Questions Commonly Asked Regarding Motor Vehicle Accidents
Q: I was recently in an auto accident, should I go to the hospital?
A: In the event you are injured in an automobile accident, it’s important that you go to the hospital immediately. This is important for two reasons: to make sure that you are alright and to obtain documentation as evidence in a case you want to build against the at-fault driver.
Q: If I want to recover monetary damages from an auto accident, is it required that I go to court?
A: Going to court is a possibility, but isn’t always needed, since some cases get settled outside of court. However, some cases go to trial and require the verdict of a jury. Most of the automobile accident lawsuits that are filed don’t reach trial and are settled before then. Whether your case will go to court depends on the laws, who’s involved and facts associated with your case.
Q: Is it possible for me to recover compensation if I was the driver at fault?
A: There are some states who have the no-fault insurance law, which makes it possible for at-fault drivers to recover economic damages from their own insurers. In states that don’t have this law, if the at-fault driver doesn’t go over a specific limit, then it is possible to recover compensation. Otherwise, it will be rather difficult. It’s best to speak with a lawyer in your state regarding this matter.
Q: How much can I get from my personal injury case?
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A: It’s hard to say how much a case is worth, but an experienced personal injury lawyer can go over possible monetary gains you may see if you win your case. There are a variety of factors that can affect the outcome of your case, such as the state the accident occurred, the situation of the accident and the insurance providers of the drivers. Medical expenses, loss of income and severity of injuries also play a role.
Q: How soon should I seek legal action against the other driver?
A: It’s always recommended that you speak with an attorney right after you have an accident (after filing a police report and going to the hospital). Time limits for taking legal action vary from state to state and insurance policy terms and conditions can also have an effect on this. How badly you are hurt can also determine your time limit to file a claim.
Q: What do I do if the insurance provider offers me compensation immediately after?
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A: It’s best to consult with a legal professional about your rights and options before you sign or accept anything from an insurance provider. By accepting a check from an insurer, you are giving up your ability to file a lawsuit against them later when you need more money to cover medical expenses that may arise or additional days of work that have to be missed. Speak with a lawyer before negotiating with an insurer.
Q: What happens if the other driver doesn’t have auto insurance?
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A: Unfortunately, even though states require drivers to have auto insurance, not all drivers are insured. To combat this issue, some states require that insurers offer drivers the option to purchase underinsured or uninsured motorist coverage. If you have this coverage on your insurance policy, then it’s possible for you to get some compensation.
Q: Can I take legal action against people other than the at-fault driver?
A: If you sustained injuries from an auto accident, there are people other than the at-fault driver you can pursue in a lawsuit. For instance, if the driver was driving while intoxicated and the bar or club served alcohol to the defendant who was obviously already intoxicated, then you may be able to hold the business liable (in some states). Or if there was a defective part on the automobile that made the accident worse, then the manufacturer of the vehicle can be pursued. If there was debris in the road that caused the other driver to maneuver in a way that caused the accident, then the party that left the debris there can be held accountable. The owner of a vehicle can be held liable if they negligently allowed the driver to operate the vehicle.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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