If you have been involved in an auto accident you probably have many questions. Here are some of the more common questions.

Phone: (602) 284-3035

Email: derronw@msn.com

 

At the Accident Scene

What is the “Insurance Exchange Form” that you received at the scene?

Whether you caused the accident or not, Arizona law requires you to stay at the scene and provide your name, address, insurance and driver’s license information. Normally, when the police arrive, they will provide all people involved with a form titled, “Insurance Exchange Form.”

Suppose YOU got a ticket at the accident?

Often the person who gets the ticket is the person at fault, but this is not always the case. It is wrong to think you automatically have no case if you received a traffic ticket at the scene. Actually, fault is determined by the facts at the scene, not necessarily the police officer’s conclusions after the fact. Interestingly, if your case is ever in court, a traffic ticket will not even be allowed to come into the case for either side.

When should I seek medical attention after an accident?

If you are involved in an accident, you should seek medical attention immediately. Even if you feel your injuries are minor, you should at least seek an evaluation. Moreover, if your medical provider puts you on a program of treatment, you should make all your appointments. Insurance companies will look at when you first sought medical attention, and how regularly you sought treatment when evaluating your claim.

24 – 72 Hours After the Accident

Should you give the other driver’s insurance company a recorded statement?

If you are involved in an accident, the insurance company for the other driver will surely call you within a day or two of the accident seeking a recorded statement. Do not give it to them because they will use your statement against you. You will have plenty of time to give your side of the story at a later time.

Should you sign the other driver’s medical authorization form?

If you are involved in an auto accident, the opposing insurance company will send you a form titled “Healthcare Authorization Form,” or something similar. Do not sign it because they will use it against you. You will have plenty of time to present your medical records to the insurance company on your own terms when necessary.

Should you sign the other driver’s wage loss verification form?

If you are involved in an auto accident, the opposing insurance company will send you a form titled “Wage Loss Verification form” Do not sign it because they will use it against you. You will have plenty of time to present the time you lost from work to the insurance company later on your own terms when necessary.

 

Your Damaged Car

What is the difference between “Repair” and “Total Loss” when your car is damaged?

The insurance company may choose whether to repair your vehicle or declare it a “total loss.” Simply speaking, a total loss is when the cost to repair your vehicle is more than what the vehicle is worth. If your vehicle is declared a total loss, the opposing insurance company will pay you the fair value of your vehicle. In close cases, it is better to have your vehicle declared a total loss.

 

After You Have Recovered From Your Injuries

 What will the insurance company pay me for?

The insurance company must pay for your out of pocket costs, and must pay for your for pharmacy bills, property damage, some rental car charges, lost wages, pain and suffering, and costs of future medical treatment.

Will I get 3x my medical bills as a settlement?

No. About 10-12 years ago this was a reasonable rule of thumb but no longer. Some cases you get 8 to 10 times your medical bills, and some just 1. However, a multiplier has nothing to do with it. Many factors go into the value of your claim and each claim is very different.

Will I have to go to court?

Very few car accident cases go to court, however, no law firm can guarantee you that they will keep you out of the courtroom. Sometimes filing a lawsuit is the only way to get fair payment for your injuries.

 

Hiring A lawyer 

Will a lawyer or paralegal handle my case?

Many firms that you see constantly advertising on television will have paralegals handle your case. You should have a lawyer handle your case, not a paralegal.

How much do you charge?

Traditionally, auto accident and personal injury cases have been handled on contingency fees of 33 1/3%. Contingency means you do not pay unless your lawyer gets money for you. Many lawyers will charge less depending on the case.

Isn’t all the car accident information online?

Lawyers learn much from day to day practice, not books or online. Years of experience is helpful. Knowing how long a lawyer has been practicing may be helpful. 

Do you need a lawyer to handle your car accident case?

If you do not have a lawyer, the insurance company will not pay you what you deserve for your injuries. For example, a lawyer can properly evaluate the value of your case. Most people do not know what Colossus* is, your lawyer should. Also, if the insurance company does not pay you fairly, a lawyer can file a lawsuit if necessary.

*The computer program most insurance companies use to evaluate your claim.

Phone: (602) 284-3035

Email: derronw@msn.com

 

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