Dealing With A Car Accident
Friday, March 25, 2005
Do you need a car accident lawyer Chicago ? Have you been searching for an attorney ?
If the car accident was another driver's fault, you may be entitled to compensation - let's face it, you can't sue yourself. But keep in mind that fault is determined only after evaluating a variety of factors. The description of the collision by the drivers involved, what a witness or witnesses might have seen, the precise nature and location of the damage to the vehicles, even the weather and conclusions of police officers at the scene - and any followup accident reconstruction - all contribute to determining fault or liability in any car accident.
Frequently the claim may be made with the at fault driver's insurance company. In that case, a claims adjuster assigned by the insurer deterimintes the fault of the drivers, the complete nature or extent of your injury and any property damages your vehicle sustained.
It is essential that you understand, it is the claims adjuster's job is to limit the amount paid to you to whatever extent possible - they are almost never your friend. The claims adjuster represents the interests of the insurer and financial interests alone, understand this key point - the insurance company is never truly intersted in your best interest. What is in your best interest is your lawyer - Contact us immediately so that we can work on your behalf - And because we are highly experienced in protecting the rights of injured parties - We'll work diligently to make sure you receive full compensation for any and all of your losses.
Most insurance companies seek to secure a recorded statement from an injured person immediately after the accident - don't be fooled into thinking they're attentive or effecient. Remember they are never your friend. In fact you should never provide any sworn statement without first consulting with a lawyer. A recorded statement will almost always be used against you no matter who you submit it to. Work with an attorney to make that any statement is in your best interest and never allow an insurance company or individual working for one to pressure you into doing anything without first meeting with a lawyer.
It is possible that the drive that caused the accident may not have insurance and if that's the case, you may be able to be compensated through your own insurer. Most policies provide for coverage in the event that the other party has no insurance. This basic coverage works to protect you when you are injured by an uninsured party.
Uninsured motorist claims do not generally entail any lawsuit. If the injured person and their insurer are unable to agree on the issue of liability - fault - or the amount of compensation entitled to, most policies allow for arbitration of the dispute. Arbitration involves either a judge or a panel of judges hearing the evidence and deciding the issues. If you believe you may have an uninsured motorist claim then it's essential to discuss the matter with us immediately.
But what if there isn't enough insurance ? Rest assured that most vehicle policies allow for underinsured motorist coverage. It works to protect you when the insurance of the other driver is less than the coverage you've purchased and the value of your claim exceeds the policy limit or threshold of the other driver's policy.
It's always beneficial to have an attorney review your policy closely, there may be issues in the policy that an insurance company would prefer that you didn't fully realize or understand.
An insurance policy can be a very complex document and purchasing auto insurance is not simply about the value of your car or how often you get into accidents, it is also about how much money you are willing to pay for your coverage. All auto insurance policies have a deductible. The deductible is the part of your policy that you are responsible for paying. Auto insurance policies don't simply take care of all necessary expenses. You are required to pay for some of the damages, but the amount depends on your policy. Deductibles vary by state, but are most often in amounts of $100, $250, $500 or $1,000. For example, if you are in an accident that causes $2,500 worth of damage and your deductible is $500, you are required to pay the $500 and the insurance company will take care of the remaining $2,000.
When deciding what insurance policy you want to purchase, choosing a deductible is an important step. After all, you will have to pay the deductible for each and every situation in which you require your insurance company to cover damages. Deciding how much you are willing to pay and how often you think you will need to make an insurance claim will help you decide what deductible amount is right for you. In addition, the premium you pay, or the price of your total coverage annually, can be lowered by choosing a higher deductible. In other words, if you are willing to pay higher costs, you can lower the total cost of your insurance.
Purchasing an auto insurance policy doesn't have to be confusing. You want a policy to take care of your expenses in the event of accident, theft, vandalism or most any other instance in which there is damage to your own or someone else's vehicle. By knowing what your state requires, what your needs are, what discounts you qualify for and how much coverage you want for your car, you will be able to choose the right policy.
But irrespective of insurance, it's an unfortunate fact that there may be many elements of damage you may suffer when involved in a car accident. The expenses associated with medical treatment after the accident may be recovered. Medical expenses may be claimed even if the bills are paid by a health insurer or through your auto carrier. Medical expenses reasonably certain to be incurred in the future may also be recovered if supported by the testimony of a physician.
