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Car Accident FAQ’s

A car accident can significantly impact all aspects of your life, including leaving you confused and with a lot of questions. Although an experienced car accident attorney can best answer your questions, below are answers to questions commonly asked by car accident victims.

What do I do immediately after an accident?

The steps you take or fail to take immediately after a car accident can impact the outcome of your claim. The most important thing to remember if you have been involved in a car accident is not to leave the scene of the accident; otherwise, you could face criminal charges.

The first step you should take after an automobile accident is to call 911 if you or someone else has been injured. You should also call the police and file an accident report. It is important not to admit liability, since this is a legal matter and should be properly investigated later. You should obtain the name and contact information for all parties involved in the accident and any witnesses to the accident. It is also a good idea to take pictures to document vehicle damage, road obstructions and injuries.

What information do I need to have to file a claim?

In order to successfully file a claim after being involved in an automobile accident, it is important that you obtain as much information as possible. Important information generally includes, the contact information for all parties involved in the accident, the contact information for any witnesses to the accident, a detailed explanation of how the accident occurred, photographs of the scene of the accident, and any other information that will help you prove the other party caused the accident.

What do I do if I was the victim of a hit and run?

If you have been a victim of a hit and run accident, you are no doubt hurt, angry and confused as to whether you will be able to recover compensation for your resulting expenses and damages. Similar to any other accident, it is important that you take certain steps to protect your legal rights, such as 1) call the police to file a report, 2) obtain the contact information of any witnesses to the accident, 3) document the scene of the accident, and 4) seek medical treatment.

If you have uninsured motorist (UM or UIM) coverage policy, you should also file a claim with your own insurance company. This provision in your policy allows you to recover compensation in the event of a hit and run accident.

What do I do if the other driver doesn’t have car insurance?

If you are involved in a car accident with an uninsured motorist, you may mistakenly believe that you have no recourse when it comes to collecting monetary damages for your vehicle and medical treatment. In actuality, you can seek compensation from own car insurance carrier, as part of your underinsured and uninsured motorist (UM or UIM) coverage policy. Unfortunately, if your State does not require your insurance policy to include UM or UIM, your only recourse may be to file suit against the uninsured driver personally. Some States have funds to protect parties affected by accidents involving uninsured drivers.

Should I accept a check from the faulty driver or the faulty driver’s insurance company?

The answer to this question depends on the specific facts of your case. However, the general rule of thumb is that it is best not to accept a check from the faulty driver or their insurance carrier until you have consulted with an experienced car accident lawyer. The reason is that after investigating the facts of your claim, your attorney may advise you that the true value of your claim is higher than what the negligent party or their insurance company is offering you. If you accept a settlement offer too soon, you may not be able to obtain the full value of your claim.

What if the faulty driver has inadequate insurance to cover all my damages?

If the faulty driver had inadequate insurance to cover all of your damages, you may be able to tap into your own underinsured motorist coverage policy. UIM/UM coverage is relatively cheap, but an excellent way to ensure yourself and your family’s health in the event of a serious accident. You should consult with an experienced car accident attorney to see if underinsurance coverage is applicable to your claim.

Can I reject a settlement offer?

The short answer to this question is yes. However, it is important to note that there are many factors that you should consider before accepting or rejecting a settlement offer from the negligent party or their insurance carrier. For instance, you should consider the extent of the injuries you suffered in the accident, the policy limits of the negligent party, whether the at fault party has other assets you can go after, and the extent of the medical bills you have incurred resulting from the accident. The bottom line is that the help of an experienced attorney can be invaluable when determining whether to accept or reject an offer from the insurance carrier.

Who pays my medical expenses while my case is pending?

When you’re injured in a car accident, typically no-fault insurance coverage will pay for your medical bills. If your no-fault policy limits are exhausted or further treatment claims have been denied, your attorney may also be able to refer you to doctors who will treat you on a lien.

Call an Experienced New York Car Accident Attorney

If you or a loved one has been seriously injured in a car accident that was caused by the negligent or reckless actions of another party, you may be entitled to monetary compensation. With the help of an aggressive car accident attorney, you can be confident that your legal rights will be protected and you will obtain the full compensation that you deserve.

For more information to consult with an experienced New York car accident lawyer, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.

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