Car Accidents FAQs
1. What should I do if I
am involved in a car accident?
First, you should seek proper medical attention. If you
are conscious at the scene, collect all pertinent
information from the other drivers (i.e. driver's license
numbers, address, phone number, insurance card
information, etc.). Also, make sure to keep a daily
journal beginning with the date of the accident to
document all physical and mental injuries, as well as
document your view of the accident. Finally, contact
an attorney at Epperly & Follis, P.C. who will be your
advocate if a traffic charge is brought against you, or
even a civil suit. An attorney can also assist you in
bringing a civil suit against another party if they are
responsible for the accident.
2. Who pays if I incur an injury due to an auto
accident or my car is damaged?
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
are not at fault, the other driver's liability insurance
pays for your car damage and personal injuries.
3. I received a personal injury as a result of hitting
a pothole with my car. Who is responsible?
Damage caused by improper maintenance or repair of roads
and highways may be the cause of damage to your vehicle.
Generally, responsibility lies with the government agency
responsible for this maintenance. If it was a pothole in a
city street, the city would be responsible. However,
evidence must show that the city knew or should have
known of the hazard.
4. My insurance company is offering me a nice
settlement. Should I take it?
No. Tell the insurance company that you will get back to
them. In the meantime, contact
an attorney at Epperly & Follis, P.C. immediately.
Oftentimes an insurance company will offer a minimal
amount of money in return for your signature stating that
you will not sue them. Never take an insurance check
without first consulting an attorney.
5. What issues will I
face in making a claim for my injuries sustained in an
auto accident?
A claim for injuries is usually based upon carelessness or
negligence. In worst case scenarios, it is based on an
intentional or reckless act. The three categories of
issues that typically arise in a tort claim after an
automobile accident are:
Liability - who is at fault and to what degree.
Damages - injuries or losses that were caused by the
accident.
Insurance Coverage - what the insurance company will pay
for after an accident
6. How will I pay for my medical bills?
If you have been injured, you will likely have medical
bills from physicians, hospitals, physical therapists, and
other health care providers. Those bills will be in your
name and will usually be sent to your address. You are
primarily responsible for paying your bills, regardless of
the cause of your injuries. The at-fault person's
liability insurance carrier is responsible for paying you
reasonable compensation for damages incurred, which
includes medical bills, but the insurance carrier is not
responsible for paying your doctors, hospitals, and other
providers. Sometimes the amount the insurance company is
willing to pay is far less than the actual amount you owe.
You need an attorney who will fight for your rights with
the insurance companies to ensure that you are fully
compensated. Contact Epperly
& Follis, P.C. today to discuss your case.
7. How long does a personal injury claim take to
resolve?
Personal injury claims can be resolved in a matter of a
few weeks or months. However, they make take up to several
years depending on the complexity of the case. It is best
to speak with an experienced personal injury attorney
about your specific case.
8. My doctor notified me that I have a permanent injury
as a result of my auto accident. What does this mean?
A permanent injury is one that is going to either be with
you for the rest of your life or for some period beyond
the settlement of the claim. In most cases the injured
party is entitled to compensation from the at-fault party
or their insurance company for all medical bills incurred
to date and into the future for all injuries caused by the
accident.
9. Am I at fault if I rear-end another vehicle?
Almost always, yes. The law states that you must maintain
a safe distance to be able to stop safely if a car stops
in front of you.
10. What should I do if I did not feel hurt at the
scene but experienced pain afterwards?
You should immediately consult your medical provider
regarding any pain, discomfort or possible injuries from a
car accident, even if you think they may be only minor
injuries. Even if you did not complain of injuries at the
scene of the car accident, if you were injured in the
accident from someone else's negligence, you may be
entitled to payment of your medical bills, compensation
for pain and suffering, lost wages, loss of earnings
capacity, and emotional distress. You should consult
an attorney at Epperly & Follis, P.C. to discuss
whether you need representation on your claim.