1. Any bills
2. All Hospital or doctor records in your possession 3. Car Insurance
Declaration Sheet [This determines who pays your medical bills,
even if you were on a bicycle!] 4. Car Insurance Policy 5. Photos
of damage to your bike and property 6. Photos of accident site 7.
Major Med Card 8. Paystub if lost time from work
3. Attorney- Client Confidential Relationship First, I want to
thank our clients for giving me the opportunity to assist them in
their case. I am a legal professional and I have great pride and
confidence in the legal services that I perform for clients during
our relationship as attorney-client. If you have concerns about
your case, please call my office at (732) 572-0500. We feel that
this case is extremely important-not only to you, but to this office
as well. This is not simply a matter of obtaining just compensation
for you, although that is very important. We take professional pride
in guiding our clients carefully through difficult times to a satisfactory
conclusion of their cases.
4. Submission of Bills to Car Insurance and Major Medical You should
submit your medical bills to your own car insurance company first.
Your car insurance is required by New Jersey law to provide PIP
(Personal Injury Protection) benefits under the No Fault Law. This
means your car insurance company, not the careless driver, pay the
majority of medical bills. This is true even if your were riding
you bicycle or being hit by a car as a pedestrian!
A person riding a bicycle is considered a pedestrian for purposes
of our State automobile insurance laws. See N.J.S.A. 39:6A-2(h);
Nuang v. Pennsylvania Nat. Mut. Cas. Ins. Co., 224 N.J. Super. 753,
756 (App. Div. 1988). Thus, plaintiff was eligible for payment for
medical bills through their own car insurance/PIP coverage in two
ways. He was eligible through his mother's automobile insurance
PIP coverage because he was a members of her family residing in
her household who sustained bodily injury as a result of an accident,
while a pedestrian, caused by an automobile. See N.J.S.A. 39:6A-4.
He was also eligible for PIP coverage under defendant's automobile
insurance PIP coverage because he was a pedestrian, who sustained
bodily injury caused by the defendant's automobile. N.J.S.A. 39:6A-4.
As the primary policy, plaintiff's mother's PIP coverage provided
plaintiff's medical expenses. N.J.S.A. 39:6A-4.2.
Please provide insurance information to each doctor, MRI facility
and treatment provider. Please request they submit bills and attending
physician reports to your car insurance company. There is now minimum
deductibles under the PIP Law. There is an initial $250.00 deductible,
and thereafter your car insurance company pays 80% of medical bills
under a medical fee schedule established by the State Dept. of Insurance.
Your primary treating doctor must also follow "Care Path".
Submit portions of bills the car insurance does not pay to your
major medical carrier (ex- Blue Cross, Connecticut General). The
Law Office of Kenneth Vercammen can provide a more detailed brochure
explaining how car insurance works.
5. Diary We want you to keep a diary of your experiences since
your accident. In addition to this daily record, we also ask you
to start describing a single day in the course of your life. In
other words, describe what you do when you get up in the morning,
the first thing you do after you go to work, what type of work and
effort you put into your employment, what activities you engage
in after work, etc. In other words, we need you to describe the
changes in your working life, your playing life, your life as a
husband or wife or child or parent. In your written description
of your day, we would appreciate your explanation in the greatest
detail possible and in your own words how the accident and subsequent
injuries have affected your life, your personality, and your outlook.
And remember that suffering does not entail mere physical pain;
suffering can be emotional and can be transmitted to your family,
friends, and co-workers. When you have completed this description,
please return it to this office in the enclosed envelope. Keep a
diary of all matters concerning this accident-no matter how trivial
you think it may be. You should include notes on the treatments
you receive, therapy, casts, appliances, hospitalization, change
of doctors, change of medication, symptoms, recurrence, setbacks,
disabilities and inconveniences. If you have any doubt about the
propriety of including some particular information, please call
the office and let us assist you.
6. Record expenses You can also begin to set up a system for recording
the expenses incurred in conjunction with your claim in minute detail.
Medical and legal expenses are a strong part of the value of your
lawsuit, so good records of these expenses must be kept at all times.
From time to time, however, there will be expenses incurred that
you must keep track of yourself. We ask you to make every effort
to avoid any possible error or inaccuracy as jurors have a relentless
reverence for the truth. Keep your canceled checks and your list
of expenses together, for we will need them at a later date. Your
attorney will keep track of your legal expenses, which may include
costs of filing, service of process, investigation, reports, depositions,
witness fees, jury fees, etc.
