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 Auto
Collision FAQs
Q.
What should I do if I'm injured?
A. Seek medical attention as soon as possible.
Medical documentation can be very important later on
even if your injuries seem minor now. Above all, if your
injuries persist, keep a diary of your medical
conditions and the problems they are causing you. This
information may be very helpful later as once the
injuries have resolved, they may be forgotten. If
forgotten, they may not be compensated.
Q.
What information do I need?
A. Get the name, address, telephone number and
automobile insurance information from the other driver.
Also, get the names, addresses and telephone numbers of
any witnesses to the accident. Make notes of statements
made by the other driver or occupants of the other
vehicle about how the accident occurred. Take
photographs of any damage to your vehicle and the other
vehicle.
Q.
Should I move my vehicle?
A. Unless your vehicle is creating the potential for
another accident, do not move it or the accident debris
until you are instructed to do so by the investigating
police officer.
Q.
Is it okay to talk about the accident?
A. Do not discuss the accident with anyone other
than the investigating police officer, your doctors, and
your lawyer. Insurance representatives are the LAST
people you want to talk to. It is okay to talk to them,
after your lawyer has properly counseled you.
Q.
Do I need a lawyer?
A. For cases involving anything more than a minor
injury, YES! Insurance companies are not your friends,
and they will not "take care" of you. Often,
claims adjusters are lawyers, so you are unevenly
matched right from the start. A lawyer will help you
obtain full and fair compensation for your injuries,
including all of your medical bills, lost wages, and
pain and suffering. Insurance representatives are only
looking out for their company, and they will not tell
you about your rights, nor will they give you a fair
offer. A lawyer has the ability to file a lawsuit and
expose the insurance company to additional expense and
to a possible payout for damages which might be more
than they'd settle for earlier.
Using
an experienced lawyer can actually increase the amount
of money you will be paid to compensate you for the
accident, so that even after the lawyer's fee is paid
you will have more money in your pocket than if you
attempted to represent yourself. An experienced lawyer
knows what you are entitled to receive as compensation.
Having an experienced lawyer on your side, representing
only you, tells the insurance company that you are
serious about protecting your rights. They know better
than to misrepresent their obligations or tell you that
you have to take whatever they offer. Peace of mind from
knowing your interests are being protected allows you to
get back to your life with as few delays as possible and
with a settlement that fairly compensates you for the
accident.
Q.
What is the process once I hire a lawyer?
A. The process begins with a meeting with the
lawyer. In my office we explain things to you, and ask
you to provide information to us so we can begin work on
your case. You will be asked to sign authorizations so
that we may obtain medical records and lost wage
documentation. A contract will be signed which
identifies you as the client and me as your lawyer.
Thereafter, we handles the details of collecting
information, dealing with insurance companies, and
generally overseeing all important matters for you, so
you can go about your normal routine and get back to
full health. Once your injuries have resolved, it is my
job to identify for you the value of your case, and
then, with your permission, to negotiate to recover that
money from the insurance company.
Q.
How does a lawyer charge for a personal injury case?
A. Most lawyers take personal injury cases on a
contingency fee basis. Normally the lawyer takes a fee
of one-third out of the settlement, or higher, if the
matter goes to court and a verdict is obtained in the
case. I charge one-third if we settle the case before
filing a lawsuit, and 40% once the lawsuit is filed.
Q.
What will this cost me?
A. You will not need any money up front, and the
possibility for having to pay out of your pocket at any
time is very small. While lawyers are ethically
prohibited from paying for the expenses of a client's
case, routinely the expenses are small and they are
advanced by the lawyer. Expenses before a lawsuit is
filed usually consist of costs for the police report,
and for copying medical records. In my office, these
expenses typically add up to no more than $50.00 per
case. I do not ask our clients to pay this up front, but
rather, I deduct expenses at the end once settlement is
reached. In cases involving litigation, each case is
different and will have varying expenses. Before
beginning that process, I always explain things
thoroughly to my clients, so that they understand what
is involved. Finally, I would never commit a client to
an expense that they did not approve of in advance.
Q.
Does fault matter?
A. The issue of fault is always important. If the
collision was not your fault, you should be compensated.
In both Maryland and Virginia, laws in these matters
focus on fault, and provide that if a party was
partially responsible for an accident, he or she cannot
recover against the other party, even if that party was
mostly at fault. In cases where our potential client was
partially, or even fully at fault, we determine if they
have coverages called PIP or MEDPAY on their own
insurance policies, and advise them on how to recover
these benefits.
Q.
What is "No-Fault" Insurance?
A. Maryland and Virginia do not have
"no-fault" insurance. Those states that do
have different variations of "no-fault"
insurance require minimum coverages to pay anyone who
was injured while in a vehicle involved in a collision.
The key feature of a no-fault law is the guarantee of
being paid by your own insurance company for a variety
of limited losses, whether or not you were at fault, in
exchange for giving up your right to make a claim
against the other driver. No fault laws are designed to
limit your recovery. Fortunately, no such limits have
been enacted in Maryland or Virginia.
Q.
The person who hit me has no insurance coverage. What do
I do?
A. Report the accident to your insurance company.
Your insurance policy most certainly has what is called
"Uninsured Motorist" coverage, which protects
you in cases exactly like this. Your premium, by the
way, does not and cannot go up because you make a UM
claim.
