FREQUENTLY ASKED QUESTIONS ABOUT AUTO ACCIDENTS
- What do I do if I am involved in an accident?
- What if I am injured in the accident?
- Do I contact my insurance company before I call a lawyer?
- What if I am contacted by the other driver's insurance company?
- Who is responsible for paying my medical bills?
- Should I document the damage to my vehicle?
- Will the other driver's insurance pay to fix my vehicle?
- Should I give the other insurance company a statement?
- Do I give my own insurance company a statement?
- What if the other driver had no insurance?
- What if I had no auto insurance for the accident?
- If I have been injured, do I need a lawyer?
- When should I contact a lawyer?
- How much will I get for my injuries?
- How long do I have to file suit for my injuries and damage?
- Stop your vehicle, no matter how minor the accident. Leaving the scene may be a crime.
- If you are injured, do not try to get out of the vehicle unless it is safe, or necessary, such as if the car is smoking or on fire. You may be seriously injured, but not yet realize it. If you are able, assist any injured persons.
- Call for an ambulance, if needed.
- Call the police and wait for them to arrive. Do not move the vehicles until the police view the scene unless it is safe to do so. In some accident situations, if there are no serious injuries and minor vehicle damage, the police may not come to the scene. In that case ask the other driver for their license information, address, telephone number, insurance company and policy number.
- Get the names, addresses and telephone numbers of any witnesses. If at all possible, take pictures of the accident scene.
- Never tell anyone at the scene that the accident was your fault. Anything you say can be used against you later.
Seek immediate medical treatment. In most cases, you will be under the stress of the accident, or in a state of shock, and won't realize the extent of your injuries. If your injuries are apparent and serious, don't hesitate to be taken to a hospital by ambulance. If you have any indication that you are injured, seek medical treatment as soon as possible. When you see your doctor, tell them about all your injuries, no matter how minor. If possible, photograph any injuries to your body.
Do I contact my insurance company before I call a lawyer?
You should contact your attorney first. Then, you should notify your own insurance company about the accident. Your policy will require you to cooperate with your insurance company. Do not give your insurance company a statement without first consulting your attorney.
What if I am contacted by the other driver's insurance company?
Do not give any information to the other driver's insurance company. Their adjuster and investigators will try to convince you it is necessary. They will try to convince you they care about you and want to be your friend. However, they represent their driver, and not you. Their job is to see that you get as little money as possible for your claim. If they are pushy, refer them to your attorney.
Who is responsible for paying my medical bills?
You should consult with your attorney to determine who is responsible for payment of your medical bills. If you use your insurance, you may need to pay them back when you recover for your injuries.
Should I document the damage to my vehicle?
Do not make any repairs, no matter how minor, until you have documented the damage. Photograph the damage to your vehicle from all angles. Provide your attorney with the photographs. Usually, your insurance company will make arrangements to have the damage estimated to your vehicle, if you had insurance to cover the repairs. If not, go to a reputable body shop and get an estimate of the repair costs.
Will the other driver's insurance pay to fix my vehicle?
Probably not. Your own insurance carrier usually repairs your vehicle, or pays you its' value, then seeks reimbursement from the other driver if you were not at fault. This may still require you pay a deductible. Before you repair your vehicle, contact your attorney.
Should I give the other insurance company a statement?
Never, without consulting an attorney first. It is common the adjuster to call you within a few days of your accident to start to process of settling your claim. However, they may want a recorded or written statement. Then, once they have the recorded or written statement, they might try to use it against you. For example, if you were rear-ended and suffered a severe whiplash to your neck, you may not notice yet that your lower back also hurts. It is not uncommon for other, less severe, injuries to start hurting several days or weeks after the accident. Sometimes the less painfulinjuries may take longer to heal than the more painful and apparent injuries. Later, when you try to settle your claim, the adjustor will remind you that you never said anything about some of your less severe injuries in your recorded statement, and imply that you have made up a "new" injury.
Do I give my own insurance company a statement?
In most cases, yes. You have a written "contract" with your insurance company, in the form of your "policy", which generally requires that you fully cooperate with your insurance company. However, a few instances may arise where you should consult an attorney, if possible, before giving your insurance company a statement. This problem may arise in cases where the other driver has no insurance and you have "Uninsured Motorists" coverage (UM). Even if the other driver has insurance, it may not fully cover your claim, such as when the driver had minimum policy limits of $15,000 and you have severe injuries. If you have UM coverage and your claim exceeds the amount of the other drivers insurance, then you will eventually need to make a claim against your own insurance company for your UM benefits. You should always contact an attorney for advice in this situation.
What if the other driver had no insurance?
