Our Newsletter
WHAT TO DO IF YOU’RE IN AN AUTOMOBILE ACCIDENT
Fall 2007
There are approximately 12 million car accidents in the United States each year. It is a disturbing fact that you or someone you know is likely to be involved in an auto accident. Take a few minutes to read the answers to these frequently asked questions about accidents.
What Should I Do If I Am in an Accident?
See the accompanying article for a helpful checklist of “do’s and don’ts” if you are involved in an accident.
How Are Insurance Claims Handled?
As soon as possible after the accident, contact your insurance company. If the accident was the other driver’s fault, your claim should be paid by his or her insurance company. If the other driver does not have insurance, or does not have enough insurance, your insurance company may pay your claim, depending on what kind of coverage you have.
Some insurance companies will tell you that you don’t need an attorney to represent you if you are injured in the accident. This is bad advice. Never give an insurance company official statements about the accident without consulting with us so that we can protect your rights.
What About Property Damage Claims?
Most property damage claims are handled quickly and efficiently and usually do not require a lawyer. If the accident is not your fault, the other driver’s insurance should pay to fix your car, unless it would cost more to fix your car than it is worth. If this is the case, your car is “totaled,” and you will receive only the market value of your car before the accident. Many repair shops will help you by providing free repair estimates for insurance purposes.
What If I Am Injured?
As with property damage, if the other driver is responsible for the accident, he or she is also responsible for your medical bills. If you have been injured, it is important to see a doctor as soon as possible. Remember: An injury may not appear until long after the accident.
Do I Need an Attorney?
If you were not hurt, or if the only damage suffered is property damage, you probably will not need an attorney. However, if you have been injured or have missed work, you should contact us immediately to help you get your fair due from the insurance companies. Unfortunately, many insurance companies make it difficult to recover for certain kinds of injuries (such as whiplash) without a lawyer’s help.
How Much Will It Cost to Get Legal Help?
Most attorneys who handle personal injury lawsuits do so on a contingent fee basis. This means that you do not have to pay for the attorney’s services out of your own pocket, but instead the attorney will receive a share of the recovery if you are successful. If you don’t win, you don’t pay. We believe that you deserve good legal help even if you do not have a lot of money.
What Is My Claim Worth?
The answer depends on a number of different factors. You should be compensated for your medical bills and lost wages, both past and future. You also should recover something for the pain and suffering the accident has caused you. If your injuries are serious enough, they may affect you for the rest of your life, and so you should be able to recover for your lost earning capacity.
How Long Will It Take to Settle My Claim?
Many cases settle quickly, to everyone’s satisfaction. Others continue for months or even years, depending on whether there are disputed facts and on the amount of medical treatment you require. Still other cases cannot be settled without a trial, which may take longer.
Who Do I Talk to?
If you have been in an accident and have questions about whether you need a lawyer or whether you have a right to monetary damages, call us. Decisions that must be made after an accident are very important. We will be happy to talk to you about your case.
AUTO ACCIDENT CHECKLIST
STAY CALM
• Move yourself and your passengers out of harm’s way. Call the police.
• Assist anyone who is injured. Call for an ambulance if necessary.
• Get the name, address, phone number, and license number of the other driver(s) and car(s). Exchange insurance information. DO NOT discuss the accident (except with the police), but DO make notes of anything the other driver(s) says about the accident.
• Get the names, addresses, and phone numbers of any witnesses.
• Get photographs of your vehicle, contact your insurance company, and write down everything you remember about the collision ASAP.
• Contact our firm to discuss your legal options.
INSURERS PLAY HARDBALL
Month after month, you pay hundreds of dollars in insurance premiums, expecting that if you have an accident your insurer will cover the bill. Unfortunately, this expectation all too often goes unmet because insurers play hardball in accident claims.
For the past decade or more, many insurers have taken a tough stance on paying so called “soft tissue” claims—those claims where the injury does not show up on X rays, such as whiplash. This stance is sometimes called the “Three Ds”: Deny the claim, delay the settlement, and defend in court.
So why the tough stand? The answer is simple: MONEY. For every dollar not paid out in claims, the insurer makes another dollar in profit. The fact that its insured gets dragged into court on a relatively minor claim does not seem to bother the insurance company, nor does the fact that an injured person goes uncompensated.
Insurers are paying less and less in claims, but continue to increase premiums. Why? Again, the insurers have done a good job of convincing people that liars and cheats who make false or inflated claims are actually costing them millions of dollars a year. This is also part of their strategy: Make the victims look as though they are trying to defraud the insurers, and make the lawyers who represent the victims look greedy.
The sad truth of the matter is that, as long as people let insurers get away with this strategy, insurers will continue to use it. The only hope is that when enough of us have been treated unfairly, we won’t put up with it anymore.
WE APPRECIATE YOU
Thank you for choosing our firm for your legal needs. We hope that you will continue to count on us when you need legal help. We are just a phone call away. We also appreciate the trust that you have placed in us by referring your friends, family, and associates to us for legal services. Thanks! We never charge a fee on injury cases unless we recover money for you…its that simple!
If you are interested in receiving help on your potential case, please contact us for Free Case Evaluation (Secure Online) or call The Brooks Law Group at 1-888-We-Mean-It.
Please be sure to provide us with as much information as is reasonably available. The quality of our evaluation is dependent upon the accuracy of the information you provide to us.
Any initial consultation with the Brooks Law Group is free. For more information, call us at 1-888-We-Mean-It, or by e-mail. |
