Car Accident FAQ

I was in a car accident. What should I do?
If you have been involved in a car accident you should first remain calm, then call for help. If no one is injured, your first call should be to the police. Although it is best to remove the crashed vehicles out of traffic, wait for the police to advise you. The police will also take statements from the drivers and passengers involved.

Other important things to do:

• File an accident report with your insurance company. Also, you should notify the other driver’s insurer of the accident.
• Take notes.Get the names, addresses and phone numbers of everyone at the scene, especially witnesses.
• Be careful what you say. Don’t make any remarks or statements about who is at fault. If an insurance adjuster shows up at the scene, do not give any statements and do not sign anything.
• Call an attorney. It is essential that you get someone to represent you right away. If you’ve been injured, you will want a skilled accident attorney to make sure you receive a fair settlement from the insurance company. Also, proving to another driver’s insurer that its policyholder caused the accident might require the services of an attorney.
• See your doctor. You may have injuries of which you’re unaware. If you are examined by a doctor, make sure you are specific in explaining how the accident happened and any and all injuries and problems you sustained as a result.

If I’m injured or my car is damaged in an automobile accident, who pays?
It depends on who is at fault. If you are to blame for an automobile accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy’s limits. If you are not at fault, the other driver’s liability insurance pays for your car damage and personal injuries.

What do I do when the other driver’s insurance company calls me?
Say nothing. Be polite, but do not answer and questions or make any statements. You should not take any settlements offered by an insurance company without first speaking with an experienced auto accident lawyer. Claims adjusters are professional negotiators that work for the insurance company — not for you. Their job is to protect the interests of their employer. The attorney you select will be the only one protecting yours.

I don’t feel hurt. Should I see a doctor?
Yes. Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance.

I didn’t feel hurt at first, but now I have some aches and pains. What should I do?
You should immediately consult your medical provider regarding any pain, discomfort or possible injuries from a car accident, even if you think they may be only minor injuries.

What issues will I face in making a claim for my injuries sustained in an auto accident?
A claim for injuries is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The three categories of issues that typically arise in a tort claim after an automobile accident are:

1. Liability – who is at fault and to what degree.
2. Damages – injuries or losses that were caused by the accident.
3. Insurance Coverage – what the insurance company will pay for after an accident.

My car was totaled in the accident. Who pays for this?
It depends on who is at fault. If you are to blame for an automobile accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy’s limits. If you are not at fault, the other driver’s liability insurance pays for your car damage and personal injuries.

I think the accident was my fault. What do I do?
If you rear-ended another car, it’s a safe bet that you will be considered at fault. The law states that you must maintain assured clear distance from the car in front of you so that you can stop safely. There are exceptions, especially if the other driver makes a sudden and unexpected stop, or if you are involved in a chain-reaction collision. Keep in mind that a car accident is not always solely one person’s fault.

Do I have to go to court to get a fair settlement?
Most car accident claims are settled out of court. If another driver’s insurance company agrees to pay what your attorney believes your case is worth, and you wish to settle for that amount, then your case will not go to court. However, if an agreement cannot be reached, your attorney should be poised to fight your case in court.
Hiring a law firm with experience in handling personal injury cases is critical to your success.