Auto Accidents

Auto accidents happen every day, and almost every driver gets into an accident at some point during the years that they are driving. If you were in a car accident you may be able to file a claim for damages. If you were hurt in a car accident you may be eligible for money to pay for your medical bills and other expenses. And if your car was damaged you could be owed money to pay for those repairs or to pay for a new car if your car was totaled.

What To Do After a Car Accident

There are a lot of different factors that can impact what damages you’re entitled to after an accident including the circumstances of the accident. But there are some things that you need to do in order to protect your right to file a claim after you’ve been in a car accident. If you get into a car accident you should always do these things:

• Stop Your Car And Move To A Safe Place

  The first thing to do after an accident is make sure that you move your car out of the way to a safe place if that’s possible. Get your car over to the shoulder of the road or someplace where it won’t be a safety hazard for other drivers if you can. Then make sure that you turn the car off and get far away from the car for safety’s sake.

• Exchange Information With The Other Driver

  The other driver should be doing the same things you are and moving their car to a safer place if possible. If that’s not possible both of you should move yourselves out of the way of traffic if you’re not seriously injured. Then you need to give the other driver your name, contact information, and your insurance carrier’s information. They should give you their contact and insurance information at the same time. If the other driver doesn’t stop after the accident try to get a photo of their car including the license plate so that the police can track them down.

• Call Police

  Always call the police. Even if the accident is just a fender-bender.  Even if the other driver doesn’t want to call the police and wants to handle it privately instead. Call the police. You will need a police report detailing the accident and assigning blame for the accident when you file a claim. The police report is what the judge will use to decide who is at fault in the accident and that will affect how much money you are eligible to receive. Get a police report.

• Get Medical Help

  Always get medical help. Even if you don’t think you’re injured or even if you think that your injury isn’t that bad you need to get medical attention. Calling an ambulance and getting checked out starts a paper trail that will document your injuries. If you don’t get medical care immediately after the accident you may have a tough time proving that you sustained medical injuries later on.

• Gather Evidence

  Getting evidence immediately after the accident is extremely important. You should take photos and videos of your car and the other car as well as the conditions that the accident occurred in. Take photos of the areas surrounding the accident site as well as videos. It’s very important to have photos and videos to help the judge understand what happened. It’s also a good idea to write down a timeline of the accident immediately while the events are still fresh in your mind.

• Obey All Medical Instructions

  If your doctor tells you to follow up with a specialist or if you need to start physical therapy right away do those things. Obey all the medical instructions that your doctor gives you. Keep copies of any prescriptions or medical orders that you receive.

• Keep All Receipts

  Make sure that you keep the receipts for any out of pocket costs that you incur as a result of the accident. These costs can range from the cost of a prescription co-pay to buying crutches or paying for specialized care. It can also include money that you have to spend to replace personal property that was in your car. You can submit all of these receipts for reimbursement as part of your claim.

• Inventory All Personal Property In Your Vehicle

  If you had any personal property in your vehicle make a list of the items that were in your car and take photos or videos of them if you can. That could include your wallet, your phone, a GPS system, earbuds, clothing, and other items. If those items were damaged in the accident you can add them to your claim.

• Get Estimates For Car Repairs

  Your car insurance adjuster will tell you more about what you need to do to get your car repaired, but in general you should get three estimates from body shops to see what it’s going to cost to fix your car. You can include the cost of car repairs in your claim if you don’t have auto insurance. If you have auto insurance you may only be able to get reimbursed for your car insurance deductible.

• Talk With A Lawyer

  You should always speak with a car accident lawyer. Only an attorney that has experience in car accident cases can give you personalized advice based on your unique situation. You need to know everything that you’re entitled to and you need to get advice from someone who knows the laws in your state regarding accident liability.

• File A Claim  

  When you’ve talked to an attorney and assembled all of your documents, evidence, and timeline you can file a claim. You may be eligible for a wide range of compensation, even compensation for lost wages if you can’t work because of injuries from the accident or because you can’t get to work without your car.

How Long Do I Have To File a Car Accident Claim?

You can’t wait indefinitely to file a claim for damages after a car accident. The amount of time that you have to file a claim after a car accident depends on the state you live in. Every state has a different statute of limitations when it comes to car accidents. In most states you have between two and three years after the accident to file a claim for damages against another driver because they were involved in an accident with you. If you have ongoing medical problems as a result of the accident you should save all of your receipts so that you can be reimbursed for any money that you’ve had to spend out of pocket.

Negligence In a Car Accident

Negligence refers to who is at fault for the accident. Sometimes one driver is at fault for the accident, but in other cases both drivers may bear some responsibility for the accident. The amount of damages that you are awarded can depend on the amount of legal negligence assigned to you in the accident. Every state uses a different standard of negligence to determine damages in a car accident. There are three types of negligence:

Comparative Negligence

If your state is a comparative negligence state that means you can be awarded damages in the event of an accident but the amount of the damages will be reduced in proportion to your assigned negligence value.

Modified Comparative Negligence

If your state is a modified comparative negligence state you can be awarded damages only if the other driver is found to be at least 50% responsible for the accident.

Contributory Negligence

If your state is a contributory negligence state you can’t be awarded damages at all if you are found to be in any way negligent or in any way responsible for the accident.

What Damages Can I Seek In a Car Accident Claim

If you are in a car accident you can file a claim to seek damages for:

• Bodily Injury/Medical Costs
• Car Repairs/Car Replacement
• Lost Wages
• Permanent Disability Injury/Loss of Consortium
• Wrongful Death- if someone you are related to died in the accident
• Pain and Suffering
• Personal Property Damage/Replacement

What Is the Average Car Accident Settlement?

The amount of money that you could receive in damages depends on the severity of the accident, injuries incurred as a result of the accident, and who is assigned fault for the accident. The best thing to do is speak to a personal injury attorney for advice on your personal situation.

Do I Need a Car Accident Attorney To Settle My Claim?

You don’t need to have an attorney to settle your claim. But there are some big advantages to getting legal help from an expert that specializes in personal injury and car accidents like:

• Professional negotiator to fight for you
• Make sure you know all the damages you’re entitled to
• Someone to help you file your claim
• Someone to help you understand your rights

How Much Does An Auto Accident Attorney Cost?

You don’t have to pay anything up front to speak with a local auto accident attorney. An auto accident lawyer is paid on a contingency basis. That means they don’t get paid until you are awarded a settlement. And when you are awarded a settlement the typical contingency fee for an auto accident lawyer is 33% of the amount of the settlement.

Speak With A Car Accident Attorney

Fill out a Free Case Evaluation now to be connected with a local auto accident attorney who can help you file a claim for damages.