Accidents & Personal Injuries - Autombile Accidents FAQ

For your general information, the answers to these questions assume that you have been involved in an auto accident, and the other driver is at fault. If however, you were actually the driver who was a fault, many of these answers may not apply to you. If that is the case, you should contact us immediately to find out what your rights and obligations are.

Here are a few general questions:

What do I do if I am involved in an accident?

Stop your vehicle, no matter how minor the accident. Leaving the scene may be a crime.

If you are injured, do not try to get out of the vehicle unless it is safe, or necessary, such as if the car is smoking or on fire. You may be seriously injured, but not yet realize it. If you are able, assist any injured persons. Call for an ambulance, if needed.

Call the police and wait for them to arrive. Do not move the vehicles until the police view the scene unless it is safe to do so.

In some accident situations, if there are no serious injuries and minor vehicle damage, the police may not come to the scene. In that case:

• Ask the other driver for their license information, address, telephone number, insurance company and policy number.
• Get the names, addresses and telephone numbers of any witnesses.
• 9If at all possible, take pictures of the accident scene.
• Never tell anyone at the scene that the accident was your fault. Anything you say can be used against you later.

What if I am injured in the accident?

In most cases, you will be under the stress of the accident, or in a state of shock, and won’t realize the extent of your injuries. If your injuries are apparent and serious, don’t hesitate to be taken to a hospital by ambulance. If you are injured, seek medical treatment as soon as possible. When you see your doctor, tell him or her about all your injuries, no matter how minor. If possible, photograph any injuries to your body. Do I contact my insurance company before I call a lawyer?

You should contact your attorney first. Then, you should notify your own insurance company about the accident. Your policy will require you to cooperate with your insurance company. Do not give your insurance company a statement without first consulting your attorney.

What if I am contacted by the other driver’s insurance company?Do not give any information to the other driver's insurance company. Their adjuster and investigators will try to convince you it is necessary. They will try to convince you they care about you and want to be your friend, However, they represent their driver, and not you. Their job is to see that you get as little money as possible for your claim. If they are pushy, refer them to your attorney.

Who is responsible for paying my medical bills?

You should consult with your attorney to determine who is responsible for payment of your medical bills. If you use your insurance, you may need to pay them back when you recover for your injuries.

Should I document the damage to my vehicle?

Do not make any repairs, no matter how miner, until you have documented the damage. This would include washing the car. Photograph the damage to your vehicle from all angles. Provide your attorneys with the photographs. Then, go to a reputable body shop and get an estimate of the repair costs.

Will the other driver’s insurance pay to fix my vehicle?

Probably not. Your own insurance carrier usually repairs your vehicle, or pays you its’ value, then seeks reimbursement from the other driver if you were not at fault. This may still require you pay a deductible. Before you repair your vehicle, contact your attorney.

Should I give the other insurance company a statement?

Never, without first consulting an attorney. It is a common tactic for a seemingly friendly adjuster to call you within a few days of your accident and tell you they want to give you money to help you out and start to process to settle your claim. The catch is, they want a "recorded statement". However, once they have the recorded statement, they might be able to use it against you. For example, if you were rear-ended and suffered a severe whiplash to your neck, you may not notice yet that your lower back also hurts. It is not uncommon for other injuries to manifest themselves several days or weeks after the accident. Later, when you go to settle your claim, the adjuster will remind you that you never said anything about some of your injuries in your recorded statement, and imply that you have made up a "new" injury. You are rarely obligated to give a statement to the other driver's insurance company. In those few situations where you may need to talk the other drivers insurance company, you should be represented by a qualified attorney.

Do I give my own insurance company a statement?

In most cases, yes. You have a written "contract" with your insurance company, in the form of your "policy", which generally requires that you fully cooperate with your insurance company. A few instances may arise where you should speak to an attorney, if possible, before giving you insurance company a statement. This problem may arise in cases where the other driver has no insurance.

What if the other driver had no insurance?

