Car accident claims

 

• 1FAQ About Car Accident Claims (USA)
• 2Car Accident and Legal Consequences
• 3How to Determine Damages After a Car Accident
• 4Car Accident Claims Discussion Forum
• 5Links and Resources

[top]FAQ About Car Accident Claims (USA)

Author: Craig Perry

Craig Perry is an attorney practicing law in the State of Nevada since 1989. As an attorney, his career began as an insurance defense attorney. In 1991, he began representing injured parties in accident and worker's compensation. He currently owns Craig K. Perry & Associates, where he continues to specialize in personal injury and workers compensation law. He also handles select criminal defense cases.

Blog URL: Craig Perry Law Firm, Las Vegas Nevada


Q: Do I have to be a U.S. citizen to make an insurance claim? A: No. U.S. citizenship is not a pre-requisite to making an insurance claim, even if you are not here legally.

Q: How long do I have to file a lawsuit? A: Each state varies. In many states, you only have two years from the date of accident; minors usually have more time (they have until they are 20 years old in the state of Nevada, for example). It is critical to check with an attorney to make sure you know the right time limit for your case. Failure to file in time will forever bar your case and your recovery.

Q: What is the minimum automobile coverage I must carry in my state? A: In many states you have to carry a minimum of $15,000 per person $30,000 per occurrence liability coverage. However, I recommend you carry more: med pay, UM/UIM, towing and car rental coverage. I believe you should carry at least a $50,000/$100,000 liability policy.You will be surprised how low the premiums are. Check with your insurance agent to compare prices. Don’t wait until you are in an accident before realize you needed more coverage. These rules are governed by each state. Some states are “no-fault” states, meaning you only insure yourself. Check with state officials or your insurance agent to determine the minimum coverages and the types of coverages you need to carry.

Q: If I am cited by police officer or trooper in an accident, can I still collect a settlement? A: If you are cited for an infraction that was not the cause of the accident, you may still make a insurance claim. If you are cited for factors that caused the accident, you may still collect a settlement if you are not the primary cause of the accident—that is, more than 50 percent at fault. This is true if you live in a comparative fault state (like Nevada). Some states are pure contributory states, and even if you are primarily at fault, you can still obtain a settlement. Again, check your state’s statutes.

Q: Does the insurance company have to pay for all of my medical bills? A: The insurance must pay only for the bills that are reasonable in charge, necessary to your recovery, and related to the accident. Also, they are not required to pay for more than they contracted with their insured. For example, a $15,000 policy means they only need to pay $15,000, even if the case is worth $60,000.

Q: What if the other driver does not have any insurance? Can I still collect? A: If the other driver has no insurance, it will be much more difficult to collect unless you live in a no-fault state. Sometimes DMV can require that person to post a bond with them or they can no longer have a driver’s license. If the at-fault party has money, you may still recover, but it will be harder. The best thing is to carry uninsured and undersinsured motorist coverage on your own policy and let your insurance company worry about that.

Q: Will using my own insurance increase my rates? A: No in some states (such as Nevada): if you are not at fault for an accident, your insurance company cannot raise your rates, cancel your coverage or fail to renew you. States like Nevada expressly prohibit this by statute.

Q: How long can I treat for my injuries? A: In most states, as long you need to. But there other considerations, including the amount of insurance coverage available and whether the treatment you are receiving is helping you get better.

Q: Do I have to hire an attorney to help me with my claim? A: No, any person can represent themselves, but there are many good reasons why you should. First consultations are usually free, so it usually does not cost any money to investigate whether you should retain an attorney.

For more information about this article or the services he offers, call direct 702.228.4777 or toll-free 1-866-LAW-4HIRE, or visit LAS VEGAS AUTO ACCIDENT - CREDIT REPAIR LAWYER

[top]Car Accident and Legal Consequences

Car collisions usually carry legal consequences in proportion to the severity of the crash. Nearly all common law jurisdictions impose some kind of requirement that parties involved in a collision (even with only stationary property) must stop at the scene, and exchange insurance or identification information or summon the police. Failing to obey this requirement is referred to as hit and run and is generally a criminal offence. Most car claims are settled without using an attorney.

