Motor Vehicle Accident FAQs

  • 1. What should I do if I'm involved in a car accident?
    Document the entire situation making daily notes of the effects of your injuries. Also, report the accident to the DMV and never admit responsibility.

  • 2. Why do I need no fault insurance?
    Almost half of the United States legally requires this insurance. It helps to eliminate liability claims in smaller accidents by exchanging direct payment by the injured's insurance company. It doesn't, however, cover auto damage, so a claim should still be filed for this.

  • 3. Is it true that if I rear end a car that I'm at fault?
    Almost always, the answer is yes. The law says that you have to be able to stop safely if a car stops in front of you.

  • 4. How long will it take to get money in my case?
    Getting to court for a vehicle accident takes 3-5 years in most cases.

  • 5. I didn't go the doctor right away and now I have pain. What can I do?
    You should always see a doctor after an accident even if you're not feeling pain right away. Be sure to document when you noticed the pain and when you went to the doctor.

  • 6. Do I need an attorney?
    It is in your best interest to hire an attorney.

  • 7. The other driver doesn't have car insurance; how am I supposed to collect money from him now?
    Often times a person's personal assets will come into play in a case such as this.

  • 8. Will my insurance company pay for my medical bills while I wait to go to trial?
    Often times, insurance companies will pay to a certain amount and get reimbursed once the case is complete.

  • 9. How am I supposed to get around while my car is in the shop?
    Check your insurance policy; many will have a clause that allows you to rent a car. Be sure to track the expense involved as this is considered a cost that you suffered.

  • 10. I can't work; can I file for unemployment even though litigation is pending?
    Yes.

  • 11. My car hit a pothole; who is responsible?
    The city is responsible for road maintenance.

  • 12. How much money can I expect to get in a settlement?
    The award is directly related to the costs incurred.

  • 13. Should I settle ahead of time?
    This varies from each case and each individual. Know that going to trial can take years, but many times in return the judgment in court is larger than in a settlement.

  • 14. The other driver's insurance company offered me money. I haven't even hired an attorney, but I could really use the cash. Should I take it?
    No. Tell the insurance company that you'll get back to them. In the meantime, contact an attorney immediately. Often times an insurance company will offer a minimal amount of money in return for your signature stating that you won't sue them. Never take an insurance check without first consulting an attorney.

  • 15. I can't afford an attorney!
    Normally, in cases such as these, you don't pay the attorney any money unless you win your case. If you do win, they are likely to request 33% of the settlement.  

The frequently asked questions on our site are not meant to substitute for legal counsel. If you believe you have a case, contact a personal injury attorney at our office.

   

 


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