In this case, it is critical to talk with a lawyer if you have been injured. If you have "Uninsured Motorists" (UM) coverage on your policy, then your own insurance company steps into the shoes of the other driver and is possibly liable for your injuries. This creates a potential conflict for you and your insurance company. You may have two different adjustors, one adjustor for your obligations under the policy, and one for the insurance company’s obligations under the UM portion of the policy. In these cases, it can be very confusing, and there are many pitfalls. Further, the policy requires that if you and the UM adjuster can’t agree to a settlement, then you have to "Arbitrate" the claim. This is very similar to a lawsuit, but in a forum that most people have never seen. For this reason, we recommend that you always be represented by an attorney in UM cases.

What if I had no automobile liability insurance for the accident?

You should immediately contact an attorney. California law requires that you have insurance if you are the driver. If you are not the owner of the vehicle, in most cases you will be covered under the owner’s policy if you were driving the car with their permission. If you are not covered by insurance, then you may not be able to recover for you injuries, even if the other driver was at fault. There are a some exceptions, such as accidents involving drunk drivers. But, you should speak to an attorney for advise.

If I have been injured, do I need a lawyer?

It is rare to find an insurance company willing to hand you money. This reason is simple. The more you get, the less profit they make. As a general rule, the attorney will always get more money for you than you can get on your own. The reason is simple. If you are represented by a known and competent attorney, the insurance company knows if they don’t give you a fair settlement, then you will sue. Once you file suit, the insurance company will not only have to pay for your injuries, but they will also have to hire a lawyer to defend themselves. This will cost them a lot of money. So, they tend to treat you better when you are represented by an attorney.

How much will I get for my injuries?

A competent attorney will never tell you what you will get for your injuries when you first discuss your case with them. Some attorneys will paint a "pie in the sky" just to get your case, only to disappoint you later. At our office, we fully evaluate your case before we make any recommendation as to settlement amount. The amount you will get will vary greatly depending on a variety of factors, such as:

• The percentage of your fault in the accident. In many cases, both drivers share some blame and the liability will be apportioned.
• Whether the other driver’s liability is disputed. It is usually not disputed if, for example, you were rear-ended or the other driver was intoxicated.
• Whether any citations were issued. If the other driver violated any laws, then "strict liability" may be imposed.
• How much medical treatment you required. If your injuries were severe, then you may be entitled to extra money for "pain and suffering".
• Whether the medical treatment was necessary. In many cases, "chiropractic treatment" is considered unnecessary and can even prolong recovery. In other cases, chiropractic care is the best treatment.
• Whether there are "objective" injuries. These are obvious injuries, observed by others, such as cuts, broken bones, bruises, etc.
• Whether the only evidence if injury is "subjective". These are injuries that are only known to you, such as "soft tissue" injury which doesn’t show on x-rays, aches & pains, etc. These injuries are harder to prove and may rely solely on your credibility.
• Whether you have been in other accidents. If you have had other accidents with soft tissue injuries, the insurance company may think you are exaggerating your injuries because you are trying to work the system.
• Whether you have had the same injuries before. Such "pre-existing" conditions may affect your recovery. The insurance company will argue that this accident wasn’t the cause or your injury.
• How long before you sought medical treatment. If you went directly to the hospital in an ambulance, your injuries are more credible, than if you waited a month before noticing that your neck hurt.
• What kind of treatment you first sought. If you were treated within a few hours at a hospital or doctor’s office, it is more credible than if you went immediately to a Chiropractor.

How long do I have to file suit for my injuries and damage?

The "Statute of Limitation" for bringing suit will vary depending upon the circumstances. Unless you bring a lawsuit in the proper time, you are barred from doing so. It is critical to contact an attorney for proper advice. In some cases, it may be one year, but in other cases it may be much shorter. For example, if a "public entity" is liable, you may need to file a "tort claim" with the public entity within a few months, or you are barred from suing the public entity. Many people are confused about what a public entity is. A public entity may include the obvious, like a state, county or city government and schools, but it may also include a utility or private companies in contract with the government. Sometimes, you may not even think about the government being liable. For example, maybe your accident was caused by a defective road condition. These are all reasons to contact an attorney for advice if you are in an accident.