AUTOMOBILE ACCIDENTS

Law Offices of Capp and Marsh-(888) 558 6275

INTRODUCTION

You have probably come to this site, because either yourself or a relative or friend has been involved in an automobile accident. Alternatively, you may have been a pedestrian who was injured by another driver or may have simply been a passenger in a car driven by another person.

If you have been involved in an accident caused by another driver's negligence, you may be able to file a claim against them for any and all losses suffered by you as a result of the other driver's negligence

TYPES OF DAMAGE

This normally includes:

1. Any damage done to your car or other property damage;

2. Damages for personal injury and/or pain and suffering-that is you will need to be compensated for any injuries you have suffered, whether they be serious injuries, spinal injury or whiplash;

3. Reimbursement for any medical expenses incurred by you as a result of he accident;

4. Reimbursement for other economic losses such as loss of earnings or car rental charges.

HOW TO RECOVER

In order to recover from the other party you will need to establish that they were at fault for the injury (that they were negligent), and that the damage and injuries sustained by you resulted from the injury, and also of course that any medical charges incurred by you were reasonable.

INSURANCE COMPANIES-BEWARE-THEY ARE NOT YOUR FRIEND

Depending upon the severity of the injury and the circumstances surrounding the injury, it may well be that by this stage you have already spoken to your own insurance company or even the other party's insurance company.

We strongly advise you not to attempt to speak to the other party's insurance company without first consulting an attorney. Furthermore, do not attempt to settle your claim with your own insurance company or indeed volunteer any theories as to who caused the accident or the extent of your injuries until you have spoken with an attorney.

Remember, insurance companies are NOT your friend. More than likely, they are simply trying to pay you as little as possible for your loss and damage.

Of course there may be instances where you can adequately negotiate a just settlement yourself and do not need the services of an attorney. However, in other cases, especially in the event that you have been injured, an attorney, who knows the court system, and the way insurance companies operate, can ensure that you are justly compensated for your loss. 

WHAT YOU SHOULD DO IF INVOLVED IN AN ACCIDENT

  1. Call the police immediately and insist that a report is filed by the Police, Sheriff or Highway Patrol;
  2. Gather the names, addresses and phone numbers of any witnesses who can be contacted by your attorney at a later date; 
  3. Take pictures of the vehicle, the accident scene, as soon as you possibly can;
  4. If necessary, seek medical attention as soon as possible and tell your doctor exactly how the accident happened and how you feel. Bear in mind, that injuries may not be immediately apparent;
  5. Report the accident to your insurance company and, if required, to the Department of Motor Vehicles;
  6. Cooperate with your insurance company but be careful about volunteering any information above and beyond what is strictly necessary. NOTE. Insurance companies may turn anything you have told them against you at a later date. THEY ARE NOT YOUR FRIENDS. IF THE OTHER DRIVER IS UNINSURED/UNDERINSURED YOU MAY NEED TO PROCEED AGAINST YOUR OWN INSURANCE COMPANY;
  7. Never discuss the accident with the other driver's insurance company;
  8. Consult with a personal injury attorney as soon as possible;

WHAT IF I AM HIT BY AN UNINSURED/UNDERINSURED MOTORIST?

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