Accident or Injury Questions & Answers

Q: Who pays if I'm injured or my car is damaged?
A: That depends on who is at fault, whether you and the other driver have insurance and what kind of insurance you have. If you are not at fault, the other driver’s liability insurance pays for your car damage and/or personal injuries up to the policy limits of the other driver’s policy.

Q: What if I am at fault?
A: If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy’s limits. If you loan your car to someone who has an accident, your insurance can also help pay for the damages. Your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible.

Q: What if I have medical bills?
A: Your health insurance may pay your medical bills. Also, your automobile insurance may have medical payments coverage which can pay the cost of necessary medical treatment for you and your passenger up to the medical payment policy limits.

Q: What should I do if the other driver does not have insurance?
A: If the other driver caused the accident and is not insured, your own policy can pay for your personal injuries—if you have uninsured motorist or medical payments coverage, up to the specified limits as provided in your policy..

Q: What if I am not at fault and the other driver’s insurance is not enough?
A: If their insurance is not enough to pay for all of your damages, your own insurance may pay the difference—if you have underinsured motorist coverage. If you have collision insurance, it will usually pay for the damage to your car, minus your deductible, no matter who is at fault.

If you do not have these kinds of insurance or if your damages are more than the policy’s limit, you can sue the other driver. However, even if you win the case, there is no guarantee that you will collect.

Q: What if I want to make a claim for my injuries?
A: If the other driver was at fault, you may be entitled to compensation—for your personal injuries, car damage and other expenses, such as lost wages or other medical treatment needed after the accident.

Q: What about pain and suffering?
A: If the other driver was at fault, you may be entitled to pain and suffering damages. You should make a claim with the other driver’s insurance company, but you will need your doctors to document the amount of pain you experienced.

Q: What if I am not satisfied with the amount they offer me?
A: You may want to sue. If you plan to sue, do not delay. There are time limits for filing various types of claims—so act quickly.

Q: Do I need to hire an attorney?
A: You probably expect to be fairly compensated for your injuries, and that the insurance company(s) will do the right thing and offer a fair settlement. Unfortunately, that rarely happens. Insurance companies can make huge profits from undercompensating injury victims. Insurance companies and their lawyers also know that most non lawyers have no idea as to their legal rights.

A lawyer knows how to build your case, how to negotiate your case with an insurance company, and, if necessary, how to take your case to trial. While it is possible to negotiate your claim with an insurance company yourself, insurance companies will typically do everything they can to take advantage of you and to effect the lowest possible settlement, while attempting to elicit statements from you that will damage your position if you ultimately decide to sue.

A lawyer is in a good position to help you obtain a settlement that, even after the attorney fees are deducted, significantly exceeds what you can obtain on your own.

Q: How do attorneys charge?
A:Many lawyers take auto accident cases on a contingency fee basis. That means you do not pay the lawyer his or her attorney fees if you lose the case. If you win, you pay the lawyer a percentage of the money you get. Most lawyers charge a smaller percentage if the case is settled before the lawyer does all the work necessary to go to trial.

Schedule a Consultation with an Accident and Injury Attorney.  Call (702) 914-0400.