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VEHICLE ACCIDENT FAQ’s
1. I can't afford an attorney! In auto accident cases where you were not at fault you don't pay the attorney any money until, and if, you win your case. If you do win, they are likely to request ⅓ of the settlement, plus cost, if you lose you don't owe the attorney anything.
2. What should I do if I'm hurt in an accident? First and foremost, get medical attention. At the same time, if you're able you should be creating a record that will help protect your claim. File a police report, either at the scene or as soon as possible afterward. Try to get names and contact information from any witnesses. If you're able, write down exactly what happened as soon as possible after the event. Accident scene photographs often provide valuable evidence that can't be duplicated after the fact. And, of course, talk to a personal injury lawyer as soon as possible so that you can get advice about how to proceed, what kind of records you should be keeping, and how to handle the inevitable phone calls from the other party's insurance company.
3. Why do I need no fault insurance? Almost ½ of all states legally require this insurance. It helps to eliminate liability claims in smaller accidents by exchanging direct payment by the injured's insurance company. It doesn't, however, cover auto damage so a claim should still be filed for this.
4. Is it true that if I rear end a car that I'm at fault? Almost always the answer is yes. The law says that you have to be able to stop safely if a car stops in front of you.
5. How long will it take to get money in my case? Getting to court for a vehicle accident can take about 2 years in most cases. However, majority of cases are settled within one year from date of the accident.
6. I didn't go to the doctor right away and now I have pain? You should always see a doctor after an accident even if you're not feeling pain right away. Be sure to document when you noticed the pain and when you went to the doctor.
7. Do I need an attorney? It is in your best interest to hire an attorney. Most insurance companies typically pay less to non-represented individuals.
8. The other driver doesn't have car insurance; how am I supposed to collect money from him now? Often times a person's personal assets will come into play in a case such as this.
9. Will my insurance company pay for my medical bills while I wait to go to trial? Often times, yes, to a certain amount and then they will get reimbursed once the case is complete. This depends if you have medical payment coverage.
10. How am I supposed to get back and forth while my car is in the shop? Check your insurance policy; many will have a clause that allows you to rent a car. Be sure to track the expense involved as this is considered a cost that you suffered.
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11. I can't work; can I file for unemployment even though litigation is pending? Yes.
12. My car hit a pothole; who is responsible? Typically the city.
13. How much money can I expect to get in a settlement? The award is directly related to the costs incurred, the injury suffered, and liability.
14. Should I settle ahead of time? This varies from each case and each individual. Know that going to trial can take months, but many times in return the judgment in court is larger than in a settlement.
15. The other driver's insurance company offered me money. I haven't even hired an attorney, but I could really use the cash. Should I take it? No. Tell the insurance company that you'll get back to them. In the meantime, contact an attorney immediately. Often times an insurance company will offer a minimal amount of money in return for your signature stating that you won't sue them. Never take an insurance check without first consulting an attorney.
16. Will I have to go to court? If the insurance company agrees to pay what we believe your case is worth, and you wish to settle for that amount, then you don't have to go to court. Some personal injury lawyers just try to settle your claims quickly and do not want to go to trial. If the insurance company refuses to pay the acceptable amount, then we have to proceed in court. SOCALAAA knows how much you're entitled to and we make sure you're fairly compensated for your injuries and losses.
17. When should I call a lawyer? Immediately after your injury would be ideal. If it's past that point and you haven't already contacted a personal injury attorney, the second-best time would be now. Simply fill out our form in the home page or call us toll-free at 1 (877) 698-2545, and we'll set you up a free consultation. Every state has different statutes of limitations-time periods that can forever bar you from bringing a personal injury claim. Even if you're well within the limitations period, though, timely legal advice can be critical. If you've browsed the site, you know that there's a lot to think about, who you can and cannot talk to, and the necessity of following your doctor's advice to the letter, just to name a few key issues. Getting advice and guidance from a personal injury lawyer as early as possible will help you avoid mistakes that could later harm your personal injury case.
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