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CAR ACCIDENT FAQS

CAR ACCIDENT FAQS

If you have been in an automobile accident, you may have questions that need to be answered. When dealing with the aftermath of a car or automobile accident, your questions might be about steps to be taken immediately after the accident, personal injuries and loss of property, filing of insurance claims and how and when to hire a lawyer to handle your case so you can become properly compensated. 

Below, find helpful answers to some of the questions you may have. To discuss the unique circumstances of your case, contact our attorneys at Miller Kory Rowe LLP for a free consultation.

WHAT STEPS DO I TAKE IMMEDIATELY AFTER THE CAR CRASH?

Call an ambulance if there are injuries. If possible, steer your car away from the accident site so that oncoming traffic isn’t impeded by your vehicle. Contact the police if there is notable property damage, serious injuries, and/or death. Get information from the other involved party (if it is safe to do so. 

If not, wait for the police) and any witnesses (their name, contact information, insurance, license plate number, license numbers, car registration numbers, etc.). Collect evidence (photos of vehicular damage and physical injuries, road and weather conditions). Don’t leave the scene of the accident unless you are injured yourself.

WHY IS A COPY OF THE POLICE REPORT IMPORTANT?

The police report officially documents the circumstances of the accident. It’s the official police version of the causes and details of the accident and is essential for filing car, property damage, or personal injury insurance claims. It can also be a directive to the claims adjuster to move forward and to determine fault.

SHOULD I ADMIT FAULT?

It is not wise to admit fault. This is because you need to be aware and sure of the circumstances and facts that were at play at the time of the accident first. It is for the authorities to determine who was at fault after a proper investigation, or sometimes your legal counselor will investigate for you to ascertain what exactly happened.

WHEN DOES A “PERSONAL INJURY” HAPPEN?

No matter what the outcome of the accident, but especially if there is bodily injury, you need to obtain legal help. Legal assistance can help you acquire compensation for your trauma, physical injuries, and damage to your vehicle. 

You are no position to bargain or argue with the other party’s insurance company or counsel. Your attorney will do this for you. This is their job and they will be able to evaluate what your case is worth.

WHEN SHOULD I SEEK LEGAL ADVICE?

Immediately! You should call a legal professional within a day or two at the latest (as soon as you are physically able). Do not speak to the opposing insurance company without a lawyer representing you. Moreover, your injury may leave you permanently disabled, causing loss of income. 

This is another reason why you need a legal professional on your side – so they can drive this point home in the lawsuit they file for you targeting the at-fault driver’s insurance company. 

Your lawyer will handle all legal procedures, process the necessary paperwork, ensure that you meet any limitation statute deadline of your state, work with the investigating team to tackle technical aspects of the case, represent you in court, mediate or arbitrate and deal with the lawyers of your insurance company, and get you the best monetary compensation for your case.

HOW DO I CHOOSE MY AUTO ACCIDENT ATTORNEY?

When choosing your attorney, look for a person who focuses in property damage or personal injury matters, is experienced in both spheres, knows how to deal with insurance companies, and is sympathetic and dedicated to your case.

WHAT MEDICAL RECORDS DO I NEED TO KEEP?

You need to be keep copies of all medical records pertaining to investigations and records from any medical and surgical treatments from all medical professionals who treated you after the accident.

WHAT IF SEVERE OR PERMANENT INJURIES PREVENT ME FROM WORKING OR BEING AS PRODUCTIVE AS BEFORE?

In most cases, auto accident attorneys consider lost wages when they file a suit against the insurance company. That’s why keeping records of all specific dates of missed work, total wages lost, and money paid for public transportation to go to work if your vehicle is too damaged to be used is important.

WHAT IF MY VEHICLE IS COMPLETELY TOTALED?

The insurance company will consider a vehicle to be totaled or be a total loss if the repair costs exceed a certain percentage of the car’s total worth. The principle in this case is that the insurance company is liable to pay you the car’s market value before the accident happened. 

Once the payment is received, you can discuss what you want to do with the wreckage with the mechanic, insurance company, or even MVD.

WHO PAYS THE MONEY IN TERMS OF COMPENSATION?

The insurance company of the at-fault party is generally responsible for paying any car repair costs. However, in certain cases, if the fault isn’t determined yet, a claim may be filed with your personal insurer which will claim reimbursement from the other party’s insurance company once it is determined if the other party was actually at fault.

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