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Stockton Personal Injury Lawyers
Personal Injury Litigation Resources
What to do After A Car Crash
If you are in an auto accident, the first thing you should do is make sure that you are all right.
Next, when you speak to the other driver, do not say anything that may limit your claim such as, "I'm fine."
Also, be sure not to admit any guilt, "I wasn't really paying attention, I was talking on my cell phone."
The only information you should give to the other driver is your name, address, driver's license number, and phone
number. You need to get this information from the other driver as well.
If the police arrive, it is ok to speak with them. However, just tell them the facts and don't admit any guilt.
You then need to gather all of the information you can, including:
- Who was driving and who were the passengers of the other car? Make sure you get their names, addresses, driver's license number, and phone numbers.
- Get the name, address, and phone number of any pedestrians who may have witnessed the accident.
- What was the exact location of the accident? What direction were the vehicles traveling and what lane was each vehicle in at the time of the accident?
- What were the weather conditions at the time of the accident?
- What time of day did the accident occur?
Later, you should determine the extent of damage to your vehicle or the extent of your personal injuries. You should also file an accident report with the police.
Finally, you should contact an experienced auto accident attorney to evaluate your claim.
Your Rights Vs. The Insurance Company
Your rights vs. the insurance company will determined based on your specific contract. However, most clauses are pretty standard and your rights should be readily determinable.
In most cases, once your insurance company has provided you benefits, such as the cost to repair your vehicle, you must transfer the Subrogation Rights arising from the accident
to the insurance company. This means that you transfer your right to bring a negligence claim against the party. Your insurance company may then pursue damages from the negligent
third party. Essentially, when your insurance company pays you damages from an accident which was not your fault, they pay you damage in exchange for the right to sue the guilty party.
If you are being accused as the guilty party, your insurance company is obligated to provide a defense for you against any claims that are
covered under your policy. However, your insurance company may not be obligated to pay the damages for certain claims. Most likely, your insurance
company will send you a "Reservation of Rights" letter, which notifies you that even though the company is proceeding to handle your claim,
certain losses might not be covered by your policy.
Most insurance policies require that you give "prompt notice" of an accident or theft. If you wait too long before you report your claim,
your insurance company may not be able to do a thorough investigation or take other action. If this happens, your insurance company may
have legal grounds to pay you less than the full value of your claim, or may not pay you at all.
The best way to determine your rights is to speak with a professional. Contact us or call today for a free evaluation of your rights
and how you should proceed with your claim.
When to Seek Legal Help
Deciding whether or not to contact an attorney can be a difficult decision. Unfortunately, sometimes you need an attorney's
representation just to get the insurance company's attention.
Damages from an auto accident can extend beyond the property of your car. It is not uncommon to sustain neck or
leg injuries. In some cases, the injuries may not become apparent until much later. These cases may be the most
difficult because you will be required to show that the auto accident was the cause of these injuries. You may need the
counsel of an experienced auto accident attorney to successfully argue this claim on your behalf.
You should also consider contacting an attorney if your insurance company is being difficult or won't respond to
your inquiries, or if the other driver's insurance company is giving you the runaround.
When you choose the Sette Law Firm, you retain all of the necessary resources, including an experienced staff
that will work for you to get the compensation you deserve.
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