Many
people panic when they are in an auto accident. They
worry how it will affect their insurance rates and other matters.
Sometimes, panic causes people to say things they will later regret
and to overlook information that would be helpful if a dispute arises
regarding the accident.
Here are some steps to follow if you are in a car accident.
They can reduce the hassles and increase your chances of receiving
fair compensation for any damages.
Call an ambulance for anyone seriously
hurt
Write down the name, address, home
and work phone numbers, driver's license number, and insurance
company of the other driver and the other car's owner (if the
other driver does not own the car).
Write down the names, addresses and
home and work phone numbers of all passengers in the other car.
Write down the other car's make, year,
and license number.
Write down the names, addresses, and
home and work phone numbers of all witnesses.
Make a diagram of the accident.
Show the positions of both cars before, during and after the
accident. If possible, measure skid marks, and show them
on the diagram. Be sure that your diagram shows traffic
signals, stop signs, and crosswalks.
Make notes on the weather and road
conditions at the time of the accident. Also make notes
on where and when the accident took place.
Do not admit responsibility for the
accident. Things you say can be used against you later and can
jeopardize the outcome of your claim. Call us before you
take any blame for the accident. You may think that you
caused the accident and then learn that the other driver was
more at fault than you.
If a dispute arises regarding
the accident, or if you have any questions about your right to make
a claim for your personal injuries or your property damage, call
us. Procedures for obtaining compensation can be very complex.
It is best to contact us as soon after the accident as possible,
since there are time limits for making claims.
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People who have been in an accident must decide whether to make
a claim. Sometimes they ponder this question a long time before
deciding. When considering whether to make a claim, people
must also think about statutes of limitations.
Statutes of limitations put time limits on when actions
may be brought. If you wait too long to make a claim, and
the statute of limitations passes, your claim will be denied --
even if it was valid.
Recently, a woman who was hurt in a car accident made
a claim to recover damages for her injuries. The court noted
that the statute of limitations where the woman lives is one year.
Since over one year had passed between the date the woman was injured
and the date she filed suit, her claim was dismissed.
Different statutes of limitations apply to different
kinds of claims. Also, statutes of limitations for the same
kinds of claims can vary from state to state.
Harsh Results
Statutes of limitations have harsh results. Thus,
when considering whether to make a claim, call a lawyer promptly
to assure your claim is not lost by delay. Also, even if it
seems like a claim arose long ago, there could be grounds to overcome
the statute of limitations. People with potential claims may
still consult a lawyer to see if a claim can be made.
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Study Shows Using a Lawyer Results
in Higher Money Awards
People in car accidents are
often advised to get legal help to make sure their rights are enforced.
A recent study showed two other key reasons for seeking legal help
if you are in an automobile accident -- you have a better chance
of recovering money and you will likely get more money.
The study, done by the Rand Institute, found that car
accident victims who hire attorneys receive about 25% more money
than those who do not hire attorneys, even after deducting all costs.
The study also found that using a lawyer increases an auto accident
victim's chances of recovering money to almost 95%.
Auto Insurance Tip: Carry
Uninsured Motorist Insurance
Auto accidents involving drivers
with no or very little insurance are common. Victims of these
accidents are often shocked to learn they may not recover enough
money to pay for all of their injuries and losses. To avoid
this tragic situation, carry an adequate amount of uninsured and underinsured motorists insurance. These types of
insurance are inexpensive and will protect you in the event of a
car accident with an uninsured or underinsured driver.
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1. Can't I just handle my personal injury case without a lawyer?
The obvious answer is yes. But you most often will hurt your case and greatly diminish its value. Remember, insurance companies love dealing with claimants not represented by an attorney. They will not offer what your case is worth and by the time you do retain a lawyer, your case may have been damaged by your attempts to settle it on your own.
2. Will I owe the attorney money if my case doesn't settle?
No. Our office works on a contingency fee basis in personal injury matters, which means if we don't recover money for you, then you don't owe any attorney's fees.
3. How long will my case take to settle?
There's no general rule here. It depends on several issues such as liability, the extent of your personal injuries and the settlement position of the insurance company. However, many case can be settled within six months or less from the time the claim is made.
4. What if I didn't have insurance at the time of accident?
Under Texas law, you are required to carry liability insurance while operating a vehicle. However, if you didn't have insurance at the time of the accident, you are still entitled to recover damages for your vehicle and for your medical bills.
5. What if I'm not a US citizen, do I still have a case?
Yes, you are not required to be a citizen in order to recover damages for your accident. We have successfully represented thousands of cases where our clients are not US citizens.
6. Do I have to find my own doctor?
No. We can refer you to a doctor to treat you for your injuries. We have referrals to orthopedic surgeons, chiropractors, and other health professionals.
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