1. What should I do if I am involved in a car accident?
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.

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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.

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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

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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.

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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.

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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.

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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.

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