Baxley Maniscalco Attorneys At Law
I’VE BEEN IN A WRECK THAT WASN’T MY FAULT: WHAT DO I DO NOW?
FREQUENTLY ASKED QUESTIONS
These are some of the questions asked most often by our clients. If you have other questions that aren’t included here, give us a call, send us a text, or message us in the chatbox, we’re happy to answer, free of charge.
Q. What should I do after an accident?
A. After calling 911 for emergency medical assistance, get the police on scene and document the collision with an accident report. Do not make any statement admitting fault. If you are able, take photos of the vehicles, the scene, and your injuries. Get the contact information from all the other drivers, passengers, and witnesses on the scene. We have a step by step guide to walk you through the next steps once you leave the scene.
Q. When should I get Medical Treatment?
A. If you were at all injured in the collision, seek medical treatment immediately. Insurance companies will frequently use delay in seeking treatment as an excuse to try not to compensate you fairly for your injuries. If your doctor recommends follow up treatment—follow all of the recommendations until you are fully recovered, or have reached the maximum recovery your doctor says you will achieve.
Q. SHOULD I ACCEPT A CHECK FROM THE AT-FAULT DRIVER OR THEIR INSURANCE?
A. We recommend that you don’t accept any payment before speaking to an experienced personal injury attorney. If you accept a check early on, you may find out later that the true value of your claim is much greater than what was offered to you.
Average Personal Injury Settlement
The average personal injury settlement typically ranges from $3,000 to $75,000. The likelihood of a payout of some amount is 70%. About 4% of cases go to trial. Settlements include money for medical bills, lost wages for time off work, mileage to and from medical appointments, pain and suffering and loss of the ability to enjoy life.
Q. HOW DO I PROVE WHO WAS AT FAULT IN THE ACCIDENT?
A. Legally speaking, you don’t need “proof” of anything when the case starts. We will begin by presenting your claim to the insurance company through an adjuster. We will argue that the other driver was careless and negligent in causing the accident. Even if there are potential arguments against liability, a well presented argument will frequently get you paid for your injury. When insurance companies are faced with a lawyer and realize you know what you’re doing, they typically prefer to pay a reasonable amount for the claim, rather than risk facing a lawsuit.
Q. WHAT IS NEGLIGENCE?
A. Negligence is the legal term for any careless behavior that causes or contributes to an accident. In order to collect damages (money) for an accident, the other driver will need to be found negligent.
Q. HOW SOON DO I NEED TO NOTIFY INSURANCE ABOUT MY INTENTION TO FILE A CLAIM?
A. The best advice is—don’t drag your feet. Moving quickly to hire an attorney and notify the at fault driver and their insurance of your claim gives the company time to “set reserves” and be prepared to pay you what your claim is worth. There is also a statute of limitations, which is the last date on which you can file a lawsuit for your injury. If you miss your state’s deadline, you will lose the right to recover for your claim.
Q. SHOULD I FILE AN INSURANCE CLAIM ON MY OWN?
A. While you can certainly start the claim on your own, and can even settle with insurance without an attorney, we recommend that you seek representation in almost all cases. Why? Our experience is that clients who are represented by attorneys get higher settlements, even after subtracting out the fees that are paid to your attorney.
Q. HOW DO I KNOW IF AN INJURY ATTORNEY IS CHARGING ME FAIRLY?
A. Before signing with an attorney, do a little bit of research on how injury attorneys get paid. The standard agreement is called a “contingency fee”, which means your attorney doesn’t get paid until you do. But the analysis doesn’t stop there. Attorneys can charge different contingency percentage rates. Ours is 33% of the injury recovery if we settle before a lawsuit is filed, and 40% if the case is filed. We’ve heard of attorneys charging as much as 50% of the total recovery for the client, even if a suit isn’t filed. This can significantly eat into your recovery.
WHAT IF THE OTHER DRIVER DOESN’T HAVE CAR INSURANCE?
A. If the other driver is uninsured, you may still be able to collect compensation from your own insurance company. This claim is made under the uninsured or underinsured motorist coverage portion of your car insurance policy.
CAN I GET PAID FOR MY INJURIES IF I HAD A PRE-EXISTING CONDITION?
A. The short answer is yes. The longer answer is that when a collision exacerbates your existing injuries, the at fault party is responsible for the resulting additional damage to your body, even if you were a particularly fragile individual (sometimes referred to in caselaw as an “eggshell plaintiff”).
WHAT DOES IT MEAN TO “STACK” INSURANCE POLICIES?
A. Personal injury attorneys and insurance adjusters frequently use the term “stacking” to refer to allowing an individual to collect from more than one policy of uninsured or underinsured motorist coverage. For instance, if your policy insures three different drivers/cars for your family, you may be entitled to “stack” the policies to collect more money for your injuries. This is an area that can be technical, which is one of the reasons that having a good personal injury attorney can be so valuable to you. Stacking policies can often be the difference between a $25,000 payout and a $75,000 payout, or a $100,000 payout and a $300,000 payout.
HOW MUCH IS A PERSONAL INJURY CASE WORTH?
A. The answer to this question boils down to putting a dollar figure on your “damages”. This means determining what the injury has cost you—physically, mentally, and monetarily. In some cases, the court will also consider whether the other party’s conduct deserves to be punished. Most damages are “compensatory”, and are aimed at making you as whole as possible. You’ll need to be reimbursed for your medical bills, time lost from work, and the property damage to your vehicle. The harder figure to calculate is “pain and suffering”, which is the inability to enjoy your life due to the physical limitations caused by your injuries. This gray area of pain and suffering is one of the major places your attorney can make all the difference in the settlement offered to you.
Auto Accident Checklist
Steps to take immediately after being in a car crash with another driver. Get medically checked out. Follow up with your primary doctor. Document everything. Take photos of the scene and your injuries. Notify your insurance company. Get follow up treatment for lingering medical issues.