AUTOMOBILE ACCIDENTS FAQ

What should I do if I’m in an auto accident?

Of course, your physical welfare and that of your passengers is paramount.  If the accident has been significant enough to potentially result in injuries, call for immediate assistance.  Sometimes the adrenaline rush and shock of an accident will disguise the existence of injuries that may manifest themselves later.  It is better to err on the side of caution and be checked out for potential injuries as soon as practicable rather than to take the chance that a latent injury will go undetected and untreated and cause aggravated or even permanent harm that could otherwise have been avoided by earlier attention.  Be sure your vehicle is not causing further danger by getting it out of traffic if it is drivable.  Get the name and “anchor information” including insurance information of the other driver and other passengers.  Get the names and contacts for any witnesses.  Explain the circumstances to the investigating police officer as simply and clearly as possible.  If a camera is available (even a cell phone camera) it is a good idea to get pictures of the scene, the other vehicles (including license plates) and witnesses for further reference.  Follow up should include getting a copy of the police report as soon as it is available, and notifying your own insurance carrier of the accident.

Why contact a lawyer?

If the accident has resulted in significant property damage or personal injury a lawyer specializing in automobile litigation can be a valuable asset.  Most lawyers will interview the client, make an evaluation of potential legal issues, and provide some preliminary advice on a “free consultation” basis for this initial contact.  Our firm follows this practice.  We will discuss the available facts and legal considerations in an initial interview, and make a determination as to whether or not we can be of service.  If you decide to employ us as your legal representative, we will represent you on a contingency fee basis.  We charge no hourly fees, but instead get paid out of any successful recovery we make on your behalf.  Typically our fees are 1/3 of the recovery.  The role of the lawyer includes the following:

Accumulating all the background facts, witness statements, police report, medical and insurance information necessary to evaluate the legal issues and make an assessment of both the favorable and unfavorable aspects of the case so that you know what your rights are and what the likely outcome of the case will be.

Negotiating with the insurance company or opposing legal counsel to advocate your interests and obtain the highest level of compensation for your injuries.  (It hardly needs to be said that insurance companies are not in the business of generously paying full value of claims, they are in the business of trying to get claims settled for as little as possible.)  Often, the fair and full value for claim can only be obtained through the threat, or the reality, of a lawsuit.

Prosecution of a case through trial if necessary, including taking depositions of witnesses, retention of experts, coordination of medical treatment and medical witnesses, and ultimately the collection of a favorable judgment.

Not every automobile accident justifies the hiring of a lawyer.  However, in our experience, if you are involved in a serious accident it is almost always the case that you will recover damages at a much higher level with legal representation than if left to deal with the claim on your own.

How much time do I have to deal with all this after the accident?

The statute of limitations for personal injuries arising out of an automobile accident in the State of California is two years from the date of the accident.  Under certain unusual circumstances the statute may be extended (minor plaintiff, mental disability or incompetence, etc.) but the two year statute should be viewed as the rule.  This is not to suggest that if you are injured in an automobile accident you should wait up to two years to file a claim - indeed that kind of delay will almost always be to your disadvantage.  Instead, follow the common sense approach that your best case is made when the events are fresh, witnesses can be located, memories have not faded.  If physically or mentally able, in is our opinion that steps should be taken to consult with an attorney within 30 days at the most following a serious injury.  If the injured person is not able to do so, then someone should do so on their behalf.

What about insurance issues?

There can sometimes be a baffling array of insurance issues that are raised following an automobile accident.  Both your own insurance carrier, and any coverage applicable to the other driver will come into play.  Of course, you should always notify your own carrier as soon as possible in order to avoid any argument that your benefits might be withheld or denied for your failure to follow insurance policy guidelines in that regard.  If the other party is uninsured, or if their insurance limits are lower than yours, you may be entitled to “uninsured” or “underinsured” motorist coverage under your own policy of insurance.  You may also be entitled to “medical payments” benefits under your own policy that would pay for medical expenses up to a pre-determined limit.  Certainly your health insurance will also be involved in your claims, as might disability insurance benefits attendant to a disability policy, or sometimes as additional coverage under life insurance policies.  Finally, if the injury was suffered while you were in the course and scope of your employment you may have a worker’s compensation claim.  When you discuss your case with a lawyer, it is extremely helpful to have all of your insurance policy materials available for review since your own coverages will have substantial impact on how the claims are ultimately resolved.