What Should I do after the accident? Personal injury / Car Accident Attorney advice
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WHAT SHOULD I DO IF THE OTHER DRIVER DOES NOT HAVE INSURANCE?
If the other driver caused the accident and is uninsured, your own policy will pay for your personal injuries if you have uninsured motorist coverage up to the limits of your policy. These claims should be brought by your
Southern / Northern California car accident attorney. If you do not have this type of insurance you can sue the uninsured driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay the damage he or she has caused. Frequently, uninsured drivers, when sued, will declare bankruptcy.
Make sure you have uninsured and underinsured coverage. Underinsured coverage means if, for instance, the defendant only has $15,000 liability coverage and you suffer, for instance, $275,000 in damages, you can claim the $15,000 of the underinsured defendant and your own company will pay the difference between what you collect from him and the amount of your damages ($275,000 - $15,000) or $260,000.
Some of the cheapest and best insurance you can buy is uninsured/underinsured coverage from your own company. If you suffer a catastrophic injury in an automobile accident at the hands of an uninsured or underinsured driver, you can still be compensated for your injury. Buy as much uninsured/underinsured coverage as you can afford!
WHAT IF SOMEONE SUES ME?Contact your insurance agent right away. Generally, your insurance company will assign a defense car accident lawyer to handle your case. But, if you are sued for more money than your policy covers, you may need your own attorney too. Insurance company lawyers do not handle traffic citations or criminal cases, such as hit and run charges. So, if you receive a traffic citation or are charged with a crime, you should talk with your own car accident lawyer immediately. If you do not know a car accident lawyer, ask a friend, co-worker, employer, or community organization to recommend one. Or, look in the Internet for a good attorney.
WHAT IF I WANT TO OBTAIN RECOVERY FOR PERSONAL INJURY?Select a
personal injury attorney with substantial experience. Try to obtain an attorney who limits his practice to Personal Injury.
Although you retain an attorney, the attorney settles many cases before suit is filed and, even if suit is filed, most cases are settled before going to trial. This is mainly due to the discovery process (discussed below). The law provides each side the opportunity to discover the other side's case. This facilitates settlement.
If the other driver was at fault, you are entitled to compensation for your personal injuries, pain and suffering, car damage and other expenses, such as lost wages or payment for a nurse needed after the accident. You should contact a
Personal Injury Attorney immediately. A good
Southern / Northern California car accident attorney will almost always net you far more money (after payment of attorney fees) than if you tried to handle the case yourself. The other side's insurance company will start building a case against you immediately and that is why you need immediate counseling from your own attorney.
If you want to sue, do not delay. There are time limits for filing various types of claims. Failure to observe those time limits will result in loss of your rights. In California many factors are considered in determining the Statue. These factors operate to extend or reduce the time you have to file a lawsuit. This is a very complicated area and you should not try to analyze statutes of limitation by yourself but should consult with an attorney immediately.