Video Summary
This video advises individuals on how to handle car accidents in Louisiana, specifically when police fail to arrive at the scene. Attorney Lee Rudin emphasizes the necessity of being proactive by taking comprehensive photos and videos of the scene, the other driver’s documents, and vehicle damage to prevent conflicting stories later. They recommend recording phone calls with insurance companies and the police to preserve evidence, as official recordings, such as 911 tapes, can sometimes disappear. Regarding medical treatment, Attorney Lee Rudin clarifies that while an ER visit isn’t mandatory unless warranted, injured parties must seek professional care (e.g., a primary care physician or an urgent care center) to document their injuries for insurance purposes. Finally, the video stresses the importance of keeping a detailed “mini diary” to record how injuries affect daily activities, such as tying shoes or performing personal hygiene, because these specific details are compelling to juries and insurance companies, and memory fades over time.
Frequently Asked Questions (FAQs)
- What should I do if the police do not show up at the accident scene?
You should document the scene yourself by taking pictures and videos of everything, including the other person, their license plate, driver’s license, registration, insurance, and all vehicle damage. - Why is it important to take my own photos of the accident?
Taking photos prevents the other driver from telling their insurance company a story that differs from the truth, ensuring you aren’t “left holding the bag” due to a lack of evidence. - Who should I call after the accident?
You should call your insurance company, the other driver’s insurance company, and the police to report what happened - Why is it recommended to record phone calls after the accident?
It is recommended because 911 recordings can sometimes disappear or be hard to find if not attached to a police report. Recording the call yourself ensures you have proof of what was said at the time. - Do I have to go to the Emergency Room (ER) after a wreck?
No, you do not have to go to the ER if your injuries do not warrant taking an ambulance or emergency care. Not going to the ER will not automatically ruin your case. - If I am hurt but don’t go to the ER, what should I do?
You must show the insurance company you were hurt by seeking treatment from a provider such as a primary care physician, urgent care, chiropractor, or physical therapist. - What kind of details regarding my pain should I document?
You should document where on your body you are hurt, the level of pain, and how the pain is affecting your daily life. - Why is documenting the impact on “daily living” activities important?
It is essential because specific struggles, such as needing help with personal hygiene or being unable to tie one’s shoes, are compelling to insurance companies and juries who can relate to how humiliating or difficult those situations would be. - How should I keep track of how my injuries affect my life?
Attorney Lee Rudin suggests opening an email on your phone to date and write notes about what happened and what you couldn’t do, effectively creating a “mini diary”. - Why is it necessary to write these details down rather than just remembering them?
Minds forget things over time. Writing down details helps you accurately recall specific limitations (such as not being able to pick up a child or go to the gym) later, during litigation, or when speaking to a doctor.
Transcription of the Video
What should you do after a car accident in Louisiana if the police never show up? We live in a wild world where you can get into a wreck, report it, and wait hours for someone to show up and actually do what they’re supposed to: document the scene, take statements from people, and write up a report. I was in my own wreck, in the middle of the night, and waited four hours; cops never showed. What did I do? What should you do? Take pictures of everything you see. Take videos if you can. That includes the other person, their license plate, their driver’s license, registration, insurance, all damage, all sides of the vehicle, ‘cuz the last thing you want is not to have photos. The other person tells their insurance company something different than the truth, and you’re left holding the bag because you didn’t do what you should. So document, document, document everything you can. If you’re in a state where you can record, I would hit record on your phone, call the insurance company, and report what happened.
I would call yours, I would call theirs, I would call the police, I would report what happened. Um, again, record it for yourself so you have it. Although a 911 recording should be recorded, sometimes things disappear, not for bad reasons, but they do, and it’s tough to find that 911 report if it’s not attached to a police report. The best thing you can do is record the call and say, “Hey, we documented it. This is what we said right at the time.” So later on when some stories change, you could say, “No, my story’s been the same. This is what we said on the scene. This is what your driver said when we spoke with them. What are you going to do now?” And again, you can’t rewrite history, you can’t go back and get evidence that has disappeared, so the best thing you can do is be proactive from the start and collect all the evidence you can.
Now, when it comes to how to address your medical treatment after a wreck, you don’t have to go to the ER just ‘cuz you were in an accident. If you’re not hurt, you don’t have to go to the emergency room or take an ambulance, but you should if you are. It doesn’t mean that your case is going to be torpedoed. But if you are hurt, you can’t just say “I’m hurt.” You have to show the insurance company that you were hurt and that you took steps to address it. Again, it could be going to your primary care physician, it could be going to an emergency room, it could be going to an urgent care, it could be going to a chiropractor, a physical therapist, somebody who is going to receive all of your pain complaints: both where on your body is hurt, uh, what levels is hurt, how it’s affecting your daily life.
You know, one of the things that’s most compelling, and what I tell my clients to do, is make a list of all the things that you usually would do in your life that are affected by the injuries. You don’t realize that your back hurts; bending down to tie your shoes might be a problem, sleeping, getting out of bed, going to the bathroom, getting off the toilet, all those things that we take for granted might be an issue. Hurt your shoulder? Maybe you can’t get your toothbrush high enough to brush your teeth. Somebody has to help you. Someone has to help you wipe your butt. I mean it, you would be surprised, but some of these things are absolutely humiliating to have to ask your spouse to do certain things that you would typically do, you know, in the privacy of a restroom. That is compelling to an insurance company, but especially to an everyday person sitting on your jury because they’re going to say, “Wow, how would I feel if I got hurt and I had to ask my wife to come help me on the toilet?” You know, in sickness and in health, but that’s not what I envisioned, uh, when I took those vows. So it’s crucial to document how your daily activities are affected.
And you know, I’ll tell folks: just open up an email on your phone, put the date, and add a couple of notes on what happened, because our minds are wonderful things, but we forget things over time. You’re not going to ignore it if you write it down. And if you write it down as a habit, it’s like creating a mini diary for yourself. And so when the time comes for you to report these things, whether it’s to a doctor or because you’re in litigation and a lawyer’s asking you questions under oath, you have a way to go back and say, “You know, in the first two weeks after the accident, I couldn’t tie my shoes. In the first month, I couldn’t uh pick up my kid, couldn’t pick up my grandkid, couldn’t go to the gym” all things that people take for granted and they love in their life that maybe you couldn’t do. But you’ve got to document it for yourself and for your case.
