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Frequently Asked Questions: Motor Vehicle Accidents

Frequently Asked Questions: Personal Injury

Article: Motor Vehicle Accidents
With more vehicles clogging our roadways than ever before, it is no wonder that the average American’s chance of being injured in a motor vehicle… » More …

Frequently Asked Questions

Motor Vehicle Accidents

 

What if the other driver is uninsured or leaves the scene of the accident?

California law requires anyone who operates a motor vehicle on public streets or highways to maintain some form of financial responsibility in case they are responsible for an accident - for most drivers, that takes the form of automobile insurance. However, about one-third of drivers on California roads today are uninsured or inadequately insured. Almost 50% of two-car accidents in the state are caused by uninsured or underinsured drivers, many of whom drive unreliable or unsafe cars and/or have unsafe driving habits.

If you are injured in an accident caused by an uninsured or underinsured motorist, that motorist may not have the financial ability to compensate you for all of your losses. However, if you have your own insurance, you can still be compensated. Almost every insurance policy sold in California contains uninsured/ underinsured motorist coverage to protect policyholders from losses they may sustain in these circumstances. This insurance coverage protects you and all members of your family, whether you were in a car, a pedestrian, on a bicycle, or even a bystander. To determine whether making a claim under this coverage is your best avenue to obtain compensation, consult with an experienced injury attorney to review all of your options.

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I was just injured in an accident - what should I do now?

If you have been injured in a motor vehicle accident, you should seek medical treatment as soon as possible. Of course you need to discover the scope and seriousness of your injuries and make sure that you get prompt and proper treatment for those injuries. Even something that seems small - a sore neck or back, for example - could be symptomatic of a larger problem. It is always best to let a doctor assess your condition. Also, if you do end up filing a claim for your injuries against another party, you will need documentation of your injuries and your efforts to get treatment.

Other than seeking medical treatment, you should try to take pictures of your vehicle, the other vehicle (if you can), the location where the accident took place, and the injuries that you and/or your loved ones sustained. Finally, contact a qualified personal injury attorney to make sure that you are aware of all of your legal rights and options.

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Are there parties besides another driver who might be at fault?

If you have been injured in a car accident, parties other than an at-fault driver might share responsibility for your injuries. For example, if either of the vehicles involved had a defect that caused or worsened the accident, the vehicle manufacturer might be liable for your injuries. Any party who created dangerous driving conditions (such as leaving debris in the roadway) that caused or contributed to the accident may share liability. The California "dram shop" act holds responsible a business that sold alcohol to an obviously intoxicated minor who subsequently caused the accident. An experienced personal injury attorney will seek out all possible responsible parties to maximize your chance of full compensation for your injuries.

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What do I need to know about dealing with an insurance company?

Even though you pay the insurance companies for coverage, they are still in the business of making money... they are not always in the business of making sure you get all the compensation you deserve for the full scope of your losses. If you need to make an insurance claim, proceed with caution. Anything you do or say when communicating with the insurance company may greatly impact the compensation you receive. Before you accept any settlement or sign any documents from an insurance company, consult with an experienced attorney to be sure you understand all of your legal rights and options. Your acceptance of a check or signature on a document from an insurance company may mean that you are permanently giving up your right to make a claim or sue the company later if you need additional medical care or miss more work than anticipated.

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What damages are available to people who are injured in motor vehicle accidents?

People who have been injured in motor vehicle accidents may be able to seek compensation for medical bills, future medical expenses, lost earnings, property damage related to the accident, pain and suffering, and other losses directly related to the accident. If your loved one suffered a wrongful death in an accident, additional compensation may rely on a detailed evaluation of his or her projected lifetime income, usually determined through expert analysis. Each case is unique, however, and an experienced attorney will review the facts and circumstances of each accident in order to help you determine what amount of compensation you should seek.

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