There are a lot of things people get wrong after an accident. It’s not because they don’t care, but because they just don’t know better. So many questions will flood your mind immediately after the crash, and they don’t stop coming in the days and weeks that follow.
To put your mind at ease, we’ve taken the time to put together six questions to ask your car accident lawyer. Let’s get to them immediately.
1. How Do I Prove the Other Driver Was at Fault?
This is probably one of the first things that’s going to cross your mind: Was it their fault? Was it mine? And how do I prove it? Fault in a car accident isn’t always as cut and dry as you’d think. Even if you think it’s 100% the other driver’s fault, they may argue it was a shared responsibility. That’s why you want to gather as much concrete evidence as possible.
If you can show that the other driver was breaking traffic laws, perhaps they were speeding, texting, or maybe running a red light, that’s solid proof of negligence. Most of the time, the more reckless person is the one found at fault.
2. How Long Do I Have to Report the Accident to My Insurance Company?
Most policies require you to report an accident within a certain timeframe, which could be anywhere from 24 hours to a few days. Failing to report the accident in time could jeopardize your ability to file a claim.
3. What If the Other Driver Has No Insurance?
In some states, uninsured motorist coverage is required by law. In others, it’s optional, so you’ll need to check your policy to see if you have it. If you do, your insurance company will step in and cover the costs that the uninsured driver would have been responsible for.
If the other driver has insurance but doesn’t have enough coverage to pay for all of your damages, you may be able to rely on underinsured motorist (UIM) coverage.
This works similarly to UM coverage, filling in the gaps when the at-fault driver’s insurance falls short. Again, this coverage may or may not be included in your policy, so it’s important to check.
4. Is the Insurance Adjuster Trustworthy?
One of the biggest mistakes people make is getting too comfortable on a call with an insurance adjuster. You might be tempted to tell the adjuster exactly how the accident happened from your point of view, or casually say, “I’m feeling okay.” But those words can come back to bite you. In fact, never talk to them without your lawyer present.
5. What If I’m Too Hurt to Work?
If your injuries from the accident are serious, you might find yourself stuck in a tough spot, unable to work, and watching your bills pile up. You can consider looking into short-term or long-term disability benefits if your job offers them.
These programs provide you with a percentage of your income while you’re unable to work. Each plan is different, so you’ll want to review your benefits and file a claim as soon as possible.
You may also be able to recover lost wages through the at-fault driver’s insurance or your own if you have certain coverage. You’ll need to document how much time you’ve missed from work and how much money you would have earned if you hadn’t been injured.
6. What Happens If My Car Is Totaled?
If the cost to fix your car exceeds its value, it’s considered totaled. In most cases, your insurance company will pay you the actual cash value of the car, that is, what it was worth at the time of the accident. This value is determined by things like your car’s age, mileage, and overall condition before the crash.
If your car is totaled and you still owe more on your loan than the car is worth, you could be left paying off a car that no longer exists. At this point, your gap insurance will come into play.
If you had gap insurance, it would cover the difference between what your car was worth and what you still owe on it. If you don’t have gap insurance, you’re responsible for paying the remaining balance of the loan out of pocket.
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