We talked last week a little bit about making the call to the adverse insurance company and what you should say and maybe what you shouldn’t say. A client of mine brought it up to me last week when we were getting ready for a deposition. He was in a bad accident and called the defendant’s insurance company right away. He was still shaken, he was still feeling the adrenaline rush, and when he got through reporting all the details, the lady asked him if he was injured and he said, "I don’t think so."
He asked me, "Is that going to have an effect on my case?" Because two days later, he woke up and he couldn’t move his neck, and had a typical whiplash, which usually comes on in a couple of days. He was concerned and he wanted to know if that would make a big impact in the case.
That kind of situation is a little less damaging because it’s pretty well known that right after the accident you’re probably buzzing, you’ve got that adrenaline rush and you may not feel some pain, number one, and number two, whiplash typically does come on in a day or so, so it’s not unusual to be feeling ok the day of the accident but begin feeling the effects a few days later. That does not create as bad a situation as when someone actually gives a statement as to how an accident happened, stating facts – because you can’t turn those around, can’t change facts. The fact that you are okay at the time of the accident, but you’re not okay two or three days later is not terrible. We deal with that all the time.