A HIGHER incidence of auto accidents may occur during the holidays and holiday weekends. Auto accidents, especially when they result in serious injuries, have important consequences to the lives of consumers. Rights to medical treatments, lost wages, compensation for pain and suffering may be at stake when these accidents occur. What can consumers do to protect their rights? The following tips might prove useful:
1. Gather relevant information at the scene of the accident.
Some of the important information that should be taken down are:
The other driver’s name, address, telephone number, driver’s license number, and insurance company
The other car’s make, year, model, and license plate number
The names, addresses and telephone numbers of any witnesses to the accident
The name and badge number of the law officer who comes to the accident scene.
If your cell phone has a camera, do not hesitate to photograph the damages to the vehicles at the scene.
2. Get a physical checkup after the accident.
Some accidents are serious enough that paramedics are called to the scene to treat and checkup on the persons involved. It is a good idea to have a doctor or health care provider examine you for possible injuries. Your health or automobile insurance may pay some or all of these health care bills.
3. Making a claim for injuries and other damages
If the other driver was at fault, you may be entitled to compensation for your personal injuries, car damage and other expenses, such as lost wages or the cost of future case needed after the accident. If you had your own insurance at the time of the accident, you may also be able to sue for pain and suffering. You can make a claim with the other driver’s insurance company. It is advisable to consult with an experienced personal injury attorney before speaking to the other driver’s insurance company.
If your claim for damages is $7,500 or less, you may sue in small claims court (and you do not need an attorney). However, if your damages are for a larger amount, you may need an attorney to represent you. An experienced personal injury attorney can also help you find medical specialists for serious injuries. Lawyers take auto accident cases on a contingency fee basis, which means you do not pay the lawyer his or her attorney fees if you do not recover any money. If you win, you pay the lawyer a percentage of the money you get. Most lawyers charge a smaller percentage if the case is settled before the lawyer does all the work necessary to pursue the case in court.
If you and your lawyer agree to a contingency fee, the lawyer must put the agreement in writing and give you a signed copy. The contract should explain what percentage the lawyer will get if you win and how it might vary. It also should state who will pay for any court or other costs.
4. What to do if the other party does not have insurance
If the other driver caused the accident and is not insured, your own policy can pay for your personal injuries if you have Uninsured Motorist (UM) coverage. Additionally, if the other driver’s insurance is not enough to pay for all of your damages, your own insurance may pay the difference if you have UM coverage. While UM coverage is not required by law, you should always obtain this coverage to protect you against an increasing number of uninsured motorists on the road.
5. What to do if the other party sues you
If you are sued, contact your insurance company or insurance agent and/or your lawyer right away. Generally, your insurance company will assign a lawyer to handle your case. But, if you are sued for more money than your policy covers, or if your insurance company indicates it may not cover you for everything, you may also need your own attorney.
The Law Offices of C. Joe Sayas, Jr. would like to wish you and yours a safe and happy New Year!
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.
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