Car Accident FAQ | Car Crash Questions | Automobile Crash |

TEN MOST FREQUENTLY ASKED QUESTIONS

Few experiences are as traumatic as being injured in a car accident.

In addition to the pain and inconvenience, many accident victims face lost income, medical expenses, loss of use and repairing of or replacing their vehicle, and many other problems.

Personal injury laws are designed to protect accident victims. However, your best protection is a qualified attorney experienced in personal injury cases. Your attorney from the Law Offices of Vaughan de Kirby will work to ensure that your rights are protected. 

If you have been injured in a car accident, you will, if you have not already, face the perils of a car accident claim. You will be dealing with experienced adjusters in presenting your insurance claim. Car accident claims are perhaps the most common of insurance claims, but can become the most complex and perilous to the consumer.

This article answers the ten most frequently asked questions about personal injury cases. This information cannot replace the legal advice from a qualified car accident attorney. 

1.  WHAT AM I ENTITLED TO FOR MY INJURIES?

Because all claims are different, the value of each must be determined individually.  Your case's value can be determined only after medical treatment is completed and all other factors affecting the case are considered. Other factors that might affect the value of your case include how seriously you are injured, the type and amount of medical treatment you receive, insurance policy limitations, and whether or not you were partially at fault. Remember, an insurance adjustor works for the insurance company, not you.

2.  WHO CAN FILE A PERSONAL INJURY CLAIM?

Personal injury claims allow people who have been injured to recover medical costs and other losses.  There are many types of personal injury claims. The most common is auto accident; however slip and fall injuries, wrongful death, and product defects can also be grounds for personal injury claims.

3.  CAN A PASSENGER RECOVER FOR THEIR LOSSES?

The driver at fault is liable for all damages you suffer that are caused by the accident. Any passenger who is injured may have the right to be compensated for their injuries.

4.  WHAT ABOUT THE REPAIR OR REPLACEMENT OF MY CAR?

As a personal injury victim, you are entitled to the repair or replacement of all lost and damaged property.  The driver at fault or their insurance company must pay for the repair of all damages resulting from the accident.  If your car is a total loss, your attorney will help negotiate the fair market value of your car.

5. WHY RETAIN AN ATTORNEY?

Insurance company representatives, even those from your own company, are protecting the best interests of the insurance company – not your interest. Your rights will be best protected by a qualified, experienced car crash attorney.

6. HOW IS THE ATTORNEY PAID?

At most law firms a percentage fee is charged. This fee is based on the compensation recovered on your behalf. This is called a contingency fee agreement. The Law Offices will advance all costs on your case and these costs and the attorney fee are only charged to you if and when a money recovery is secured on your behalf. This puts an experienced attorney in your corner without any risk to you of out of pocket expenses.

7. WHAT IF THE DRIVER AT FAULT IS UNINSURED?

These can be among the most complicated personal injury cases. Although most state laws require drivers to maintain insurance coverage, many drivers still go without. If the driver at fault is uninsured or underinsured, the aid of a qualified attorney is extremely important. Your attorney can review your policy to determine if it includes “uninsured driver” coverage.

8. WHO IS ENTITLED TO A RENTAL CAR?

If you were not at fault, you are entitled to rental car expenses while you car is being repaired or replaced. Your attorney will assist you in receiving transportation during this time if the appropriate insurance coverage is available.

9. CAN I CHOOSE MY OWN DOCTOR?

The law specifically gives you the right to choose your own physician and to receive all necessary testing and treatment, including emergency and long-term care. You have the freedom to choose the type of medical care you receive. The driver at fault or their insurance company must pay the cost of the treatments you receive.

10.  HOW LONG DOES IT TAKE TO RECEIVE A SETTLEMENT?

The amount of time necessary to settle your claim depends on many factors, the most important of which is the amount of medical treatment necessary, the extent of your injuries, and disability, if any. Before the claim is settled, your doctor should release you from treatment. Settlement negotiations can usually begin immediately after your doctor releases you and settlements can often be concluded in a very short time. However, your particular case may require the filing of a lawsuit to achieve the justice you deserve. You and your attorney should be ready to go to court if it is necessary. Do not hire an attorney who promises you a quick settlement as this will can be at the cost of the fair settlement you deserve.