Car Wreck FAQ’s
Q: But, it was the other driver’s fault. Should I give a recorded statement?
A: Most often, the investigating police officer does not see the car wreck. The police report is usually based upon what you; the other driver and possibly witnesses say what happened. The police report is not he final decision. Even if , the other driver admits fault, why does the insurance adjuster want your recorded statement? The insurance adjuster will also form an “opinion” as to what happened. The recorded statement is how the insurance adjuster finds a way to blame you for some or all of the wreck. DON”T GIVE A STATEMENT TO THE ADJUSTER. Then, the adjuster will argue that you do not deserve fair compensation, or compensation at all for your property damage, lost wages and other loses. Worse yet, smart adjusters will tell you, “don’t worry,” we’ll get your car fixed, maybe even offer you a rental car, and assure you they will pay for the medical expenses. Only later you find out, the adjuster has decided that the wreck was some of all your fault, not pay for your rental car, property damages, medical expenses, lost wages, or for other loses. The adjuster’s opinion is not the final decision. This is why you should hire an experienced personal injury attorney as soon as possible. The sooner you call us, the less likely this will happen. 1-800-33-LEGAL; (1-800-335-3425); 903-892-2529
Q: What is the insurance adjuster’s job?
A: Simply put, the adjuster’s job is to pay you as little as possible, even better for the insurance company; nothing at all. Adjuster’s get pay raises, promotions, all expense paid vacations the faster your file is closed, the more files they close and when they pay as little as possible. That’s why the adjuster wants you to settle quickly and without an experienced personal-injury attorney. I know and the insurance adjuster knows that injuries are often more serious that first thought. Often, car wreck victims go to the emergency room only to hear from a physician’s assistant or doctor that you don’t have any broken bones and you should be “OK”; prescribe pain pills, muscle relaxers and other medications. This is when the insurance adjuster moves in and wants you to settle. This is a bad idea. First, medications often impair your ability to think clearly, impair your understanding of your injury and pain; and you may be under the false assumption that you are going to be “OK”. Remember, emergency rooms are for life-threatening injuries, broken bones, and open wounds. Fortunately, most injuries are not life-threatening. But, two weeks, two months, half a year to year later; you come to understand that you may need neck or back surgery, knee surgery or some other serious medical procedure. It is very important that you thoroughly, promptly, medically investigate your injuries and DOCUMENT THEM APPROPRIATELY. Your failure to do so will only give the insurance company an argument not to fairly compensate you. If you fail to document your injuries appropriately, you will not be able to prove your injury so that you receive fair compensation. This is just another reason that you should hire an experienced personal-injury attorney. The sooner you call us, the more likely you will document your injuries as the law requires. This is the only way you will receive fair compensation. CALL US TODAY! 1-800-33-LEGAL; (1-800-335-3425); 903-892-2529
Q: Should I seek medical attention if I’m not sure that I am hurt?
A: It’s a good idea to get a medical checkup after an accident even if you don’t know if you have been injured. It is possible that you have soft tissue damage or other injuries and are not aware of them. It is important that when you make your claim to the other insurance company that you know all of your damages, which include your injuries. Once you settle of otherwise resolve your case, you can’t go back and get more money.
Q: What if the other driver does not have insurance?
A: If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries – if you have “uninsured motorist” or “medical payments” coverage. If the other driver’s insurance is not enough to pay for all of your damages, your own insurance may pay the difference – if you hae “uninsured motorist” coverage. If you do not have these kinds of insurance of if your damages are more than the policy’s limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. If you have collision insurance, it will pay for damages to your car, no matter who is at fault.
Q: What is a “contingency fee”?
A: A contingency fee is where the attorney takes a percentage of the actual money recovered for you. This provides a means for people to get lawyers without having to pay by the hour, which can add up to thousands of dollars. The risk-free fee structure provides access to the courts when it might otherwise be cost-prohibitive.
Q: Should I give a statement to the other insurance company?
A: Simply put, NO! What you sat to the insurance company can and will be used for their defense. By giving a statement without the benefit of a lawyer present, you are giving them a free shot at wiggling out of their liability. Seek legal counsel immediately and let your lawyer do what lawyers do best: fight for your rights.
Q: What do do if you are in an accident
A: This is our Glove Box Accident Information Checklist
1. Stay calm, do not leave the scene of an accident.
2. Call the police and or medical assistance if someone is injured.
3. If the police will not come to the scene, make a police report immediately with the local police department of the city where the accident occurred.
4. Seek medical attention if you suspect that you are injured. Often, very serious injuries are not immediately apparent.
5. Obtain the following information from the other driver(s) involved in the accident – name, address, phone number, drivers license number (including expiration date), license plate number, registration and insurance information, including the specific insurance policy number.
6. Seek out all witnesses to the accident and get their names, addresses and phone numbers.
7. If the owner of the other vehicle involved in the accident is not the same as the driver, you should also obtain the owner’s name, address, phone number and insurance information.
8. If the driver and/or owner of the other car does not have insurance, you can still file a claim under your own uninsured motorist coverage of your policy (if you have it).
9. Do not give a statement to anyone but the police at the scene.
10. Contact our office to make certain your legal rights are preserved. We offer a free consultation and would be happy to discuss you options with you. This should be done promptly, as you have one a fixed period of time to make certain your legal claims.
Q: What should I do if I have been in an accident?
A: The first thing you should do is obtain medical care, either at the emergency room or with your family doctor. The second thing you should do is call our office – 1-800-33-LEGAL; (1-800-335-3425); 903-892-2529
Q: What if I don’t feel hurt?
A: It is very common for a person to not “feel” an injury for several hours, or in some cases, several days, after an accident due to adrenaline or shock. If you think you might be hurt, give yourself the benefit of the doubt and go get checked out.
Q: I don’t really have a family doctor. Can you recommend a doctor for me?
A: Yes. We maintain an extensive list of competent doctors practicing in all areas around Dallas and Ft. Worth, Texas, including doctors who are specially trained to treat accident victims. If you live outside Dallas / Fort Worth, we can assist in finding a doctor in your hometown.
Q: What should I do in the event of an automobile accident or wreck?
A: It is very important to collect the information that will help prove your claim later. For a good checklist of the things you should do and not do at the scene, see our Glove Box Accident Information Checklist above.
Q: Someone representing a personal injury lawyer came to my home and said I should “sign up” with their attorney. Should I?
A: In most states, including Texas, it is a felony offense for a lawyer, or lawyer’s representative, to call you on the telephone or come to your home, hospital room, or anywhere else without your invitation and attempt to solicit your business. It is also a felony for an attorney or attorney’s representative to pay, or for any person to receive, money, gifts, or other compensation for referring a case to a lawyer or for becoming a client of a lawyer. Any person committing such acts should be reported to the state bar association and the District Attorney’s office.
