Things to Consider When You Have Been in an Auto Accident
Posted on Sep, 29 2010Documenting Your Injuries: If you have been in an auto wreck and are injured, please see a doctor as soon as possible. Seeing the doctor helps document where you are hurting and why you are hurting. Once that is documented, then a course of treatment can be designed for your particular injury. The longer you wait to document your injuries, the less likely the insurance company will take your personal injury claim seriously. Moreover, they will use this delay in treatment against you at trial by suggesting that you must not have really been hurt in this wreck.
I Can’t Afford to See the Doctor: It has been my experience over the course of the last 15 years that about half of my clients simply do not have enough money to get the medical treatment they need. That does not mean that they are out of luck. Attorneys often have long-standing relationships with physicians who are willing to see the attorney’s clients on a lien basis. That means that the doctor is willing to wait to be paid until the case is settled. The payment to the doctor is made directly from the settlement.
What About the Damage to My Car? This is often the first major hassle that results from an auto accident. First, be sure to immediately photograph the damage and get a copy of the accident report from the police department that responded to your wreck. Typically, property damage claims travel one of two paths. The first path is having the vehicle repaired. The second is having the vehicle declared a total loss. If the cost of repairing your vehicle exceeds 80% of its value, then your automobile will normally be declared a total loss. For example, if your automobile was worth $10,000 the day before the wreck, and the cost of repairing the damage done by the wreck is $8,250, then the vehicle will likely be a total loss. A total loss is like a forced sale between you and the at-fault driver’s insurance company. In other words, you are, in effect, being forced to sell your car to the person who caused the wreck for an amount equal to its market value the day before the accident. If it is not a total loss, then you can have the vehicle repaired at a shop, and the at-fault driver’s insurance company will be responsible for the cost of repair. In addition, the at-fault driver’s insurance company is responsible for the cost of towing and storage. Dealing with the insurance company can sometimes be a real hassle. Fortunately, Georgia has strong protections in place to encourage the insurance company to promptly and fairly deal with the property damage portion of your claim. If they fail to do so, they can be subject to penalties and attorney’s fees.
Should I Contact the Insurance Company? Yes, but be careful. The first thing most insurance adjusters want to do is to take your statement. Do not give a recorded statement, and do not allow the adjuster to record your conversation. You don’t have to be mean about it. Just let the adjuster know that you are more than happy to tell him what happened, but that you are not comfortable with him recording it. Remember, they are professional claims handlers who handle many hundreds of similar claims every year. If you are injured you should hire an attorney so that you have a professional on your side. The personal injury claims are much more complicated and more difficult to settle for full value without an attorney. Also, you do not want to sign anything they send you without first consulting with an attorney. You may be signing away your rights to a future claim. If you are not injured and just want your car fixed, then you can ordinarily handle this without an attorney. Either way, you need to put the insurance company on notice.
Morgan Robertson, Keith Bodoh, and Matt Nasrallah are Marietta Ga lawyers serving the Marietta, Cobb County and Metro Atlanta areas. Searching for a car accident lawyer, click here?