Car Accident FAQs
2. Who pays if I incur an injury due to an auto accident or my car is damaged?
3. What issues will I face in making a personal injury claim for injuries sustained in an automobile accident?
4. My insurance company is offering me a nice settlement. Should I take it?
5. How will I pay for my medical bills?
6. Am I at fault if I rear-end another vehicle?
7. What should I do if I did not feel hurt at the scene but experienced pain afterwards?
1. What should I do if I am
involved in a car accident?
First, you should seek proper medical attention. If
you are conscious at the scene, collect all
pertinent information from the other drivers (i.e.
driver’s license numbers, address, phone number,
insurance card information, etc.). Make sure to keep
a daily journal beginning with the date of the
accident to document all physical and mental
injuries, as well as document your view of the
accident. Finally, contact
an attorney at Oshman & Mirisola, LLP who will
be your advocate if a traffic charge is brought
against your, or even a civil suit. An attorney can
also assist you in bringing a civil suit against
another party if they are responsible for the
accident.
2. Who pays if I incur an
injury due to an auto accident or my car is damaged?
If you are to blame for an accident, your liability
insurance will pay the other driver for property
damage and personal injuries up to your policy's
limits. If you are not at fault, the other driver’s
liability insurance pays for your car damage and
personal injuries.
3. What issues will I face in
making a personal injury claim for injuries
sustained in an automobile accident?
A claim for injuries sustained in an automobile
accident is usually based upon carelessness or
negligence of the other driver. In worst case
scenarios, it is based on an intentional or reckless
act. The issues that typically arise in a tort claim
after an automobile accident are the following:
- Liability – who is at fault and to what degree
- Damages – injuries or losses that were caused by the accident
- Insurance Coverage – what the insurance company will pay for after an accident
4. My insurance company is
offering me a nice settlement. Should I take it?
No. Tell the insurance company that you will get
back to them. Contact
an attorney at Oshman & Mirisola, LLP
immediately. An insurance company may offer a
minimal amount of money in return for your signature
stating that you will not sue them. Never take an
insurance check without first consulting an attorney
to discuss your case.
5. How will I pay for my
medical bills?
If you have been injured, you will likely have
medical bills from physicians, hospitals, physical
therapists, and other health care providers. Those
bills will be in your name and will usually be sent
to your address. You are primarily responsible for
paying your bills, regardless of the cause of your
injuries. The at-fault person's liability insurance
carrier is responsible for paying you reasonable
compensation for damages incurred, which includes
medical bills, but the insurance carrier is not
responsible for paying your doctors, hospitals, and
other providers. Sometimes the amount the insurance
company is willing to pay is far less than the
actual amount you owe. You need an attorney who fill
fight for your rights with the insurance companies
to ensure that you are fully compensated. Contact
Oshman & Mirisola, LLP today to discuss your
course of action.
6. Am I at fault if I rear-end
another vehicle?
Almost always, yes. The law states that you must
maintain a safe distance to be able to stop safely
if a car stops in front of you.
7. What should I do if I did
not feel hurt at the scene but experienced pain
afterwards?
You should immediately consult your medical provider
regarding any pain, discomfort or possible injuries
from a car accident, even if you think they may be
only minor injuries. Even if you did not complain of
injuries at the scene of the car accident, if you
were injured in the accident from someone else's
negligence, you may be entitled to payment of your
medical bills, compensation for pain and suffering,
lost wages, loss of earnings capacity, and emotional
distress. You should consult
an attorney at Oshman & Mirisola, LLP to discuss
your case.