7. Investigation and Filing of Complaint Procedurally, the following
events occur in most personal injury cases. First, your attorney
must complete our investigation and file. This will involve the
collection of information from your physician, your employer, and
our investigator. We will need your Doctors to provide us with copies
of all bills, medical records and possibly a medical report. When
we feel that we have sufficient information to form an opinion as
to the financial extent of your damages, we will commence negotiations
with the opposition for a settlement. If the insurance company will
not make an adequate offer, then a Complaint and Case Information
Statement is prepared by your attorney. It is filed in the Superior
Court, Law Division. Your attorney then will prepare a summons and
have the defendants personally served with the Summons and Complaint.
The defendant, through their insurance company, must file an "Answer"
within 35 days.
8. Interrogatory Questions and Discovery The Answer is followed
by a request for written interrogatories. These are questions that
must be answered by each party. The Superior Court has set up certain
"Form" Interrogatories which are contained in the Rules
of Court. Generally, written interrogatories are followed by the
taking of depositions, which is recorded testimony given under oath
by any person the opposition wishes to question. The deposition
is just as important as the trial itself. In the event you are deposed
during the course of this action, you will receive detailed instructions
as to the procedure and will be requested to watch a videotape.
After taking depositions, the case will be set down for an Arbitration.
If the parties do not settle after the Arbitration, the case will
be given a trial call date. Altogether, these procedures may take
from six months to several years, and your patience may be sorely
tried during this time. However, it has been our experience that
clients who are forewarned have a much higher tolerance level for
the slowly turning wheels of justice.
9. Doctor/ Treatment It will help your case to tell us and your
doctors about any injury or medical problems before or after your
accident. Good cases can be lost by the injured person's concealing
or forgetting an earlier or later injury or medical problem. Insurance
companies keep a record of any and all claims against any insurance
company. The insurance company is sure to find out if you have ever
made a previous claim. Tell your doctors all of your complaints.
The doctor's records can only be as complete as what you have given.
Keep track of all prescriptions and medicines taken accompanied
by the bills. Also save all bottles or containers of medicine. 10.
Bills Retain all bills which relate to your damages, including medical
expenses, hospital expenses, drugs and medicines, therapy, appliances,
and anything needed to assist you in your recovery. If possible,
pay these bills by check or money order, so that a complete record
may be kept. If this is not possible, be certain to obtain a complete
receipt with the bill heading on it, to indicate where the receipt
came from and the party issuing it. 11. Evidence Be certain to keep
anything that comes into your possession which might be used as
evidence in your case, such as shoes, clothing, glasses, photographs,
defective machinery, defective parts, foreign substances which may
have been a factor in your accident, etc. Be sure to let the office
know that you have these items in your possession. 12. Photographs
Take photographs of all motor vehicles, accident site, etc., that
may be connected directly or indirectly with your accident. Again,
be sure to let the office know that you have such photographs.
13. Keep your attorney advised Keep this office advised at all
times with respect to changes in address, important changes in medical
treatment, termination of treatment, termination of employment,
resumption of employment, or any other unusual change in your life.
14. Lost wages Keep a complete record of all lost wages. Obtain
a statement from your company outlining the time you have lost,
the rate of salary you are paid, the hours you work per week, your
average weekly salary, and any losses suffered as a result of this
accident. Where possible, also obtain other types of evidence such
as ledger sheets, copies of time cards, canceled checks, check stubs,
vouchers, pay slips, etc. 15. New information In the event that
any new information concerning the evidence in this case comes to
your attention, report this to the Attorney immediately. This is
particularly true in the case of witnesses who have heretofore been
unavailable.
16. Do not discuss the case The insurance company may telephone
you and record the conversation or send an adjuster (investigator)
who may carry a concealed tape recorder. You should not discuss
your case with anyone.
Obviously, we cannot stress too strongly that you DO NOT discuss
this matter with anyone but your attorney or immediate, trusted
family. You should sign no documents without the consent of this
office. Remember that at all times you may be photographed and investigated
by the opposition. If you follow the simple precautions which we
have set out in your checklist, we feel that we will be able to
obtain a fair and appropriate amount for your injuries. If you get
any letters from anyone in connection with your case, mail or fax
them to your attorney immediately.
