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Car Accident FAQ

"The information provided is for general educational purposes only and is not intended to be legal advice. I am only licensed to practice law in California, Nevada and Colorado and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual or legal set of circumstances, or in the jurisdiction applicable to you. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.

Being involved in a car accident can leave you feeling dazed and disoriented. It can be challenging to know just how to proceed, both in the immediate aftermath of the accident and in the days and weeks that follow. What are your legal rights and liabilities? How can you safeguard both your physical and financial health? What are the best ways to have your insurance claim processed while still focusing on making a full recovery?

To help address some of these questions, we've compiled this car accident FAQ page. We hope this is a valuable resource to you; if you have a question that isnít addressed here, please reach out to us directly. Our car accident lawyers are available around the clock and are always happy to help.

Frequently Asked Questions for Our Car Accident Lawyers

What should I do at the scene of the accident?

Our car accident lawyers offer these tips for the scene of the accident:

Should I seek medical attention following a car accident?

Sometimes, your need for medical attention will be obvious. In other instances, you may walk away from the accident with just minor scrapes and bruises. Even if you donít think you need medical attention, however, our car accident lawyers recommend always getting an evaluation. Head to the emergency room, an urgent care facility, or your general care provider. Do so ASAP!

There are a couple of reasons for this. One, some of the most common car accident injuries donít manifest until days after the accident, but a doctor will be able to identify warning signs and offer preventative care. Additionally, itís important to show the insurance company that you made every effort to minimize your injuries and curb your medical expenses.

The other driver was found to be at fault. Does that mean I can claim legal compensation?

Generally speaking, if you are involved in an auto accident that was the fault of another driver, you may be entitled to reimbursement for your medical bills associated with the treatment of your injuries, costs of future medical treatment, lost wages, pain and suffering, property damage, and rental charges. You may also recover other costs directly attributable to the accident such as towing and storage.

What if the at-fault driver is uninsured?

Accidents with uninsured drivers are always complicated. In some cases, the driver may be covered by another partyís insurance. For example, if they were driving a vehicle for work-related reasons, you may be able to file a claim through their employerís insurance carrier. This is definitely the kind of case youíll want to address with a seasoned car accident lawyer.

What if the at-fault driver is insured, but their coverage is not sufficient for all the damages?

If the at-fault driver does not have insurance coverage to the extent of your damages, you may be able to recover under your own insurance policy, assuming it provides you with ďunderinsured motorist coverage.Ē We recommend having an attorney review your insurance policy to determine whether or not this coverage is available to you.

Additionally, if personal injury protection coverage is included in your auto insurance coverage, you may be entitled to reimbursement under your own policy. Be warned that settling with the negligent driver's insurance company may affect your insurance company's responsibility; always confer with a car accident lawyer before accepting a settlement!

Should I give a statement to my insurance company? What about to the at-fault driverís insurance company?

Insurance companies may try to trap you into making statements that will later be used against you. As such, we would recommend always consulting with your lawyer before making any kind of statement.

The insurance company sent me a check. Should I cash or deposit it?

Don't do anything with it until you talk to your car accident lawyer! When an insurance carrier sends you a check, it usually constitutes a final settlementÖ meaning, if you accept it, you can no longer take any additional legal action or seek further compensation. However, the check they send you may not be the full amount to which youíre entitled. Always talk with your lawyer before accepting money from an insurance company.

I wasnít wearing a seatbelt at the time of the accident. Does that mean I cannot claim any damages?

Not necessarily. While failure to wear a seatbelt may reduce the damages you can claim, you may still be able to seek some kind of compensation. Talk to your lawyer for additional details about the specifics of your case.

Should I allow my medical records to be sent to the insurance company?

No! This information will often be used against you, weakening your case. Donít agree to have any medical records shared until you consult with your car accident lawyer.

If I file a personal injury lawsuit, does that mean I will have to go to court?

That's always a possibility, and itís something to be aware of. With that said, it is also possible to settle out of court; in fact, this is what happens in the majority of cases.

What happens if I believe the accident was partially or entirely my own fault?

First of all, you may not be in the best position to make that assessment since being in an accident can leave you feeling a little disoriented. There may also be details about the other driverís condition that youíre unaware of. But even if you do truly believe youíre the at-fault party, donít admit fault or apologize, not to the other driver and not to the police. If indeed you were to blame for the accident, leave that for the police to determine.

My memory of the accident conflicts with what I told the police. Can I still win my case?

It is extremely common for drivers to misspeak or to misrepresent themselves at the scene of the accident, or to remember things differently in hindsight. You can still win your case, but it will be vital to speak with a team of car accident lawyers about how to proceed.

The airbags in my vehicle never deployed. Does that mean I can take legal action against the vehicle manufacturer?

Sometimes. Youíll want to alert your lawyer, who will enlist an engineer to assess the airbags and determine why they didnít deploy.

Do I really need a lawyer? Wonít my car accident insurance cover all my needs?

While we definitely recommend having an auto insurance policy, itís crucial to remember that the insurance company exists to serve its own bottom lineÖ not necessarily to help you. It is extremely common for insurance companies to look for ways to underpay your claim, to delay it, or to reject it altogether. To ensure youíre getting the maximum monetary compensation, and to allow yourself the time and space needed to focus on recovery, we recommend meeting with skilled car accident lawyers.

More Car Accident Questions?

We hope this car accident FAQ has been an asset. Again, if you have questions not covered here, we are always available to assist. I Accident Lawyer is a leading personal injury firm, focused solely on helping those who have been injured in accidents. We always fight for the maximum monetary compensation, and we donít bill you until we win your case! To learn more, reach out to our car accident lawyers directly.

 


The Accident Attorneys’ Group wants to hear from you so we can get Maximum Results for your Personal Injury Case! With millions of dollars collected for our clients and over 20 years of experience hire an Accident Lawyer that knows what it takes to put the insurance companies on the run. We currently have an Accident Attorney ready to meet you anywhere in California including: Bakersfield, Fresno, Glendale, Los Angeles, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, Newport Beach, and San Jose. Call today for free information about your case.

 

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