Motor Vehicle Accident Frequently Asked Question

If I am in a motor vehicle accident, who is going to pay for my damages?

When a person is in a motor vehicle accident, the first question that arises is who is at fault. To determine the answer, it is important to get as much information as possible about the location of the motor vehicle accident and the persons involved. Information should be written down as soon as possible. Diagrams of the scene of the motor vehicle accident, or a motor vehicle accident picture, can help identify the cross streets, direction the vehicle was traveling, location of any traffic signals or signs, and landmarks. A description of each vehicle (e.g. make, model, year and license plat) at the scene of the motor vehicle accident should be recorded. Information about the other driver, including name, address and license should also be obtained – especially if there is no police report. The names, addresses and telephone numbers of all witness at the scene of the motor vehicle accident should also be recorded.

If there is a police report about the motor vehicle accident, do I need to do anything else?

After a motor vehicle accident, it is not wise to assume that liability or fault will be admitted. A driver at the scene of the motor vehicle accident may admit to being at fault, then later tell their insurance company that the other drive is at fault. Even if the police report is in your favor, liability can be disputed. Any witnesses at the scene of the motor vehicle accident play a crucial role in determining liability – that's why obtaining their names and telephone numbers is critical. If it's possible, ask any witnesses for a statement.

If the police did not come to the scene of a motor vehicle accident, do I need to report it?

If you are involved in a motor vehicle accident that results in someone's injury and/or at least $500.00 in property damage to your vehicle, then you need to complete and report send a written report of the accident. You can obtain a motor vehicle accident report from your local police. Make sure to keep a copy of the report for yourself, and include a motor vehicle accident picture if at all possible.

If I have been involved in a motor vehicle accident, what do I do about transportation?

If your car has been towed from the scene of a motor vehicle accident, then you should retrieve it from wherever it has been impounded as soon as possible. If you car is not in drivable condition, then the insurance company may provide you with a rental; this is contingent upon their decision regarding liability. Your property damage claim includes repairs, rental, towing, and storage. Insurance companies will either reimburse you for your rental expense or they will arrange for a rental car company to provide you with a rental at their expense (also known as "direct billing"). If rental insurance on a policy is a good idea, as it sometimes can take an insurance company weeks for a claim on a motor vehicle accident to be accepted or denied. Be sure to ask for your rental car company for the insurance rate. Insurance companies typically only pay approximately $21-$24 dollars per day, which is typically significantly less than the rate charged by most rental car companies. Consult with an attorney for more information about property damage and rental bills.

If I have been injured as a result of a motor vehicle accident, who will pay for my medical expenses?

In the case of a motor vehicle accident, the person who caused the collision is liable for your medical expenses. You'll need to determine out if the other driver has insurance and exchange insurance information with the other driver. Always ask to see the other driver's proof of insurance card. You must also obtain the name of the insurance company, the policy number, the name of the insured, and the telephone number for the carrier. Contact the insurance company as soon as possible and report the motor vehicle accident. Make sure you have your own fact and information correct before you call, and under no circumstances are you to give a recorded statement without consulting with an attorney. Generally with motor vehicle accidents, the liability carrier will not pay for any medical expenses or lost wages until your bodily injury claim is settled. In the interim, you have several options: File on your personal injury protection (PIP) through your automobile insurance policy; use your health insurance; or use a letter of protection (LOP) to receive medical treatment from a provider if you don't have insurance. An LOP must be issued by an attorney.

If I have been injured as a result of a motor vehicle accident and I am unable to contact the other driver's insurance company, what should I do?

Obviously if you need medical treatment as a result of a motor vehicle accident, then get it as soon as possible. Do not delay treatment while you wait to contact the insurance company or get permission to treat. Get to the emergency room or consult with your physician as soon as possible. In the case of a motor vehicle accident, a prolonged delay in treatment (more than 2 weeks) may adversely affect your health and diminish your case value. There are medical providers who will accept a letter of protection (LOP) from an attorney. This is a letter from the attorney essentially promising to pay the medical provider from any settlement or verdict, assuming there is a sufficient recovery in the case of your medical vehicle accident. An LOP may allow you to receive essential medical treatment while your claim is pending. Consult with an attorney if you have no means to pay for medical treatment.

The insurance company has inspected my vehicle and taken motor vehicle accident photographs. Is there anything else I need to do?

Be sure to take your own set of motor vehicle accident photographs that show the damage sustained by your vehicle. Relying on anyone else, especially the insurance company, is not recommended. A motor vehicle accident photograph can serve as a crucial piece of evidence in your case – many claimants underestimate their value. The motor vehicle accident photograph can be used to document both your property damage claim and your bodily injury claim. Use a 35 mm camera (even a disposable) as opposed to a Polaroid, and take numerous photographs. Be sure to stand at least 3 to 4 feet away from the car when taking motor vehicle accident photographs.