Car Insurance Questions, Tips and Information

Here are some often-asked questions that people have in regards to accidents and car insurance company coverage.

What should I do if the other driver does not have car insurance?

If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries, if you have "uninsured motorist" or medical payments" coverage. If the other driver's car insurance is not enough to pay for all of your damages, your own car insurance may pay the difference, if you have "underinsured motorist" coverage. If you do not have these kinds of car insurance or if your damages are more than the policy's limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. If you have collision car insurance, it will pay for damage to your car, no matter who is at fault.

If I am in an accident do I have to speak to the other side's car insurance company?

No. If you get involved in an "accident" and the other person has car insurance and reports it to his car insurance company, it is quite likely that the car insurance company will promptly contact you, by telephone or in person. You do not have to speak to them, and frequently it is wise to speak to an attorney first. Especially if there are personal injuries, it often pays to speak with an attorney first and have the attorney represent you in your dealings with the car insurance company. Most of the time you'll be far better off.

Should I try to settle with the other person's car insurance company?

If you, a family member, or one of your passengers, has suffered any personal injury, or even if there is a possibility that someone will claim an injury, it is generally NOT wise to deal with the other side's car insurance company. In such cases you certainly should not settle your claim without speaking to a lawyer who practices accident or personal injury law. Here are some questions you should ask yourself:

Do you know the full extent of your injuries, or might there be some late developing symptoms? Do you know how long the effects of the injury may last? Do you know how difficult the recovery process might be? Do you know what therapy may be needed, or what it will cost? Are you sure you understand what the long term impact of your accident or injury might be on your ability to earn a living, enjoy recreational activities, play sports, do household chores, and so forth? Do you understand what is customarily awarded for the "pain and suffering" you went through, and the loss of companionship and the extra care your family members provided? Do you know how much income you might lose, regardless of any disability car insurance you have, not just in terms of the time you are out of work, but afterwards? Do you know how much of what the other side's car insurance company might pay you will have to be paid over by you to your own auto or health car insurance company, or union or employer health plan, to reimburse them for the expenses they paid on your behalf?

Do you know how much money is traditionally recoverable by persons who are similarly injured who have legal representation? Probably you know none of these things. But the person from the other side's car insurance company knows the answers real well, and the other side's car insurance company or adjuster will never tell you, or never tell you the truth. You would be negotiating in the blind, without any idea of what you may be entitled to recover. And anything you say to the other side's car insurance company would be marked down and recorded and used against you in terms of the other side's negotiating strategy and in trial if it ever got that far.

Although you do not know the answers, you can easily speak to an experienced lawyer who knows the answers and can represent your interests, not the car insurance company's. And in personal injury cases, lawyers generally do not charge for an initial consultation, and then if they take the case, they are paid on a contingency fee basis, from what they recover for you.

On the other hand, if you are sure that there is no personal injury, and all that is involved is some damage to your car, feel free to speak to the other side's car insurance company. But if there is BOTH personal injury and damage to the car, speak to an attorney, and don't be in such a rush to get the car fixed that you prejudice the far more significant personal injury claim.

How do car insurance adjusters operate?

The investigator or adjuster from the other side's car insurance company may be very pleasant, appear to be concerned and even try to be your friend. He or she may be a wonderful person, coach the local soccer team, and belong to your church or civic association. But always remember his or her job is to protect the car insurance company, to find a reason NOT to pay you, or if they must, to make sure you receive as little as the car insurance company can possibly get away with, and ideally, to try to make the matter go away.

Are different types of accidents treated differently?

Yes. The term "accident" is commonly used to cover a wide range of things that were not intended to happen, or at least happen to the person injured. What is critical are the factual circumstances that gave rise to the "accident". Depending on the factual patterns and circumstances, there may be dramatically different legal consequences even if the results of the "accident" were all the same. As there are sometimes important differences between auto accidents, boating and water accidents, slips and falls, bus, train and plane accidents, and wrongful death.

Suppose the accident involves an inherently dangerous activity?

There are many activities that are inherently dangerous, such as using explosives to demolish a building, or keeping wild animals on exhibit in a circus. Yet these activities can be helpful to society generally. As a result the courts have created a doctrine of "strict liability" that attempts to balance the competing interests of allowing socially beneficial dangerous activities while "making whole" persons who may be injured as a result of such activities.

If the facts involve what your state considers a "strict liability" situation, it does not matter how careful the user of explosives may be or how experienced she was. Even if everyone thought the explosives expert was doing the job in as safe a manner as possible, anyone "accidentally" injured in his person or property would be entitled to recover the actual damages the explosion caused. Similarly, if the tiger "accidentally" escapes from what the circus thought was an escape proof cage, and roams the neighborhood, the circus is probably responsible for the consequences of the "accident" no matter how careful the circus was.

What about "reckless" conduct?