Parties involved in an incident may face criminal liability, civil liability, or both. Usually, the state starts a prosecution only if someone is severely injured or killed, or if one of the drivers involved was clearly grossly negligent or intoxicated or otherwise impaired at the time the accident occurred. Charges might include driving under the influence of alcohol or drugs, assault with a deadly weapon, manslaughter, or murder; penalties range from fines to jail time to prison time to death (although the death penalty is not applicable in many jurisdictions). It is notable that the penalties for killing and injuring with motor vehicles are often very much less than for other actions with similar outcomes.

As for civil liability, automobile accident personal injury lawsuits have become the most common type of tort. Because these cases have been litigated often in the developed First World nations, the legal questions usually have been answered in prior judgments. So, the courts usually need to decide only the factual questions of who is at fault, and their percentage of fault, as well as how much must paid out in damages to the injured plaintiff by the defendant's insurer.

Another element of liability involves the administrative fines or license suspension/revocation that may be imposed by civil or criminal authorities when a driver has violated the rules of the road and thus the terms of a driver's license. Such complaint may be filed by a police officer or sometimes by other witnesses of an incident. In some jurisdictions such administrative penalties, may be imposed through quasi-criminal infractions; other jurisdictions do not recognize infractions and charge all violations, at a minimum, as misdemeanors or felonies.

[top]How to Determine Damages After a Car Accident

After a car accident, you may be entitled to compensation for injury and property damage.

Instructions

Difficulty: Moderately challenging

Filing a Claim

Step 1:
Secure a copy of the police report.

Step 2:
Know what protection your insurance policy provides.

Step 3:
Sign a medical release so that injury records will be made available to the insurance company.

Step 4:
Make a claim for any injuries under medical pay coverage, even if you have other coverages or if the other person is responsible.

Step 5:
Make a claim for injury, lost wages or extended disability under uninsured motorist coverage if the other party was at fault but not insured or inadequately insured.

Step 6:
Secure at least two car repair estimates, or three value appraisals if your car was totaled.

Step 7:
Present estimates and allow your car to be photographed and inspected.

Step 8:
Present bills for towing and storage costs.

Step 9:
Ask your agent to help arrange for a temporary substitute vehicle if you have rental reimbursement coverage.

Step 10:
Notify your agent of any damage from the accident discovered during the course of car repairs.


Dealing With the Other Insurance Company

Step 1:
Make certain the other driver has all pertinent information to turn over to his or her insurer, including your name, address, telephone numbers and vehicle type.

Step 2:
Follow up with a telephone call to the other driver's insurance agent and outline any injuries and damages.

Step 3:
Cooperate completely when asked for estimates of damage or when asked to let your vehicle be inspected by a claims representative.

Step 4:
Present a list of other property damaged in the accident: luggage, cameras, cellular phones.

Step 5:
Know that your claim extends beyond the actual costs of injury to include pain and suffering and lost work time.


Tips & Warnings

• Remain polite but persistent when dealing with insurance representatives.
• Certain losses resulting from wind, hail, flood or vandalism are paid under comprehensive coverage, and no deductible (or a lesser one) may apply.
• Be patient to avoid losing compensation for damages that may not be readily apparent.
• Expect your car's value to be determined by its condition at the time of loss. A high mileage car is worth less than an identical car with less mileage.
• Be prepared to pay any deductible to the repair shop.
• The insurance company will be allowed to deal only with the attorney if you use one.

[top]Car Accident Claims Discussion Forum

Latest threads from the forum Car Accident Claims

 

[top]Links and Resources

How To Make A Successful Car Accident Claim (UK) -- You have one chance to get this right or your car accident claim won't be worth the paper it's written on!

How To Determine Damages After a Car Accident -- After a car accident, you may be entitled to compensation for injury.

Car accidents - info on statistics, compensation, and insurance -- Will insurance cover my expense following a car accident? Find information to help you with your accident claim.



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