Auto Accident FAQs
Q: How soon should I report the accident to my insurance company?
A: You should call as soon as you reasonably can. Many insurance contracts set a deadline for reporting accidents. If you miss that deadline, you may not be able to make any claim at all. Waiting too long might also make the insurance company believe you are exaggerating your injuries, which allows it to deny your claim.
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Q: What should I do if the other driver’s insurance company contacts me?
A: You should politely refuse to speak to them. They may be trying to manipulate you into saying things that could hurt your case. Be especially careful if they ask to record your conversation or ask you to sign anything. If you have hired a lawyer, the insurance company is legally required to speak with that person instead of you.
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Q: Do I need a lawyer to handle my accident claim?
A: In accidents that caused no injuries and only a little damage, you may not need a lawyer. But if someone was seriously hurt or killed, or your claim will be expensive, you may have trouble getting a fair settlement from the insurance company. An experienced attorney can help protect your legal rights and get the maximum possible financial payment for your injuries.
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Q: What if I felt fine after the accident, but notice an injury later?
A: Even if it’s been weeks since the accident, you should go to the doctor as soon as you can. Many injuries are not obvious at first, including serious injuries to the head and neck. Accident victims might also not notice injuries if they are in shock. If necessary, an accident lawyer can help you prove the new injury to your insurance company.
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Q: How soon should I settle my insurance claim?
A: Every claim is different, but you should avoid settling your claim until you understand your injuries completely. For example, if you may need surgery, it is best to wait until your doctor can decide before settling your claim. If you settle too soon and end up with medical bills not covered by your settlement, you will not be able to make another claim.
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Q: How can I protect myself if I am considering a lawsuit?
A: One simple step you can take is saving all of the paperwork from the accident, so it can be used as evidence later. This could include a police report, medical documents, photos of your injuries, car repair bills and more. You should also make sure not to accept any payments or sign papers from an insurance company, because this could take away your right to sue.
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Q: Do I have to take the first settlement my insurance company offers?
A: Absolutely not. Many people do not realize this, but you have every right to negotiate with an insurance company for a settlement you believe is fair, using evidence like medical bills and repair costs to prove your claim. If you are not comfortable negotiating, or the insurer will not listen, you can also get help from an experienced accident lawyer.
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Q: What can I do if I think the insurance company is denying my legitimate claim?
A: Your insurance company must provide the coverage it promises in your auto insurance policy. If it does not, you may sue for breach of contract and insurance bad faith. In many cases, just hiring a lawyer is enough to show the insurance company that you are willing to protect your rights.
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Q: What costs may I claim in an accident lawsuit?
A: If you decide to sue, you may claim all of the financial costs of the accident, as well as compensation for your injuries, physical pain and emotional suffering. If you have sustained a permanent disability or lost a family member, you are also entitled to compensation for those injuries. Financial costs include future medical bills and the cost of missing work.
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Q: If I file a lawsuit, will I have to testify in court?
A: It is impossible to say for sure, but most likely, you will not. The majority of auto accident lawsuits settle before a trial can take place. And even if you do go to trial, your attorney may not ask you to testify. However, you may be asked to give other personal information during a pre-trial process called discovery.