In this case, it is critical to talk with a lawyer if you have been injured. If you have "Uninsured Motorists" (UM) coverage on your policy, then your own insurance company steps into the shoes of the other driver and is possibly liable for your injuries. This creates a potential conflict for you and your insurance company. You may have two different adjustors, one adjustor for your insurance company's obligations under medical or collision portion of the policy, and another adjuster for the insurance company's obligations under the UM portion of the policy. In these cases, it can be very confusing, and there are many pitfalls. Further, the policy requires that if you and the UM adjuster can't agree to a settlement, then you have to "Arbitrate" the claim. This is very similar to a lawsuit, but in a forum that most people have never seen. For this reason, we recommend that you always be represented by an attorney in UM cases.
What if I had no automobile liability insurance for the accident?
You should immediately contact an attorney. California law requires that you have insurance if you are the driver. If you are not the owner of the vehicle, in most cases you will be covered under the owner's policy if you were driving the car with their permission, unless you are excluded from the policy. If you are not covered by insurance, then you may not be able to recover for your injuries, even if the other driver was at fault. There are some exceptions however, such as accidents involving drunk drivers. But, you should speak to an attorney for advice.
If I have been injured, do I need a lawyer?
It is rare to find an insurance company willing to hand you money. The reason is simple. The more you get, the less profit they make. As a general rule, an attorney will usually get more money for you than you can get on your own. If you are represented by a known and competent attorney, the insurance company knows if they don't give you a fair settlement, then you will sue. Once you file suit, the insurance company will not only have to pay for your injuries, but they will also have to hire a lawyer to defend the other driver. This will cost them a lot of money. So, they tend to treat you better when you are represented by an attorney.
When should I contact a lawyer?
Immediately after you have had an accident. Your attorney will be able to advise you on the best way to handle your case, as well advise you during the course of your medical or chiropractic treatment if you are injured. For example, many accident victims have no idea where to get treatment for an injury and instead seek chiropractic care, rather than medical care. Generally, chiropractic care should only be obtained when your medical doctor has ruled out physical injuries that may need to be treated with surgery or medication. Once your medical doctor advises chiropractic, or determines that medical treatment will not resolve your injuries, then you may need to seek a chiropractor. However, some Chiropractors will request a "lien" from you or an agreement that you will personally pay their bill, then may "over treat" an injury or use needless procedures. This arises most frequently in the case of chiropractic care for minor injuries. The Chiropractor may only be concerned with providing the best treatment for you, at any cost, but have no understanding of the law or prospects for winning your case in court. Ultimately, the expenses of medical or chiropractic care will be reviewed by the insurance company's evaluators. If you have been over treated or had needless expense, the insurance company may not offer enough money to cover the costs in your settlement and you may be faced with paying your own medical or chiropractic bills.
How much will I get for my injuries?
A competent attorney will never tell you what you will get for your injuries when you first discuss your case with them. Some attorneys will paint a "pie in the sky" just to get your case, only to disappoint you later. At our office, we fully evaluate your case before we make any recommendation as to settlement amount. The amount you will get will vary greatly depending on a variety of factors, such as:
- The percentage of your fault in the accident. In many cases, both drivers share some blame and the liability will be apportioned.
- Whether the other driver's liability is disputed. It is usually not disputed if, for example, you were rear-ended or the other driver was intoxicated.
- Whether any citations were issued. If the other driver violated any laws, then "strict liability" may be imposed.
- How much medical treatment you required. If your injuries were severe, then you may be entitled to extra money for "pain and suffering".
- Whether the medical treatment was necessary. In many cases, "chiropractic treatment" is considered unnecessary and can even prolong recovery. In other cases, chiropractic care is the best treatment.
- Whether there are "objective" injuries. These are obvious injuries, observed by others, such as cuts, broken bones, bruises, etc.
- Whether the only evidence of injury is "subjective". These are injuries that are only known to you, such as "soft tissue" injury which doesn't show on x-rays, aches & pains, etc. These injuries are harder to prove and the proof may depend solely on your credibility.
- Whether you have been in other accidents. If you have had other accidents with soft tissue injuries, the insurance company may think you are exaggerating your injuries.
- Whether you have had the same injuries before. Such "pre-existing" conditions may affect your recovery. The insurance company will argue that this accident wasn't the cause of your injury.
- How long before you sought medical treatment. For example, if you went directly to the hospital in an ambulance, your injuries are more credible, than if you had waited a month before noticing that your neck hurt.
- What kind of treatment you first sought. If you were treated within a few hours at a hospital or doctor's office, your injuries are more credible than if you went immediately to a Chiropractor.
The "Statute of Limitations" for bringing suit will vary depending upon the circumstances. Unless you bring a lawsuit within the proper time, you are barred from doing so. It is critical to contact an attorney for proper advice. In some cases, it may be one year, but in other cases it may be much shorter. For example, if a "public entity" such as a government agency is liable, you may need to file a "tort claim" with the public entity within a few months, or you are barred from suing the public entity. Sometimes, you may not even think about the government being liable. For example, maybe your accident was caused by a defective road condition. These are all reasons to contact an attorney for advice if you are in an accident.
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