17. Questioning If any person approaches you with respect to this
accident without your attorney's permission, make complete notes
regarding the incident. These notes should include the name and
address of the party, a description of the person, and a narrative
description of what was said or done. Under no circumstances should
you answer any question(s). All questions should be referred to
your attorney's office.
18. Investigation by Defendant Insurance Company Permit us to reiterate
at this time that the opposition's insurance company will in all
probability have a team of lawyers and investigators working diligently
to counter your claim. During the course of their investigation,
it is quite possible that they may attempt to contact you through
various (and sometimes, devious) methods. Please do not make their
jobs any easier for them by answering their questions.
We cannot emphasize too strongly that you should refrain at all
times from discussing this matter with anyone--and that includes
your employer, your relatives, your neighbors, and even your friends.
Of course, there are exceptions to this rule.
If there are friends or neighbors or relatives who know all of
the facts and circumstances surrounding the accident and can be
of assistance to you, then they should be referred to this office
so that their natural sympathy can be channeled into an effective
asset for you.
Insurance companies pay money to claimants when they are satisfied
there are both liability and damages that support a recovery. They
can be expected to thoroughly investigate the facts of the accident
and any past injuries or claims. The insurance company will obtain
copies of all of the claimant's past medical records.
19. Surveillance by Insurance Companies Remember at all times that
you may be under surveillance and, therefore, subject to being photographed
or filmed by the adverse party. Be advised that there are cases
where photographs and films have been introduced in court showing
claimants who were allegedly in serious condition participating
in activities which they alleged they were unable to do. You do
not have to live in fear of being photographed, of course, if your
cause is a just one.
However, when carrying on your usual activities, keep in mind
at all times that you are subject to investigation. If you have
been seriously injured, do not do anything that will jeopardize
your case during the course of your daily life. You should always
follow your doctor's advice. If you have to do things which cause
you pain, this can usually be explained to the full satisfaction
of any court or jury.
There are cases where the insurance agent has attempted to discredit
a personal injury plaintiff by taking movies of the claimant engaged
in various physical activities. In one case, large rocks weighing
over one hundred pounds were placed at the door of the garage during
the night so that claimant would have to be forced to remove the
rocks in order to drive to work. This, of course, was filmed and
used to discredit the plaintiff's claim in court. 20. The value
of a case depends on the Permanent Injury, medical treatment and
doctor's reports Undoubtedly, you have questions as to how much
your case is worth. We are going to be frank: The fact of the matter
is there can be no answer to this question until we have completed
the investigation in your case. Once we complete our investigation,
of course, we can make a determination as to the amount of the defendant's
liability, if any, and even at that we will only be at a starting
point. After that, we must obtain all necessary information concerning
your lost wages, your disability, your partial disability, your
life changes, and your prognosis. You may rest assured of one thing,
however, and that is the fact that your case will not be settled
below its true value, that is the fair compensation for the injuries
you have received. You may also rest assured that no settlement
agreement will be entered into without your consent.
Conclusion We appreciate that this is a great deal of information
to absorb. We also appreciate that our requests for client's assistance
have been numerous. However, we are certain that our clients appreciate
having this information from the outset. Each request and bit of
information given here represents an important part in recovering
full value for your injury. Therefore, we respectfully request your
full cooperation. If you have questions or concerns regarding these
instructions, we encourage you to feel free to contact the office
at any time.
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an appointment
About Kenneth Vercammen:
Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately
17 miles north of Princeton. He often lectures for the New Jersey
State Bar Association on personal injury, criminal / municipal court
law and drunk driving. He has published 125 articles in national
and New Jersey publications on municipal court and litigation topics.
He has served as a Special Acting Prosecutor in seven different
cities and towns in New Jersey and also successfully defended hundreds
of individuals facing Municipal Court and Criminal Court charges.
In his private practice, he has devoted a substantial portion of
his professional time to the preparation and trial of litigated
matters. He has appeared in Courts throughout New Jersey several
times each week on many personal injury matters, Municipal Court
trials, matrimonial hearings and contested administrative law hearings.
Since 1985, his primary concentration has been on litigation matters.
Mr. Vercammen gained other legal experiences as the Confidential
Law Clerk to the Court of Appeals of Maryland (Supreme Court), with
the Delaware County, PA District Attorney Office handling Probable
Cause Hearings, Middlesex County Probation Dept as a Probation Officer,
and an Executive Assistant to Scranton District Magistrate, Thomas
Hart, in Scranton, PA.
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