Frequently Asked Questions about Motor Vehicle Accidents
Q: Should I go see my doctor after I have been involved in an automobile accident?
A: If you have sustained any type of injury, even a minor one, as the result of an automobile accident you should seek medical attention as soon as possible. Even if you believe your injury to be only minor, your doctor will be able to properly diagnose your injury and ensure it is not worse that you think. Additionally, if you decide to bring a claim against an at-fault driver for your injuries you will need a doctor’s documentation regarding the extent of your injuries and your recovery.
Q: Will I have to go to court if I want to recover monetary damages?
A: Not necessarily. In some cases the parties involve settle because attorneys have the chance to file a lawsuit. Contrastingly, you may have to go all the way to trial to receive a verdict in order to collect compensation. Most cases are settled before they ever get to trial but each as is unique and your case will depend on the facts, the laws governing your state, and the parties involved.
Q: Will I still be able to receive monetary compensation if the accident was my fault?
A: If you live in a state that recognizes no-fault insurance laws you may be able to recover economic damages from your own insurance company, even if the accident was your fault. In states that do not have no-fault insurance laws it can be difficult to recover damages if your fault is found to be over a certain level. An experienced motor vehicle accident attorney in San Diego can advise you about the laws in California.
Q: How much will my personal injury case be worth?
A: Once you have contacted an attorney they will begin working with you to figure much your case is worth. Because it is sometimes difficult to judge how much your case will be worth, your attorney will review the circumstance of the accident, the state of the drivers involved in the accident, your medical bills, loss of income, the nature of your injuries, and the influence of the insurance companies. It will then be up to you and your attorney to decide how to proceed whether to purse legal action.
Q: How much time do I have after my accident to bring a legal claim against the other driver?
A: The short answer is not very much. You should speak with an attorney right away because any number of factors may influence your timeline. State laws, insurance policy guidelines, and the nature of injuries can influence the amount of time you have to file your legal claim.
Q: My insurance company has already offered to pay for my accident, should I accept their check right away?
A: It is important to know and understand your legal rights and options before you accept or sign anything from your insurance company. By accepting and cashing a check from your insurance company, you may be waving your right to sue later on, even if you need extra medical care or have to miss more work than you expected. Consult with an experienced automobile accident lawyer if you have any concerns about negotiating with your insurance company.
Q: The other driver, who caused the accident, didn’t have any insurance, what can I do?
A: Even though California law requires every driver to carry insurance, nearly 20% of people on the road have none. Because of this insurance companies offer uninsured and underinsured motorist coverage. If you have this feature on your automobile insurance coverage, your insurance company will compensate you after your accident.
Q: Can I take legal action against parties other than the at-fault driver?
A: When you have been injured in an automobile accident, there may be additional parties, besides the at-fault driver, who share in the responsibility for the accident. If the at-fault driver was drunk, and a business served alcohol to the visibly intoxicated driver before the accident occurred, you may be able to hold the business partly responsible. In addition, if there was a defect in one or both of the automobiles, the vehicle manufacturer may be partly responsible for the accident. You may also be able to hold the owner of the car liable if he negligently allowed an at-fault driver to use the car. Each of these issues requires proof of facts and can be very complicated. If you believe someone other than the at-fault driver may be responsible for your accident you should consult an experienced California motor vehicle accident attorney.
- Overview
- Frequently asked questions
- What to do if you are in an accident
- Injuries and Compensation
- Insurance Do's and Dont's
- Uninsured/Underinsured Motorists
