Sometimes, the aftermath of an accident can drag on for years. A moment in time can suddenly occupy all your free time as you try to sort out all of the details. A few of the tasks you need to consider in the aftermath of a collision are notifying your insurance company, medical bills and ongoing medical treatment, finding money to pay for car repairs and medical bills, filling out claim forms, talking to the police if they have additional questions, time off work to heal in the case of a major accident, and finding a qualified lawyer to help represent you.
Is my insurance company going to cover everything after a car accident?
No matter which type of insurance claims policy you have, insurance companies will only pay up to their policy limits. This means that your insurance company will pay up to the limit and own personal responsibility does not extend beyond the contracted limits. If you were not at fault, you could receive compensation for damages above those limits.
For example, let's say you were the driver in a minor fender bender where the other driver is at fault. If the other driver’s liability limit is $50,000 per person that means their insurance will only pay for up to $50,000 in damages per person. To recoup expenses above that $50,000 policy limit, you will need to sue the at-fault driver for damages.
Do I need a lawyer after a car accident?
You are not required to retain a lawyer to represent you in your case. But, people who secure the services of a qualified personal injury attorney often see much higher settlements than those who do not.
Who pays my medical expenses after a car accident?
If you are injured in a motor vehicle collision, there may be several sources from which you can collect money for your medical expenses and other accident-related expenses. The primary source is usually your health care provider. They bill insurers on behalf of patients and sometimes negotiate discounts directly with providers. You may also be able to recover these costs through third-party benefits such as automobile insurance through their claims process. Finally, you may qualify for Medicaid or Medicare reimbursement. These programs provide financial assistance to low-income individuals and families.
Can I sue anyone else involved in the crash?
Maybe. There are two main reasons why you'd want to pursue legal action: 1) To obtain monetary relief, 2) To hold others responsible for causing harm to yourself. Both types of claims require filing a lawsuit. A civil claim allows you to seek recovery for non-economic losses like pain and suffering, emotional distress, lost wages, and other damages from this stressful situation. An intentional tort requires proving that an individual acted intentionally when he/she harmed you.
Is there any legal recourse when dealing with an uninsured motorist?
If the driver who hit you doesn't have insurance, then you will have to rely on your uninsured motorist coverage to receive compensation. If you do not have that coverage, you don't have much in the way of recourse other than pursuing a private civil claim in small claims court. If the other party has no substantial assets however, it's unlikely that you receive proper compensation.
When filling out an accident claim form, how much detail must be provided?
Simply, provide as much detail as you can. That's why you should make sure to note everything that you see and experience after the accident. Make sure you should include the date, time, location, weather conditions, road condition, type of vehicle, make & model, license plate number, damage description, injuries sustained by all occupants, including passengers, and whether or not the property was damaged. Also, note down the name and contact information of witnesses.
If your insurance company requires other information, make sure to include that.
How can I get compensation for the damage caused by another driver?
The first thing you'll probably want to know is if the person at fault had liability insurance. This means they were legally obligated to pay damages resulting from the incident. It does NOT mean that they actually paid anything! In fact, most drivers simply refuse to settle unless they're forced into doing so. So, even though they might have been found liable, they could still walk away without paying a dime.
However, if the driver did carry adequate insurance, then you would likely file a personal injury suit against them. Your attorney will need to prove negligence, which involves showing that the defendant failed to act reasonably under the circumstances.
How much compensation can I expect after a car accident?
Besides the cost of repairing your vehicle from an independent body shop, and paying for any medical bills you accrue, you can also sue for pain and suffering. Pain and suffering is a catch-all for not just the physical pain that you feel but also losing out on normal life because of the injury that you've sustained. It also involves significant emotional or financial harm as a direct result of being involved in the accident. This includes lost wages and other financial losses. Other non-economic damages such as mental anguish, embarrassment, inconvenience, and loss of enjoyment of life.
If you want to learn more about how compensation for personal works, you can learn more by reading about personal injury calculators here.