Car Accident FAQs

Breaking Down The Law Process One Question At A Time​

Table of Contents

Is it worth getting a car accident lawyer?

Not always. It can certainly be worth finding a lawyer for a car accident case, particularly if the incident was severe and you suffered extreme and/or permanent injuries. For example, sometimes, it can be difficult to predict whether any damages might need expensive medical treatments down the line. A lawyer can assess and help evaluate these future potential costs with you and the doctors you consult.

Am I better off handling a minor personal motor vehicle injury claims by myself or hiring a lawyer?

You don’t always need a lawyer to represent you in your injury case. Most minor injury claims are relatively straightforward. As a rule of thumb, if you can meet the following conditions, then you can probably handle the case on your own:

  1. You have completely recovered from the injury, and there are no long-term effects whatsoever from your injuries. 
  2. The insurance company has accepted full responsibility.
  3. You have the time and headspace to deal with a legal case.

Should I call the police after a car accident?

It can be frightening to think about reporting a car accident to the police. Whether you are at fault or not, it can feel like you are admitting some wrongdoing. It may also be difficult to know what to say and who to say it to.

Whether or not you should call the police after a car accident depends on many factors. If the accident is minor and there are no injuries, you may not need to call the police. The police may not be able to do much in a minor accident. If the accident is more serious, or if there are injuries, you should call the police. The police can help to determine fault, and they can also help those with injuries get medical attention.

What types of damages can a car accident lawsuit cover?

Damages resulting from a car accident can often include medical bills, lost wages, and pain and suffering.

Medical bills are for procedures that the victim might have to get done because of the accident. These could be lab tests, surgeries, or visits to the doctor. Lost wages are the victim’s wages lost because they can’t work while recovering from the accident. Pain and suffering refers to the mental and emotional toll that the victim has to go through after an injury. Damages can vary depending on how severe the injuries are. If the victim has a broken bone, for example, they might have to spend more than someone without a broken bone.

In some cases, the damage may be covered by a third-party insurance company. In other cases, you might need to file a lawsuit to recover the damages from the at-fault driver.

Do I need to accept an insurance settlement?

Insurance settlements are a common part of the car accident process. Insurance companies will typically offer you a settlement to move forward with your claim. The purpose of an insurance settlement is to provide you with a fair amount of money in compensation for your injuries, medical costs, and property damage.

An insurance settlement is not always the best option for you. If you have medical bills or other expenses that are not covered by the settlement, you might be better off with a lawsuit.

When deciding whether to accept an insurance settlement, it is important to consider the following factors:

  1. Whether the settlement is fair
  2. The amount of time and money required
  3. The potential upside of filing a lawsuit

What will insurance pay for a totaled car?

Car insurance is designed to cover the cost of repairing your car if it is stolen, damaged in a collision, or if it is vandalized. If your car is in an accident and the cost to repair it exceeds the vehicle’s value, your insurer will declare it a total loss.

In this circumstance, the insurance company will pay the market value of the car as it would be worth if it were in perfect condition. This amount is determined by a number of factors including the age, make, and model of the car.

How long will it take to settle a car accident lawsuit?

It can take anywhere from a few months to a few years to settle a car accident lawsuit.

The time it takes to settle a lawsuit depends on the following:

  1. The complexity of the case. Some cases are very complicated and require more time to investigate and gather evidence. For example, the case may involve multiple parties or there may be multiple injuries.
  2. The amount of insurance coverage available. If there is only one insurance company involved, then it should be easier to settle the case than if there are multiple insurance companies involved. In addition, if there are many injuries, then it will take more time to settle the case because the insurance company must make sure that all of the injuries are accounted for.

Can someone else drive my car if they are not on my insurance?

Contrary to popular belief, car insurance generally follows the car, not the driver. Therefore, if you lend your car to a friend, your sibling, or even a random person on the street, the car’s insurance is most often the insurance that will be required to pay in the event of an accident. Even if the driver was at fault in the accident since they were driving your vehicle your insurance will be responsible.

What can I sue for in a car accident?

A car accident can be a traumatic experience. It can result in injuries to the driver and passengers, as well as damage to the vehicle. If you have been injured or your car has been damaged as a result of a car accident, you may be able to sue the person responsible for your damages.

There are several different types of damages that may be available to you, including:

  • Medical expenses
  • pain and suffering damages
  • loss of consortium damages
  • future medical expenses
  • past medical expenses
  • pain and suffering damages
  • loss of consortium damages
  • future medical expenses
  • past medical expenses

How do I file an insurance claim?

Every state has its own insurance laws, and how to file a car accident claim may vary from state to state. In general, filing a car accident insurance claim is as straightforward as getting in touch with your insurance company and filing a claim form online.

Try to make sure to file the claim with your insurance company as soon as possible. The company will need to know the date and time of the accident, the location, and the names and contact information of the driver and any passengers in your car.

