Auto
Accidents
Protecting
yourself in an accident. If you are involved
in an automobile accident, these guidelines may help lessen
your legal risk and help assure your health and safety.
The first consideration must be for the safety
of everyone. In any accident situation, stop at once. Get
yourself and any others you can to a position of safety. But
do not move anyone with a back or head injury unless you absolutely
have to.
Check to see if the occupants of your car or
the other car are hurt, and call paramedics as needed. Call
the police in any accident situation. This is generally the
safest thing to do, even when damage is apparently minimal.
Get the names and badge number of police officers who respond
to the scene.
Do not make any statements about who you think
was at fault. Do not admit blame to the other parties or witnesses.
Liability is a legal question to be settled only after all
the facts have been gathered and studied. Give your name,
address, date of birth, car license, driver's license number,
and name of your insurance company and policy number to the
other driver. Get the same information from the other driver.
Write down the names and addresses of all passengers and possible
witnesses.
As soon as possible after the accident, notify
your insurance company. Do not admit fault or discuss the
accident with anyone but your insurance agent, the police,
and your attorney.
How do I get
a rental car?
If your car was
damaged in an accident and is not driveable, you will need
to obtain a rental car if you don't have other transportation.
Many insurance companies will not authorize rental cars on
a direct billing to them until they have verified liability
for the accident, by either interviewing their own insured
or reviewing a report filed by the investigating police officer.
If you are injured, you may want to see an accident
attorney and get help with a rental car. If you are not injured,
you can contact the insurance company for the party at fault
and request rental car arrangements, or you can contact your
own insurance company if you have rental car coverage on your
own policy.
You may have to rent a car on your own credit
card and get reimbursement from the insurance company. Some
companies offer special rates for rented cars in an automobile
accident case. Your lawyer can try to set up an arrangement
where the insurance company pays the rental car expense directly
to the rental car agency.
If you have questions about your rights regarding
rental cars, repairing or replacing your car, or other matters
relating to an automobile accident you may want to consider
getting advice from an accident attorney
What
if the other driver is not insured? If
you have been injured in an accident that was caused by a
driver who has no liability insurance, you should consult
with an accident attorney at once. Sometimes drivers who believe
they are not covered may in fact have insurance from another
source that will pay for injuries and damages caused in an
accident. It is also possible that the cancellation of that
party's insurance was wrongful, and an accident attorney may
be able to help you prove that the driver actually was covered
by insurance.
If you have uninsured motorist coverage on your
own policy, or are a member of a household where the insurance
coverage exists, you may be able to recover in full for your
injuries, medical bills, or lost earnings for the same amount
that you would have received if the other party had been insured.
An accident attorney can assist you in making this claim.
Your insurance company then has the right to pursue the party
at fault for reimbursement.
You may want to consult an attorney before contacting
your own insurance company and giving a recorded statement.
An accident attorney can more fully explain how uninsured
motorist claims work and the procedures that are followed
in such cases. If you are not injured, but your car is damaged
by an uninsured driver, have your own insurance company repair
your car under your collision coverage. If you do not have
collision coverage, you will have to make a claim against
the uninsured driver personally for damages.
Underinsured
motorists. If you are injured by another
driver, either in your vehicle or another person's vehicle,
and it is not your fault, and if your bodily injury claim
is worth more than the liability coverage purchased by the
driver at fault, your insurance company may pay the difference
between the value of your claim, and what you received from
the liability insurance of the driver at fault.
For example, let's say you have a bodily injury
claim worth thirty five thousand dollars and the driver at
fault has liability coverage limits of twenty five thousand
dollars. In this example, you would receive twenty five thousand
dollars from the liability coverage of the at fault driver,
and ten thousand dollars from the underinsured coverage on
your policy.
This is an important coverage as it protects
you and your family for catastrophic injuries you may suffer
in an auto accident.
There are other times when underinsured coverage
may benefit you. If you have a question regarding insurance
coverage, call a lawyer familiar with accident cases. Many
lawyers provide free consultations to you.
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