If the conduct is regarded as being "reckless" the courts are likely to be extra hard on the reckless person. Suppose a normally careful driver, in a hurry to get home after a big party, was really speeding through the streets, and legally "drunk". The driver hits and seriously injures a pedestrian who "accidentally" happens to be crossing the street. In addition to the actual damages the pedestrian sustained, which could include lost wages, medical bills, rehabilitation, payment for any permanent injury as well as pain and suffering, the driver may be responsible for punitive damages in some states if the jury determines the conduct to have been reckless.

What about accidents occurring from negligence or carelessness?

Suppose a normally careful driver, while talking on a cell phone, gets momentarily distracted, and piles into the car in front of him. Or a driver "accidentally" is blinded by the sun, and crashes into another car. Although the driver thought he was driving safely, the "accident" injures both a passenger in his own car and a passenger of the car in front.

If the driver was not exercising the standards of care required of a person driving a car, he would be said to be acting "negligently". In that case, the driver (and the driver's car insurance company, to the extent of the policy limits) will be responsible for the damages and injuries the accident caused. What if there is a "Guest Statute" in the few states with a "guest statute" a "guest" can not recover for "simple negligence". The passenger in the driver's car may be limited to recovering medical bills only, or be wholly out of luck, unless the driver's conduct was more than "simple negligence". Even in those states, a lawyer can help you assess whether the driver's conduct might be more than simple negligence, permitting recovery against the driver.

Suppose the accident is all my fault?

First, don't be so sure that the accident is all your fault. Many accidents result from things people think are their fault but really aren't. For example, suppose your car suddenly ran off the road on a curve when you were at or near the speed limit? You feel badly as you recognize, with the benefit of hindsight, that you should have slowed down further. Yet if you were driving a Chevrolet Corvair - the car Ralph Nader demonstrated was "Unsafe at Any Speed" - there was a design defect that was responsible for numerous accidents. A lawyer can often help you assess the facts and determine whether it was "all your fault" or someone else at least shares some of the responsibility.

Second, even if the accident was all your fault, it is possible that someone else is responsible for the extent and severity of the resulting injuries. For example, it may have been your fault that you got into an accident with your pickup truck, but because the gas tank was in an unsafe place and broke during impact, it may have turned a minor fender bender into a major catastrophe. Or perhaps your local emergency room sent you home without telling you the danger signs you should be aware of, or perhaps your HMO wouldn't authorize the tests your doctor felt should have been performed? Again, an attorney can help you evaluate matters.

Third, if anyone else was injured, or any one else's property was damaged in the accident, you may be fully or partly responsible for the injuries, at least to the extent that they will not be covered by your car insurance company. A lawyer can help make sure your car insurance company will stand by you, and may be able to help you protect your rights and assets.

What about accidents that result from "an act of God"?

If an "accident" is truly "an Act of God", while your own car insurance might pay for some of the damage, you can't try to go after God -- no one has ever been able to bring God into court. However, just because the accident may have been caused by an Act of God" that does not mean that there may not be someone else responsible for the damages that the Act of God created.

For example, in a widely publicized disaster, a group of foreign tourists were visiting Arizona. Their guide, disregarding the advice of natives to the area, led them through a narrow canyon during the rainy season. A rain storm 15 miles away created a flash flood that killed the tourists. While the storm and flash flood were acts of God, it may well be that the guide and his employer probably will be held legally responsible for not exercising due care by permitting the group to tour through the canyon at that time of year. Similarly, if a builder does a shoddy job so that during a typical storm - which of course is another "Act of God" -- the building blows down, the builder may be responsible for the damages resulting.

What about accidents resulting from defective products?

Other than tobacco companies, few manufacturers set off intentionally to create and sell an inherently dangerous product and conceal its dangers. Yet there are many products that do injure people, despite reputable manufacturer's efforts to create good products, and all sorts of government regulations designed to make products safe and well labeled.

If you use a knife to slice a bagel, and cut your hand in the process, neither the manufacturer of the knife, nor the bagel bakery, will likely be held responsible. But if the knife snaps and injures you because of a defect in manufacture, the manufacturer and possibly the distributor and the store that sold it to you will be liable. Similarly if the bagel contains impurities that make you very ill, the bakery may be liable.

If the products do not meet the standards set by the government, or if required government clearance of a product (such as a new drug) was obtained by suppressing negative test results, there will clearly be liability on the part of the manufacturer. A lawyer can assess the facts and circumstances, and also candidly evaluate what a likely recovery might be.

We Can Help You After An Accident

When an accident happens to you, be prepared and knowledgeable. That is your best protection. We have links to some of the best personal injury lawyers and specialized accident attorneys that can advise you when you are in an accident or are injured through someone else's fault.

If you have experienced an accident and have been injured, call us at (877) 288-9733 today. We can refer you to the right personal injury and accident lawyers.

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The information provided on AccidentTreatment.com is not intended to be legal advice or medical opinion, but merely conveys general information related to legal issues commonly encountered. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.