After filing your claim, you will need to get copies of the police report from the accident scene. You will also need a list of all of your medical expenses and treatments you have received since the accident. If you have already filed a claim with your health insurance company, be sure to include that information as well.

How long after a car accident can I file a lawsuit?

In most states, the statute of limitations on car accident claims is two years. This means that you must file your lawsuit within two years of the date of the accident or you will not be able to recover any damages.

If you were injured in a car accident, you should always seek medical attention as soon as possible. Even if the accident was not your fault, you may be entitled to compensation for the injuries you suffered. Once you get a clear picture of your injuries, you’ll be better suited to know what your legal claim will look like and whether or not it is worth pursuing. 

What should I do after a car accident?

Below is a quick checklist of the first 5 things you should be doing immediately after a car accident. 

  1. Check on the other driver, passengers, and yourself.
  2. Take photos to document the scene.
  3. Exchange information with the other driver and any witnesses.
  4. Call the police if there are any injuries or damages.
  5. Call your insurance company to report the incident and file a claim.

How do insurance companies settle car accident claims?

Insurance companies will almost always choose to settle car accident claims instead of engaging in lawsuits because they are more cost-effective. These companies want to pay as little as possible to the claimant and make money from the premiums they charge. They will try to minimize their liability and the amount of money they have to pay.

When you get a call from the insurance company with an offer, recognize that the offer may not be the best possible amount that you are eligible to receive. If you think you deserve more than what the insurance company is offering, contact a car accident law firm and find out more about your options of filing a legal claim. 

What do I do if I was the victim of a hit and run?

After being involved in a hit-and-run, it is important to call the police immediately and get a police report. You should also call your insurance company and file a claim. If you were able to see and copy down the other driver’s license plate number, this will be very helpful for the police to track the driver down. If you are unable to locate the driver, you may still be eligible for financial compensation from your automobile insurance company.

How do I prove who was at fault in a car accident?

In order to prove fault in a car accident, you would need to gather evidence that proves that the other party was at fault. You can do this by contacting witnesses, looking for security footage, and obtaining the police report. 

When it comes to car accidents, it’s not always clear who was at fault. There are a number of factors that can affect the outcome of a car accident case. The most important factor is who had right of way. If you are turning left and someone is coming straight at you, then they will have the right of way. Another factor is how fast the cars were going. If you are going 10 miles an hour and someone is coming at you at 30 miles an hour, then they will be at fault. It’s also important to know if one car was making a turn when the collision occurred. Cars that are turning have the right of way over cars that are driving straight.

What if an adjuster from the "at-fault" insurance company calls me?

After being involved in a car accident and filing a claim, an insurance adjuster from the at-fault insurance company may call you. Remember to ask for the name of the insurance company and the name and title of the caller. You may be asked a few questions about the accident, such as how it happened and what injuries you have. Only answer basic questions, like your name, address, and phone number. You should answer all of the adjuster’s questions truthfully.

If the adjuster asks if you want to accept the insurance company’s offer of compensation, you are not obligated to accept it. You can ask for time to think about the offer and get advice from an attorney.

If I wasn't wearing a seat belt at the time of my accident, can I still recover damages?

Seatbelts are important in preventing accidents and injuries because they keep the occupants safe and inside the car. The driver should always wear a seatbelt because it is easier for a driver to control the car while wearing one.

If you were not wearing a seatbelt at the time of the accident, you can still recover damages, but it may be difficult. There are three legal concepts that insurance companies invoke when processing a claim in which the claimant wasn’t wearing a seatbelt: The Seatbelt Defense, Comparative Fault, and “Mitigation.”

When discussing your car accident case with a lawyer, bring up these concerns and make sure to come up with a plan to refute these arguments. 

If I don't feel injured after a car accident, should I still go to the doctor?

The answer to this question depends on the severity of the accident. If the injury is minor, then it is not necessary to go to a doctor. However, if you have a headache, neck pain, or any open wounds, then you should go to the hospital for an evaluation.

If you have been in a serious accident, then it is recommended that you go to the hospital immediately. You may feel fine at first, but it can a few days or even weeks for symptoms of brain injuries and internal injuries to show up.

Is the rear driver always responsible for a rear-end collision?

Although in almost every rear-ending car accident the rear driver is responsible for the crash, it is not always the rear driver’s fault. Rear-end collisions can be caused by the following:

  1. The front driver suddenly slams on the brakes
  2. The front driver makes a sudden turn
  3. The front driver is distracted and doesn’t see the back

What if I say something different from what I said at the time of the car accident?

After a car accident, the scene can be stressful, and emotions can be running high. However, at the scene of the car crash, make sure to be careful what you say, especially when speaking with the other driver, the police, and any witnesses about what to who caused the accident.

What you say to other drivers, passengers, and witnesses at the car accident scene can make a huge difference to your insurance claim and lawsuit potential. Especially, if your statements are found to be conflicting, a mediator or jury will often find your arguments to be difficult to trust and approve.