Auto Accident Phone Apps Not a Substitute for Sound Legal Advice

As a paralegal working for a law firm that handles personal injury cases, I keep my eye out for legal tools that can help our clients. Recently, I’ve noticed the proliferation of “crash apps” that can be downloaded to your  iPhone, iPad, iPod touch or Android phone and immediately accessed in the event of a car accident. These crash apps are being offered by most major auto insurance companies as well as some personal injury attorneys. I am of an age that I approach new technology with this question in mind: will it make my life easier or harder? If you are like me, you might be asking,

“Would having an auto accident app be useful to me?”

Auto accident or “crash apps” specifically address what to do if you’ve been in an auto accident. A popular example is the iWrecked app. While these apps will vary in design depending on who is offering them, they all will list steps to take after an accident to help you gather information. They will allow you to request a tow, record photos of the accident scene, prompt you to document witnesses’ contact information, store vehicle information, insurance policy numbers, and contact your insurance agent to report the accident.

 BENEFITS

Auto apps are being offered by most auto insurers, such as State Farm, Allstate, Geico, Progressive and AAA, but increasingly these apps are also being offered by personal injury attorneys. The information sought and provided by insurance apps differs slightly from that of the personal injury attorney. While both types will assist you in recording accident details, lawyer apps will list your legal rights and steps to take to protect those rights. There will usually be an icon to contact your attorney and a step-by-step tutorial on completing auto insurance claims and documenting injuries.

The ultimate goal of the auto insurer in providing these apps is to assist the insured in completing accurate accident claims, but it is also cost containment for the company. The goal of personal injury attorneys is to assist the potential client in gathering necessary evidence to protect their legal rights.

DRAWBACKS

So accident apps do have the potential to make life easier during an auto accident, but there are also drawbacks. The user must be aware that just as sharing information on the internet can result in unwanted parties collecting your data, this can also be the result of sharing information through your phone app. Most accident apps allow you to file accident claims through your mobile device. Always find out if advertisers or other agencies are collecting data from the app and, if so, how it will be used.

Additionally, a phone app is only useful if you can use it. A friend of mine was involved in a car accident in which her phone flew to the floor of her vehicle in a place where car damage made it irretrievable at the accident scene. If she had meant to rely on a phone app to help her after the accident, she would have been out of luck. Some apps allow you to locate the scene of the accident using the phone’s GPS tracking system. However, if your phone isn’t receiving a signal, you’ll have to collect the information the old fashioned way.

Furthermore, during my research on the topic, one app user commented that he had inserted insurance and contact information for the other driver involved in the accident but did not properly save it and all the data was deleted from his phone. Make sure you know exactly how to use the phone app and most importantly how to save and send information before you rely on it to save important information.

Jay Tentinger, the attorney I work for, would tell you that having some basic knowledge of what to do and what your rights are in the event of an accident is necessary whether you have an accident phone app or not. Here is what he would advise.

Steps to follow BEFORE you ever have an auto accident:

1.         Print this article and keep it in your car. Use it as a checklist.

2.         Keep your insurance card handy.

3.         Jot down the number for one or two preferred tow companies if you aren’t a AAA member. Program them in your cell and/or keep them in your wallet.

4.         Jot down the number for one or two preferred personal injury attorneys. Program them in your cell and/or keep them in your wallet. Jay Tentinger’s number is 651-287-9815.

5.         Store a disposable camera in your car. Cell phones don’t always take the best photos and it’s a good backup.

 Steps to follow AFTER you are involved in an auto accident:

1.         Call 911 even if no one is hurt. This seems simple, but people don’t always call the police. Sometimes they think if they don’t see the other party injured or see damage to the car, then they can skip the police. However, sometimes injuries can take a day or two to present symptoms. Furthermore, it becomes hard to prove the details of what occurred if there is no police report. Do not leave the scene of the accident before police arrive.

2.         If you have your phone accessible and it is capable, take photos/video footage of accident scene, voice record conversations of witnesses or involved parties. Otherwise, use the disposable camera you keep in your car.

3.         Document the exact intersection/roads where the accident occurred. Document the existence of traffic signs, street lights, position of turn arrows, weather and road conditions, time of day, obstructions, construction, witnesses, number of vehicles, speed limit on roads, speeds of all vehicles involved.

4.         Collect contact and insurance information for all parties involved in the accident, types of vehicles, damage done to each vehicle, draw a diagram of where each car was situated at time of accident. Gather names and contact information for all witnesses.

5.         Collect a business card from responding officers and emergency crew. If they don’t have a business card, get their names or badge number.

6.         Cooperate with police but consult a personal injury attorney before accepting responsibility for the accident. Tentinger Law Firm phone: 651-287-9815.

Continuing steps to follow after an accident has occurred:

1.         Obtain a copy of the police report regarding your accident.

2.         Note any work lost as a result of the accident either from feeling too poorly or from seeking medical attention.

3.         Keep receipts for any medical bills, prescriptions, or other costs related to the motor vehicle accident.

4.         Document how your injuries affect your day-to-day functioning, any physical restrictions that result, and the progress of your recovery.

5.         Never give statements to an auto insurance claims adjuster or sign any releases without first consulting an attorney. Tentinger Law Firm phone: 651-287-9815.

Remember that filing an accident claim with your phone app does not take the place of filing an accident report with police nor does it substitute for good legal advice from an attorney.

Jay A. Tentinger

1380 Corporate Center Curve, Suite 318

Eagan, MN 55121

Phone:  651-287-9815  Fax: 651-287-9816

http://www.tentingerlawfirm.com/