Car accidents are already tough and chaotic. However, LGBTQ+ drivers may also experience additional layers of fear and stress in their driving. Common fears may include being misgendered or subjected to an attack or hateful comment about their identity. Below are four rights to remember after you’ve had an accident.
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Protect Your Medical Privacy and Use of Your Chosen Name
When you have been in an accident or have sought medical attention, medical personnel, police officers, and insurance adjusters may ask for personal identification and medical history forms. You have the right to use the name and gender identity of your choice for any non-legal documents, and to identify yourself. HIPAA protects your health and medical data. This includes your name and pronouns. If a medical, law enforcement, or insurance person identifies you by another name, all you have to do is correct them. You may also bring it up with a patient advocate if one has been assigned.
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Note Any Instances Of Bias Or Harassment
Unfortunately discrimination can arise during traffic stops or when filing an accident report. If you experience biased language, are harassed, or are denied service based on your identity, document it as soon as possible.
Write down:
- The names and badge numbers of the responding officers or paramedics
- The time, location, and nature of the encounter
- Any witnesses who can verify what occurred
If possible, audio or video record the experience. It is easier to report bias later when you have proof. In serious instances, the experience may lead to a civil rights complaint.
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Deal with Your Insurers Cautiously
Insurance reps often sound warm and caring, but they are trying to minimize their company’s payout. LGBTQ+ drivers, and more so transgender or nonbinary drivers, have experienced subtle discrimination when insurance reps question medical treatments or emotional distress compensation.
When sharing details about the accident, focus on the facts. Do not disclose anything unconnected to the incident or speculate about fault. Think twice before discussing your name or relationship with the other vehicle operator unless that information is directly relevant to your legal claim.
If you need assistance, consult a qualified car accident attorney such as West Coast Trial Lawyers who has knowledge in the area of personal injury law and the privacy needs of LGBTQ+ clients.
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If the Other Driver Is Uninsured Know Your Options
Being hit by an underinsured or uninsured vehicle may create additional obstacles in recovery. Nonetheless, it may be possible for you to get coverage on your expenses related to medical bills, vehicle damage, and emotional distress from your own policy. If your own insurance company is denying you coverage or delaying your reimbursements, you should meet with an attorney. Find one that specializes in underinsured or uninsured claims.
Endnote
If you are an LGBTQ+ driver, you have legal rights just as other drivers do. After an accident, you deserve dignity and to be treated with respect. Knowing how to hold onto your own identity, document your experience, and get compensated will help you heal physically, financially, and emotionally.
