Frequently Asked Questions About Automobile Accidents
Please remember that these questions and answers are intended to assist you in trying to determine what to do next. Usually that is calling a lawyer.
- Should the police be called after a car accident?
- What information should I get at the accident scene?
- Should I talk to the witness?
- What is contributory negligence?
- Should I call my own insurance company?
- What if the other driver does not have insurance?
- What happens if the other driver leaves the accident scene before I can get his or her name, or even tag number?
- My insurance company insists on taking a recorded statement, what should I do?
- The other driver's insurance company wants a recorded statement, do I have to agree?
- My car will not operate because of the accident, can I get a car rental?
- I do not think the accident is my fault, but the other insurance company is still investigating the facts, What can I do to get my car fixed in the meantime?
- The car rental company wants to charge me $7.50 a day for insurance, do I need to purchase this?
- The insurance company appraiser said my car is a total loss - what does this mean?
- On the day of the accident I thought I felt OK. Then the next day my neck and back were really sore. If I go to a doctor for treatment, can I still be compensated?
- The insurance company recommended a doctor, should I see him?
- What type of compensation is someone entitled to after an accident?
- What is a statute of limitations?
- Do I need an attorney?
Should the police be called after a car accident?
Yes. It is important to have an officer come to the accident scene. He will generally write an accident report and help you get information from the other driver. In some cases it is imperative that the police be called, such as hit and run accidents.
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What information should I get at the accident scene?
Anything you can. The other party's name, address, license number, insurance company and vehicle information. Witness name and address. Our accident forms should give you an idea of what you will need. If you print the two-page form and keep it in your car you can reference it if you are in an accident.
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Should I talk to the witness?
Yes. Find out their name, telephone number and address. If you feel uncomfortable talking about details at the accident scene, then have your lawyer or insurance company call the witness later. You must though at least get their telephone numbers and names. You should have this information regardless of whether you believe the witness is favorable or not.
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What is contributory negligence?
If your own negligence was a partial cause of the accident, you will barred from any recovery under the doctrine of contributory negligence. Only a few states still recognize this doctrine, unfortunately Maryland, Virginia and D.C. are among them. The doctrine is especially unfair when the other party is 90% at fault, and you can still not be compensated for injuries and damages.
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Should I call my on insurance company?
Always. You are under a contractual obligation to give your insurance company notice of an accident within a reasonable time. The other insurance company can deny coverage years after the claim is first made. You want to have properly reported the accident to protect your possible uninsured motorist claim.
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What if the other driver does not have insurance?
As long as you, or the car you were in, had insurance, you need not worry. All policies in Maryland, Virginia and D.C. must include uninsured motorist coverage. Your insurance company will then be responsible for all your damages, including pain and suffering and property damage.
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What if the other driver leaves the accident scene before I can get his or her name, or even tag number?
First, call the police. In most Maryland policies, you are required to report a hit or run accident within 24 hours to the police in order to make the claim. Even if the police do not come to the scene, you must at least call them and report that you have been in an accident. The claim is then handled by your insurance company as an uninsured motorist claim.
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My insurance company insists on taking a recorded statement, do I have to agree?
Yes and no. How about that for a lawyer answer. You do need to cooperate with the insurance company in the investigation of your claim. This can include giving a recorded statement. The no part of the answer is DO NOT DO ANYTHING UNTIL YOU TALK TO A LAWYER!
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The other driver's insurance company wants a recorded statement, do I have to agree?
Never, unless your attorney consents, prepares you and monitors the statement. These statements, regardless of insurance company claims to the contrary, are never the difference between them paying or not paying a claim. You have no legal obligation to give a statement, the carrier will always, if possible, use the statement against you.
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My car will not operate because of the accident, can I get a car rental?
Loss of use of your vehicle is a recognized damage for which you have a right to be compensated.
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I do not think the accident is my fault, but the other person's insurance company is still investigating the facts. What can I do in the meantime to get my car fixed?
If you have collision coverage on your car use it. Your insurance company will fix the car and attempt to recover both the money they pay and your deductible through a process called subrogation.
If you do not have collision coverage move your car to a place that will not charge storage. You may need to repair the car yourself, and ask the other insurance company to reimburse you. If the company does not agree it may be necessary to litigate this part of your claim.
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The rental car company wants to charge me $7.50 a day for insurance. Do I need to purchase this?
Not if you have collision coverage. Your insurance will cover the car rental while your car is being repaired.
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The insurance company appraiser said my car is a total loss - what does this mean?
If the cost to repair your car is greater that the value of your car, then the vehicle is a total loss. The legal doctrine of mitigation of damages applies - the carrier is only responsible for the least reasonable amount of damages. The decision to total a vehicle is theirs to make.
The value of your car is set by the market. Guides such as the NADA of Kelly Blue Book are one way to determine value. Some insurance companies will call local dealers to get quotes on cars or similar make, model, year and condition. The Kelly web site is a good place to start to find out what the value of your car is.
Unfortunately, people often owe more than the value of their car. The market value will decrease faster than the balance of their financing agreements or leases. In these cases you need to contact the lien holder and attempt to refinance the balance owed. Edmunds offers on-line information about the value and costs of new and used cars, as well as tips on looking for a new or used car.
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On the day of the accident I thought I felt OK. Then the next day my neck and back were really sore. If I go to a doctor for treatment, can I still be compensated?
This is very common. Most doctors agree that it can take up to 72 hours for soft tissue injuries to become symptomatic. Some other medical providers believe that in some cases it take a week or longer. If you are feeling pain one, two, three or more days to feel pain, still go and see a doctor. If you wait to long after the onset of pain it may make it more difficult to convince a jury that the problems you have are from the accident. Although, never make a decision to see a doctor based solely on that. If you are hurt, go to doctor.
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The insurance company recommended a doctor, should I go see him or her?
If you can be sure of anything in personal injury it is that insurance company hired doctors are as cynical as the insurance carriers. If the doctor starts with the assumption that you were not hurt, then you have a right to question the treatment and consideration the provider would give you. Do not see an insurance company doctor for treatment.
Your no-fault carrier has a right to have you examined by a doctor of their choice. Consult with your lawyer if you are asked to participate in such an exam.
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What type of compensation is someone entitled to after an accident?
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The following are all examples of what someone is entitled to after an accident:
- Property damage;
- Medical bills, past and future;
- Lost wages, past and future;
- Rehabilitation costs, including vocational rehab;
- Pain and suffering (emotional trauma)
The amount your case is worth depends on the severity of your injury. Most back and neck injuries will resolve, without residuals, within eight weeks. Other injuries can result in surgery. Value of the case depends on the injuries, extent and duration, and other losses you suffered.
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What is a statute of limitations?
This is the time proscribed by law in a jurisdiction to bring a claim. For example, in Maryland and the District a claim must be brought within three years. In Virginia the statute is two years. If the period passes and suit is not brought then you are barred from recovery. The statute for minors usually begins to run after the child has turned eighteen.
There are different statutes for claims against governmental entities, administrative claims and medical malpractice claims.
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Do I need an attorney?
Yes. An attorney can help you recover your lost wages, property damage, medical bills and pain and suffering.
Also, the only way to get fair compensation is through an attorney. Only an attorney knows what your case is worth. At Paul Klein and Associates we have handled 12,000 personal injury cases. We have the experience to see your case through a successful conclusion.
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