Personal Injury FAQ
How do I file a claim against the other driver’s insurance company?
If the police came to the scene (which is something you should make happen whenever possible) then an accident report will be prepared and the other driver’s insurance information will be noted on the report. You can call that company and start the claims process, but read below regarding what to expect.
How do I handle my treatment bills that result from the accident?
You may have several layers of insurance for your treatment, including your auto policy (which should provide a certain amount of what is called “medical payments” or “med-pay” coverage for treatment you may need due to a car accident) as well as your health insurance. In most instances you should start with your auto policy med-pay coverage and use it until it is depleted, followed by your health insurance. The other driver’s insurance company usually refuses to pay for treatment unless the payment is part of a complete settlement of your claim. Read below regarding settlements.
Absolutely! Many times what appears to be a minor accident with only minor injuries can develop into a serious claim involving serious injuries. You should proceed very slowly in evaluating your injuries, and should do so with the help of quality medical providers. There is no rush to settle. In most instances you have at least a few years before you might be looking at a deadline for resolving your claim (but keep in mind that a notice of claim might need to be filed within weeks of the accident if your claim involves a governmental office or organization).
It depends on the claim, and the paperwork. Sometimes the insurance company will use your authorization to gather records from years ago or records that have nothing to do with your injuries from the accident that will then be used against you. It is best to proceed cautiously in allowing insurance companies access to your private information, including medical records.
What if I am injured while driving someone else’s vehicle?
This can get complicated. Usually the car owner’s insurance policy is the primary source of insurance for you. After that, your own auto policy may also provide coverage, even though your car was not involved in the accident.
This is not supposed to happen but often does. When it happens you may still be able to recover for your injuries under the “uninsured motorist” or “underinsured motorist” coverage provided by your own policy.
What should I do about damage to my vehicle?
Usually the other insurance company will handle damage to your vehicle separately from your injuries. But, do not hesitate to ask your insurance company for help if you start to get the run-around from the other driver’s insurance company. Assuming the other driver is 100% at fault then the other driver’s company should pay to have your car fully repaired, and should also pay for a rental car while your car is inoperable. Again, if the other company is not cooperative, then ask your insurance company to pay for the damage and the rental, and you can deal with the other driver’s company later. Do your best to obtain photos of the damage to all cars involved in the collision before any repair work is performed!
What if I miss time from work due to the accident?
The party at fault is responsible for compensating the people who suffered due to the accident. This includes not only medical bills but also other “damages” such as lost time from work, lost opportunities of many other types, and loss of enjoyment of life.
Should I contact a lawyer or deal with the insurance companies myself?
This depends on you, and perhaps on the cooperation of the insurance companies you are dealing with and the circumstances surrounding your claim. To be honest, if your claim is relatively modest and straightforward, then you may want to attempt to resolve your claim without an attorney in order to save money. But there is an old saying about being penny wise and pound foolish, and you should be very careful about dealing with claims on your own. The good news is that most quality personal injury law firms will be happy to meet with you to discuss your claim and give you some guidance, at no charge.
How much do I have to pay my lawyer?
Personal injury claims at Irwin, Tardy & Morris are handled on a contingent fee basis. This means that you pay nothing unless we collect money for you. Our usual contingent fees is 1/3 of the amount collected.