The wages lost because of time missed from work may also be claimed even if sick or vacation days are used for some or all of the missed time.
Compensation for past pain and suffering may be claimed as may future pain and suffering if a doctor testifies that such pain and suffering will likely occur. "Pain and Suffering" refers to the physical pain and discomfort as well as worry, anxiety and embarrassment which results from the injury.
Disability or "loss of a normal life" experienced as the result of a car accident is compensable. Disability or "loss of a normal life" refers to the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life. The avid jogger who isn't able to exercise after suffering injury in a car accident may be entitled to compensation for his "loss of a normal life" or disability. The disability likely to be experienced in the future is also compensable if supported by the testimony of a physician.
Disfigurement suffered as the result of a car accident is compensable. This element of damage refers to the obvious damage to the body such as scarring, burns or amputation. The impact that such a condition has and will have upon the injured person is the basis of the claim.The location, size and visibility of the disfigurement impacts the degree of appropriate compensation.
Medical expenses can quickly mount when a person suffers injury in a car accident. The cost of emergency room care, radiology charges, physician charges, diagnostic testing or surgery can create a financial burden. It is common for the expenses to cause anxiety as the bills build up.
The insurer for the other driver will not typically pay your medical expenses as they arise. Instead the expenses are considered one element of damage to be evaluated at the conclusion of the claim. The insurer cannot be counted on to pay the expenses in the meantime. Other sources of payment must be utilized until the claim may be concluded and the cost of the medical bills reimbursed
A health insurance policy is one potential source of payment. You should promptly submit your medical bills to your health insurer as they are received. Submission of the bills promptly prevents the medical care provider from directing your bill to a collection agency. Secondly, most health insurance policies have time limits on the submission of claims. It is always a good idea to proceed with a claim where the medical bills are paid rather than outstanding. If a dispute ever arises as to the obligation of your health insurer to pay bills caused by a car accident, a review of the terms of your policy may be necessary. Most health insurance policies provide benefits for treatment received as the result of a car accident.Again, this may be where a good lawyer in the Chicago area comes in. Take the time and discuss it with us.
It's also true that your insurance may also provide some method by which your medical expenses may be paid. Most auto policies provide some sort of "medical payments" coverage. Most auto policies provide that medical expenses will be paid until the limit of coverage is exhausted if the expenses are considered reasonable and required for your well-being. Frequently the policy includes a time limit for the filing of a medical payments claim, so acareful review of your auto policy is necessary to determine the terms of any medical payments entitled to you.
If your medical expenses are paid by your health or auto insurance company then the insurer may be entitled to reimbursement if you are successful in recovering compensation from the other driver. Whether the insurer is entitled to reimbursement again depends upon a careful review of the policy, the type of policy underwritten, the amount of compensation you've received and the status of the injured person. An attorney is essential to best understand these situations.
If you do not have health insurance, auto insurance or the financial ability to pay the medical bills, you may still be able to obtain the required care. Some medical care providers will treat a patient and forego immediate payment or collections if they can be assured in writing that the medical bills will be paid at the conclusion of any litigation. Keep in mind that this type of situation is not without risk. The medical expenses are nevercontingent on the litigation outcome, you'll owe these expenses no matter what the outcome of any lawsuit or legal action.
When it comes to auto repairs you can submit a claim to the other driver's insurance company or to your insurer to get your vehicle fixed. Either insurer will evaluate the extent of the damage and determine the cost of repair - again they aren't your friends, they're trying to cover their own financial interests. If the cost of repairs exceeds the fair market value, it's commonly called a 'write off' and you'll receive payment in the amount of the considered fair market value of your vehicle. If the vehicle can be repaired then you should receive payment to have the vehicle repaired but it makes a big difference whether it's your insurance company or the other party's footing the bill.
Keep in mind that your insurance company is obligated to treat you fairly and work with you in "good faith". Generally if your insurance company pays for the damages to your vehicle then your deductible will be applied to the cost of the repair. Your insurer may then seek recovery of the amount paid to fix your vehicle from the other driver's insurance company. If they're successful then they should return your deductible to you.
If a claim is submitted to the other driver's insurance company, then the deductible will not apply and you'll have less of warranty regarding the repairs as well.
