If I am injured in a traffic accident, what do I need to do?
First you should get medical attention. Next you should get a copy of the police report. You should also contact your motor vehicle insurer.
What if I was in a vehicle that I didn't own?
You need to know the name of the insurer of the vehicle you were in. But if you own an insured vehicle, your insurer might also need to get involved.
Which insurance do I collect from?
The rule on medical payments is that first you collect under the insurance of the vehicle you were in. Next you collect under your own vehicle insurance. Next you collect under any medical insurance you have.
What if someone else was at fault in causing the accident?
This does not change the order of payments for medical bills. However, it means you can make a liability claim against the person at fault and that persons insurance company. A liability claim includes any wages you lose because of the accident, as well as pain and suffering.
Do I need a lawyer?
Every case is different, but you won't lose anything by talking to a lawyer.
How much will a lawyer charge me?
Many lawyers will talk to you for free if you are just going over the accident in general. If you then need to hire a lawyer, you can pay an hourly rate or hire an attorney for a percentage of what you get. The usual percentage rate is one third of anything obtained from the insurance company.
Do I need a lawyer for property damage?
Again, every case is different. But most property damage claims do not involve an attorney because the losses are fairly clear cut.
How much can I get for pain and suffering?
Depends on how much you have. There is no formula for this, but insurance companies generally look at medical records and also at documented lost wages to get an idea of what is wrong with you and what it is worth.
Will I have to go to court?
Most cases settle out of court. But you need a lawyer who can go to court for you if necessary.
Will my rates go up if my own insurance is involved?
Not necessarily. If you were not at fault then this is in your favor. If the party at fault does not have enough insurance to cover your losses, then your own insurance may be needed and this is why you pay your premiums.
What if I was a pedestrian?
If you own an insured vehicle or live with someone with an insured vehicle, that insurance may still apply. The other side's insurance wants to settle with me now.
Should I take the money?
Only if you are happy with the offer and have absolutely no expectation of getting any more money in the future, no matter how your injuries turn out.
Can I be at fault in the accident and still collect?
This depends on the exact circumstances. If you are less to blame for the accident than the other side, then the other side's insurance should pay you minus the percentage you are to blame. But these things are often highly debatable.
Can any lawyer handle my claim?
It is better for you to have a lawyer with some experience in this field. Also, the laws in each State are different and are always changing.
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ANSWERS ABOUT AUTO ACCIDENTS