Q.
Can I get a rental car while my car is being repaired?
A. Yes. There are companies specializing in
providing cars to people whose cars are being repaired.
Look for them in the Yellow Pages or ask your attorney.
Q.
What will I get for my car?
A. You will get the amount of money necessary to
repair your car to the condition it was in before the
accident. If the car is a "total loss" you
would then be offered the amount the car was worth,
based on industry price-settings guides (like the Kelly
Blue Book), and the car would not be repaired.
Q.
Where do I have to take my car to get it repaired?
A. It is up to you to decide who you want to repair
your car. Do not be bullied by the insurance company
into thinking you have to have your car repaired by the
shop giving the lowest bid. You are entitled to have
your car repaired to the same condition it was in before
the accident.
Q.
If I have been hurt, who will pay for my treatment?
A. The person who caused the accident, or his or her
insurance company, is responsible for paying for your
treatment. Your insurance carrier may also be involved
in paying your medical claims in some cases. This does
not, however, relieve the at-fault party from paying for
all of these bills. In cases like these, there is a
"double" payment, and it is perfectly correct,
and legal. The "at-fault" party pays because
they caused the injury, and your company pays because
you paid premiums for them to do so!
Q.
Does the insurance company pick the doctor I have to
see?
A. No. You can use your own doctor. No one can tell
you what doctor you may use.
Q.
What do I do if I have to take time off from work?
A. Keep a record of the time you miss from work,
even if you still get paid because you use sick time or
vacation. Keep track of the amount of money you lose by
not being able to work. All this time you cannot work
has to be paid by the person who caused the accident.
Q.
What do I do with all the bills that come in after the
accident?
A. Talk with your lawyer about the bills. In my
office, we call doctors and ask that payment of the
bills be postponed until after your case has been
resolved. Many doctors will agree to this. Don't let the
bills worry you.
Q.
How do you know what pain and suffering is worth?
A. Pain and suffering evaluations are necessarily
subjective and are based on similar cases, and a
lawyer's experience and knowledge of the community. My
practice is limited to personal injury claims, and I
have been practicing law since 1980, during which time I
have handled thousands of cases.
Q.
What is my case worth?
A. This the most frequently asked question by new
clients. First, every case is unique. The value of an
injury depends on many factors which are probably
unknown when the client first contacts the lawyer. For
instance, the value of a case depends not only the
nature and extent of injuries, but also on the factual
circumstances of the accident. Many of these factors
cannot be known until the lawyers investigates the
claim. Before a value can be made, you should be fully
recovered from your injuries, and if that isn't
possible, your doctors should have provided a permanency
or disability rating. This is a letter stating you have
a permanent injury and how it will affect you. We must
have all the medical records so we can have a thorough
understanding of your treatment, your current condition
and your future prognosis. We must have a document
detailing the wages lost due to the accident. We must
also have a complete understanding of how the accident
affected you while you were recovering. Once all of this
information is available, then, and only then, can a
value be estimated. I provide this estimate to my
clients, in writing, before I attempt to settle their
cases.
Q.
Isn't it better to take the insurance company's
settlement offer instead of risking a trial where I
might lose and get nothing?
A. Your lawyer can advise you but it is your claim
and your injury so you have to make the final decision
of whether to settle or go to trial. Your lawyer's
experience can guide you in making your decision. He or
she knows the chances of success at trial and how far
below a full adequate settlement the insurance offer is.
Q.
How long does it take to conclude my case?
A. An experienced lawyer will be able to give you a
general guideline as to how long the case may take to
resolve. Generally speaking, the more complex the case,
the longer it takes. Sometimes a relatively simple case
can take a long time to resolve because of disputed
issues. Also, in a personal injury case, most lawyers
will not attempt to resolve a case until the client has
reached a medical end result. That is the point at which
the person is either healed or has reached a plateau
where a physical has reported that the patient will not
improve any further. The reason the case is not settled
until the medical end result is reached, is that the
lawyer needs to know the future consequences, if any, of
the injury. I want you to get as much as possible for
your injuries, so I wait until treatment is completed
before evaluating your case. We never rest, however.
While we wait for your treatment to be completed, we
gather the information that increases the value of your
case. We constantly do everything we can to move your
case forward toward settlement.
Q.
If I hire a lawyer but do not want to go to court, can I
settle?
A. Yes, the final decision to settle is yours alone.
In my office, I will be the person with whom the
insurance companies deal and to whom they make an offer
on your claim, but a final decision for settlement
cannot be made without your consent. You should
understand, however, that sometimes filing a lawsuit is
the only option when the insurance company offers an
unfair settlement amount. It is necessary to sue to
protect your rights to full and fair compensation. An
experienced lawyer can calculate the value of your case
so you will know whether the offer from the insurance
company is adequate or not. Finally, it is
well-documented that most lawsuits that are filed are
settled before trial. Regardless, we prepare every case
as if it might ultimately be decided by a jury. I
believe in being prepared in the event an agreement
between the parties cannot be reached. At the same time,
my philosophy is to aggressively pursue a resolution of
claims at all stages in the case, so that the process
does not become unduly difficult, burdensome, or
expensive for my clients, and so that I obtain the best
results possible . Through constant preparation, I can
negotiate from a position of strength, helping you get
the maximum award for your injuries.
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