The Legal Side Of Car Accidents, Just What Is the Truth?, Part 1

By Ben Glass, Esquire

Benjamin W. Glass and Associates

. https://www.benglasslaw.com/

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The Legal Side Of Car Accidents, Just What Is the Truth?, Part 1

Answers To Frequently Asked Questions
About the Legal Side Of Car Accidents

Part 1

When should I contact an attorney following an accident?

Despite attorney advertising claims to the contrary, it is not always necessary to contact an attorney immediately following an accident. First, not every claim needs an attorney. Second, depending on the nature of your injuries, you and your family may be devoting substantial emotional and time resources to your healing. Often, there is a substantial disruption in your entire lifestyle and adding the stress and responsibility of choosing the right lawyer for your case in the early stages after a serious accident may not be necessary.

Should I contact my own carinsurance company followingan accident?

Even if the accident was the total responsibility of someone else, for example you are rear-ended while sitting at a stoplight, you should contact your own car insurance company immediately. They will be able to help get your car repaired or replaced, even if the wrongdoer's insurance company drags its feet.

You also may have purchased protection under your own automobile policy that will immediately step in to pay a portion of your medical bills or the co-pays on those bills. Your insurance agent should be able to advise you about that.

If the accident was not your fault and you do place a claim with your own insurance company, you may be required to pay your deductible; however, your insurance company will usually be able to recover that from the wrongdoer's insurance company and repay you.

In the early stages after an accident, you are looking to restore certainty to your life. Your own car insurance company can often assist by removing the hassle from the claims process.

Should I speak to the insurance adjuster for the wrongdoer?

Typically, you will be contacted shortly after the accident by the insurance company for the other party, particularly if it is clear that the other party was at fault. There will typically be two adjusters working on your claim one handling the personal injury side of your claim and one handling the property damage side of your claim.

It is generally advisable to speak to the person who is handling the property damage portion of your claim in order to get your car repaired or replaced as soon as possible. Generally, the property damage insurance adjusters are not asking questions about your health or the facts of the accident.

You are not required to speak to the insurance adjuster handling the personal injury side of the claim for the other party, nor are you required to sign any “medical release forms” or other documents for them. You are not required to give a recorded statement about the accident. Generally, it is a good idea to speak to an attorney prior to meeting with, speaking to, or signing any forms for the wrongdoer's insurance company.

How do I decide which doctorto see after an accident?

It is generally best to see your own family doctor or a specialist recommended either by your doctor or by other healthcare professionals. You may even have gotten a referral from the emergency department of a hospital if you were taken to the hospital following your accident.

It is generally a bad idea to see a doctor or a chiropractor who has been recommended by a personal injury attorney unless the recommendation is made because you have a very specialized medical need.

In other words, your attorney may be able to recommend a specialist in knee surgery or shoulder injuries, but for “general” medical care for neck and back pain, getting a referral from a lawyer is a bad idea because insurance companies and juries look upon such referrals suspiciously and often wonder whether the medical bill is being increased simply because of the relationship between the attorney and the healthcare provider. Your role as a consumer is to ask a lot of questions if an attorney makes such a referral.