F.A.Q.

50 frequently asked questions about personal injury car accident claims
A personal injury car accident claim is a legal process through which an injured individual seeks compensation for damages and injuries sustained in a car accident caused by another party’s negligence or wrongdoing.
It’s crucial to initiate the claims process as soon as possible after the accident. Contact a personal injury attorney promptly to avoid missing the statute of limitations, which can vary by state and may limit your ability to pursue a claim if the deadline is missed.
You may be eligible for various types of compensation, including medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages.
While you can handle a claim on your own, having an experienced personal injury attorney can significantly increase your chances of obtaining a fair settlement. Attorneys understand the legal complexities, negotiate with insurance companies, and represent your interests in court if necessary.
The duration of a car accident claim varies based on factors such as the complexity of the case, severity of injuries, and cooperation from insurance companies. Some claims settle within a few months, while others may take longer.
Most car accident claims are resolved through negotiation and settlement with insurance companies. However, if an agreement cannot be reached, your case may proceed to trial, where a judge or jury will determine the outcome.
If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage can provide compensation for your damages, subject to the limits of your policy.
In many states, you can still pursue a claim even if you were partially at fault for the accident. However, your compensation may be reduced based on your degree of fault, following the principle of comparative negligence.
Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if they successfully recover compensation for you. Their fees are typically a percentage of the settlement, making it financially risk-free for clients.
Prioritize safety, seek medical attention, call the police, exchange information with other parties, gather evidence, and consult with a personal injury attorney as soon as possible. Avoid admitting fault and document everything related to the accident.
When selecting an attorney, consider their experience, track record, client reviews, communication skills, and fee structure. Schedule a consultation to discuss your case and ensure you feel comfortable working with them.
If your claim is denied or undervalued, an attorney can appeal the decision, negotiate with the insurer, or pursue legal action on your behalf to seek the compensation you deserve.
Yes, as a passenger, you can seek compensation from the at-fault driver’s insurance company or your own if they were uninsured or underinsured.
If you were involved in a hit and run accident, your own uninsured motorist coverage can provide compensation for your damages.
Yes, you can still pursue a claim if a car accident worsened a pre-existing condition. However, it may require careful documentation to distinguish between pre existing and accident related injuries
Yes, you can pursue a personal injury lawsuit against the at-fault driver to seek compensation for pain and suffering, which may not be fully covered by insurance.
The statute of limitations varies by state and can range from one to six years or more. Consult an attorney to understand the time frame applicable to your case.
If the at-fault driver’s insurance coverage is insufficient to cover your damages, your underinsured motorist coverage can help make up the difference.
If the at-fault driver is uninsured, your own uninsured motorist coverage can provide compensation for your damages, up to the limits of your policy.
While a traffic ticket can serve as evidence of the other driver’s negligence, it is not a guarantee of liability. You can still pursue a claim even if the other driver received a ticket.
It’s generally advisable to consult an attorney before giving a recorded statement to the insurance company. Insurance adjusters may use your statements against you later in the claims process.
Yes, you can seek compensation for emotional distress and pain and suffering resulting from the car accident.
Yes, if a defective part caused the accident, you may have grounds to pursue a product liability claim against the manufacturer
Yes, you can still pursue a claim if the accident was caused by another party’s negligence. However, not wearing a seatbelt can potentially affect the amount of compensation you receive, depending on state laws.
Jurisdictional issues can arise if the atfault driver is from another state. An attorney can help navigate the complexities and ensure you follow the appropriate legal procedures.
If the hit-and-run driver is not identified, you can still seek compensation through your own uninsured motorist coverage or other applicable coverage.
Proving fault often requires gathering evidence, such as photos, witness statements, accident reports, and expert testimony. An attorney can help build a strong case to establish the other driver’s negligence.
Claims against government entities or employees have specific procedures and timelines. An attorney with experience in such cases can guide you through the process.
Yes, if you have rental car coverage or if the at-fault driver’s insurance company accepts liability, you can claim compensation for a rental car during the repair period.
If the at-fault driver was operating a company vehicle at the time of the accident, you may have the option to pursue a claim against both the driver and the employer
Yes, you can seek compensation for anticipated future medical expenses resulting from your car accident injuries.
If your car was deemed a total loss, you can seek compensation for the fair market value of your vehicle before the accident.
Yes, you can claim compensation for lost wages resulting from the time you were unable to work due to your injuries.
It’s advisable to consult an attorney before accepting any settlement offer to ensure it adequately covers your damages
Yes, you can still claim compensation for pain and suffering, even if your injuries were relatively minor.
The value of your claim is calculated based on factors such as medical expenses, lost wages, property damage, pain and suffering, and the long-term impact of your injuries.
Yes, you may be able to pursue a claim against the government entity responsible for maintaining the road if the accident was caused by poor road conditions or defects.
Yes, you can seek compensation from the at-fault driver, and in some cases, you may also be eligible for punitive damages.
Yes, you can pursue compensation for property damage, regardless of whether you sustained injuries.
Consult an attorney to negotiate with the insurance company and seek a settlement that adequately covers your medical expenses and other damages.
Yes, you can still file a claim if you believe the accident was caused by factors such as road conditions or a defect in your vehicle.
Yes, you can seek compensation for loss of future earning capacity if your injuries have long-term effects on your ability to work and earn income.
An attorney can help negotiate with the insurance company to seek a fair settlement that adequately covers your damages.
Yes, if the hit-and-run driver is not identified, you can claim compensation through your own uninsured motorist coverage or other applicable coverage.
Yes, you can seek compensation for emotional distress and pain and suffering resulting from the car accident.
Yes, if a defective part caused the accident, you may have grounds to pursue a product liability claim against the manufacturer.
Yes, you can still pursue a claim if the accident was caused by another party’s negligence. However, not wearing a seatbelt can potentially affect the amount of compensation you receive, depending on state laws.
Jurisdictional issues can arise if the atfault driver is from another state. An attorney can help navigate the complexities and ensure you follow the appropriate legal procedures.
Yes, as a passenger, you can seek compensation from the at-fault driver’s insurance company or your own if they were uninsured or underinsured.
Yes, if you have rental car coverage or if the at-fault driver’s insurance company accepts liability, you can claim compensation for a rental car during the repair period.
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