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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