Frequently Asked Questions About Motor Vehicle Accidents
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- What if the other driver’s insurance company is attempting to contact me immediately after the accident? Should I speak with them?
- What if the insurance claims adjuster promises me that I will be well taken care of, should I still exercise my right to consult with an attorney?
- If I was involved in a car accident and do not have health insurance how can I pay for my medical bills?
- If I was involved in a car accident and the negligent driver’s insurance company is delaying payment for the damages to my vehicle, what are my options?
- If I was involved in a car accident and my car is considered a total loss, is the negligent driver’s insurance company responsible for paying the balance of my car payment?
- Can I make a personal injury claim if the responsible driver did not have automobile insurance?
#1 What if the other driver’s insurance company is attempting to contact me immediately after the accident? Should I speak with them?
No. Many people make critical legal mistakes when speaking directly with the insurance company. If you give a statement to the insurance adjuster without the benefit of legal counsel you may say something that will be used or twisted by the insurance company for the purposes of denying your claim. Sometimes the mistake is so critical that even an experienced attorney afterwards cannot undue the damage done. You will be best served and protected if you immediately contact an experienced personal injury lawyer who will then be able to return the call of the insurance company on your behalf.
#2 What if the insurance claims adjuster promises me that I will be well taken care of, should I still exercise my right to consult with an attorney?
Yes. Insurance companies train their adjusters and investigators to gain your confidence and make you feel like you do not need an attorney or that if you contact an attorney it will result in delays or a reduced recovery. This strategy is designed and tested to work to the benefit of the insurance company and not to your benefit. Beware of the insurance company’s “nice guy” approach. Contact our experienced attorneys immediately so that your legal rights will be properly protected.
#3 If I was involved in a car accident and do not have health insurance, how can I pay for my medical bills?
The negligent driver’s insurance company will not pay your medical bills until you settle your case. Your own automobile insurance policy may have medical payment coverage, which will pay a certain amount of your medical bills regardless of fault. There may also be other possible coverage. You should consult with your experienced attorney to explore all of the payment options that may be available to you.
#4 If I was involved in a car accident and the negligent driver’s insurance company is delaying payment for the damages to my vehicle, what are my options?
In many situations your attorney will be able to work out a property-damage-only settlement while your personal injury claim is pending. If this cannot be done, it is recommended that you use your own collision coverage to have your vehicle repaired. You will be responsible for paying your deductible, however, your insurance company will eventually reimburse your deductible when it recovers money from the responsible party.
#5 If I was involved in a car accident and my car is considered a total loss, is the negligent driver’s insurance company responsible for paying the balance of my car payment?
No. The insurance company is only responsible for paying the fair market value of your car. Any debt you may owe in excess of the fair market value of your car is your responsibility. When purchasing and financing a car, it is recommended that you look into purchasing “GAP” insurance. This type of insurance will pay the balance of your car payment after you have received a settlement for the vehicle’s fair market value.
#6 Can I make a personal injury claim if the responsible driver did not have automobile insurance?
Yes. As part of your own automobile insurance policy you have “uninsured motorist” coverage. This coverage basically requires that your own insurance company becomes the insurance company for the responsible party for the purposes of adjusting and settling your personal injury claim. There are many legal considerations to be made in prosecuting this type of a claim. Therefore, it is highly recommended that an experienced personal injury attorney represent you. Over the years, our firm has handled many uninsured motorist claims with excellent results. Contact our personal injury attorneys at 847-564-0285 in order to discuss your options.