Frequently Asked Questions Following Automobile Collisions

1. What should I do if I have been involved in an auto accident?

   The National Safety Council recommends that you take the following actions if you have a car collision

2. Who will pay my medical bills following an auto accident?

   In most states, if you are not at-fault for the accident, the other party's insurance company will ultimately be responsible for your medical bills. In some states, where you are required by law to purchase personal injury protection coverage, your own automobile insurance company should reimburse you for a portion of medical expenses as set forth by state law and in accordance with the contractual guidelines of your individual insurance policy. If you have specific questions regarding your entitlement to medical benefits should (1) review your policy, (2) contact the local office of your automobile insurance carrier and (3) if your not satisfied that the information received is 100% complete, we suggest you contact an attorney who specializes in handling personal injury cases.

3. Who will pay for my lost wages?

   Again, if you are not at-fault the negligent party's insurance carrier will ultimately be responsible for any lost time from work. However, in those states requiring personal injury protection coverage, in most instances your own company will pay a specified portion of your lost wages. For specific questions, we suggest that you (1) review your policy, (2) contact the local office of your automobile insurance carrier and (3) if your not satisfied that the information received is 100% complete, we suggest you contact a law firm which specializes in handling personal injury cases.

4. Who will pay for the damage to my vehicle?

   Generally, the insurance company for the party at-fault pays for any damage to the vehicles involved in the accident.

5. If the person who caused the accident does not have auto insurance, can I still recover for my losses?

   If your auto insurance policy contains uninsured/underinsured motorists coverage, under most circumstances you can recover for your injuries, despite the fact that the responsible party is uninsured.

6. What type of damages can I recover, if I have been injured in an auto accident caused by someone's negligence?

   If you have been injured as a result of someone's negligence you could be entitled to receive compensation for the following types of damages:

   • Bodily injuries;
   • Past pain and suffering;
   • Future pain and suffering;
   • Disability;
   • Disfigurement;
   • Mental anguish;
   • Expense of hospitalization;
   • Medical and nursing care and treatment;
   • Out of pocket expenses;
   • Past lost of earnings;
   • The loss of ability to earn future money;
   • Inconvenience;
   • Aggravation of a pre-existing condition;
   • Loss of enjoyment of life; and
   • Property damage.

   Since laws in each state vary, to determine what types of compensation you may be entitled to, we suggest that you contact a lawyer who specializes in handling personal injury cases.

7. If I have suffered injuries in an auto accident, when should I contact a lawyer?

   In many cases, it is not necessary to contact a lawyer immediately after an accident occurs. However, there are several reasons why you should consult with a lawyer who specializes in handling personal injury cases if you believe you may have been injured because of someone's negligence. First, in most cases an early thorough investigation plays an essential role in obtaining a successful outcome. As time passes, accident scenes can change, witnesses disappear and may forget critical facts or sometimes even die. Frequently, a lawyer will immediately photograph the scene of the accident and the vehicles involved, obtain copies of the accident report and thereafter contact all witnesses to the collision to obtain recorded statements. Finally, a lawyer will be in a better position to advice you and protect your rights when your contacted the other party' insurance claims adjuster.

8. If contacted, must I speak with the other party's insurance adjuster to explain what happened, after an accident?

   No. In most instances, you are required to notify your own insurance company of any damages or injuries incurred immediately after a motor vehicle collision. Frequently, the other party's insurance claims representative will attempt to contact you to obtain a "recorded statement". In most cases, IT IS NOT in your best interest to agree to speak to the opposing party's insurance company since these statements may be used against you in a court of law or even in a future deposition. As such, if you are not represented by a lawyer, you should be extremely cautious if you are contacted and you should consult with a lawyer who specializes in handling personal injury cases. If you are represented by a lawyer, you should only agree to give a recorded statement upon the condition that the other insurance company permit you the same profession courtesy and allow you to take the recorded statement of their insured.

9. Will insurance rates rise if I file a lawsuit?

   In a calculated effort to promote legal/"Tort" reform the insurance industry frequently advertises that an increase in lawsuits has caused a dramatic rise in insurance rates. At present, there is absolutely no evidence to support its claims. In the State of Florida alone, fewer civil lawsuits were filed in 1998 than in 1990. Nevertheless, across the United States insurance companies have spent millions of dollars on political lobbyist, politicians and even Presidential Candidates in order to continue to press for legal/ "Tort" reform.

   Several state Supreme Courts, such as California and Ohio have recently struck down similar unconstitutional legislation intended to limit the public access to courts.

10. How much auto insurance should I buy?

    Typically, this very important decision which to some degree should be based on your personal financial position. If you have collectible assets, which may be jeopardized if you injure another person because of your own negligence, you may wish to purchase higher bodily injury liability limits. However, regardless of your financial position, uninsured/underinsured motorists coverage is probably the most important type of coverage available to you as a consumer. If you are injured in an auto accident by someone with little or no insurance, your uninsured/underinsured motorists coverage may be your only source of recovery to compensate you for your injuries. As such, you should never sign any rejections or waivers of uninsured/underinsured motorists coverage. Finally, you should also consider purchasing medical payments ("MedPay") coverage. This coverage provides affordable medical protection in a variety of situations.

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