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An Almost Real Case: How to Handle an Accident
While this is not a specific “real” case, it is an example of some situations we’ve seen happen over recent months.
The Almost Situation
Imagine you’re involved in an accident. And it looks like another person suffered damages or injuries because of what happened. You quickly report it to your manager—as you should! The manager passes the information on to your agency’s risk coordinator, who sends a report to Risk Management Division (RMD). A few days later a friendly attorney calls you at home to ask “just a few quick questions” about the accident. He says he needs to finish up a report and your answers will help. The questions seem pretty basic and straightforward, so you answer them as best as you can. Later on you’re at your desk feeling terrible about the accident. So you write out a quick note expressing your regret to the citizen for what happened. You take the note with a gift to the citizen’s home. The citizen is very appreciative of your gesture and you begin to feel better. The next week you receive some medical bills from a doctor’s office for treatment given to the citizen. This is all very confusing to you. So you set the bills aside and figure the doctor’s office has it all wrong and is billing the wrong party.
What’s Wrong…
…with this picture? First, everyone feels bad if they’re in an accident. And it certainly helps to talk it over with someone - even if it’s just to figure out why or what happened. We suggest you talk things over with your manager, with RMD, or with a Department of Justice (DOJ) attorney. You should never talk directly with a citizen, who will likely someday turn into a claimant. When people are under stress they usually hear what they want to hear at the time. Or if it’s you and you’re under stress or feeling bad about what happened, you might say something that you don’t intend to say. You don’t want a claimant misquoting you later or saying you admitted you were at fault. Also, never talk with a claimant if they have an attorney. For that matter, you shouldn’t talk to an attorney either, even if they’re “friendly”. We suggest you let the lawyers talk to each other.
Secondly, send everything that deals with an accident or a claim to RMD. By law only RMD can investigate and settle a tort claim. Don’t take it upon yourself to “make things better.” You could make things worse, even if you have good intentions. If you get something in the mail, even if by mistake, send it directly to RMD. If a lawsuit is filed, you need to send everything to the DOJ Trial Division.
Lastly, if an accident happens or you get involved in a “situation”, don’t isolate yourself or think that you can “make it go away”. Your manager is there to help you. We can give you claims advice. The DOJ can give you legal advice. All you need to do is ask!
Summer 99, Vol 12, No 4
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