AUTOMOBILE ACCIDENTS

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Court costs and case expenses are the responsiblity of the client only if we win or settle the case.

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If you have been in an automobile accident it is important that you have a lawyer to sort out who you have a claim with and what the claim is worth. There are multiple types of insurance that can be payable after an automobile accident and the amount of each varies.

FREQUENTLY ASKED QUESTIONS

• Why do I need a lawyer if I have been in an automobile accident?
  
• What are damages?
  
• What are the types of insurance?
  
• What is no-fault insurance?
  
• What is bodily injury insurance?
  
• What if the other driver is uninsured or doesn't carry enough insurance?
  
• What should I do if I have been in an accident?
  
• How long do I have to file a claim?
  
• Who do I have a claim against?
  
• What if I am a passenger and I am injured?
  
• Do I have a Workers' Compensation claim?
  
• What if I am partly at fault in the accident?
  
• What is comparative negligence?
  
• What is stacking?
  
• Why do I need a lawyer, if the other insurance company has already offered me money?
  
• What do I deserve for my claim?
  
• When should I contact a lawyer?
  
• What should I bring to the lawyer's office?
  

WHY DO I NEED A LAWYER IF I HAVE BEEN IN AN AUTOMOBILE ACCIDENT?

If you have been in an automobile accident it is important that you have a lawyer to sort out who you have a claim with and what the claim is worth. There are multiple types of insurance that can be payable after an automobile accident and the amount of each varies.

WHAT ARE DAMAGES?

Damages are losses that resulted from the accident. They include medical bills, lost wages, pain and suffering, property damage, and future medical expenses among other things. Your damages determine what your claim is worth.

WHAT ARE THE TYPES OF INSURANCE?

• Basic Reparations Benefits (BRB) This is also called personal injury protection (PIP) or automobile no-fault. This is insurance that you purchase to pay for your medical bills, lost wages up to $200 per week and a $1,000 funeral benefit for you and each of your passengers of up $10,000 per person. PIP is most often applied to your medical bills or lost wages and usually does not require a lawyer for you to begin obtaining it.

  You can also purchase Added Reparations Benefits (ARB) in addition to BRB to give you more coverage in case of an accident. ARB can be purchased in amounts up to $40,000 and may include lost wages of up to $400 a week.

• Bodily Injury Insurance If the other driver is at fault, he or she has bodily injury insurance (BI) that may be available for you for medical bills, lost wages, or pain and suffering. The amount of bodily injury insurance of the person who hurts you is the maximum amount that person's insurance company will pay to you.

  The minimum amount required by law for BI is $25,000 per person, $50,000 per accident and property damage of $10,000 per accident or a single limit policy of $60,000. When purchasing BI insurance, a person with assets to protect would need, at a minimum, $100,000 with a single limit policy.

  If the BI insurance of the other driver does not cover your damages, your own insurance policy may have Underinsured Motorist Insurance (UIM) or Uninsured Motorist Insurance (UM). Insurance companies do not like to pay out these policies so it is important to have a lawyer negotiate on your behalf.

• Uninsured Motorists Insurance (UM) This is insurance that you purchase to pay for your injuries if you are injured by an uninsured motorist. Since the worst drivers on the highway are usually uninsured, you should buy plenty of Uninsured Motorists Insurance.

• Underinsured Motorists Insurance (UIM) This is insurance that you purchase to pay for injuries that are greater than the bodily injury insurance of the person that hurts you. The $25,000 per person bodily injury insurance required by law is inadequate if a person is seriously injured. Statistics show that younger, less experienced drivers tend to have more accidents and experience shows that they tend to have less insurance. Persons arrested for DUI, speeding or reckless driving have the highest insurance costs, and therefore less insurance and it should be no surprise that they are more likely to have serious accidents. Buy plenty of UIM coverage.
• Other insurance
  • Collision pays for damages to your automobile if it is damaged in a collision.
  • Comprehensive pays for damages to your automobile other than those paid by collision insurance such as vandalism or theft.
  • Property damage pays for damages to the other person's automobile or property if you are at fault in the accident.

WHAT IS NO-FAULT INSURANCE?

This is insurance you purchased which pays for your medical bills and a small amount of lost wages. It is also known as Basic Reparations Benefits.

WHAT IS BODILY INJURY?

Every insurance policy has Bodily Injury insurance (BI) which will pay for injuries to another person. If you are injured, this is the main type of insurance you will try to collect your damages from.

WHAT IF THE OTHER DRIVER IS UNINSURED OR DOES NOT CARRY ENOUGH INSURANCE?

Your insurance policy may have Uninsured Motorists Insurance or Underinsured Motorists Insurance (UIM) which will pay for your injuries in the above instances.

WHAT SHOULD I DO IF I HAVE BEEN IN AN ACCIDENT? (Printable version to keep in car)

1. Help the injured.
   • Stop serious bleeding.
   • Help the injured to safety.
   • Use judgment moving an injured person, it could harm him.
   • Call 911 for an ambulance.
   • If the injured is cold, cover him with blankets or coats.
2. Call the police (911).
3. Make every effort to prevent further accidents.
   Have a flagman warn approaching vehicles. Warn the flagman to be careful not to be run over. If at night, the flagman must have a flashlight. Put out flares and reflectors.
4. Do not move your car or any debris until the police tell you to, unless it creates the hazard of another accident.
5. If you are injured go to the hospital.
   • Go to the emergency room if you are injured or experience any pain immediately following the accident.
   • If you experience pain or other symptoms within days or weeks after the accident, see your doctor or go to the hospital.
6. Discuss the accident only with the police, your insurance company, your lawyer, and no one else.
7. Exchange with all witnesses:
   • Names
   • Addresses
   • Phone numbers
8. Exchange with other drivers:
   • Names
   • Addresses
   • Phone numbers
   • Insurance information
9. Tell the investigating officer, if you believe the driver of the other vehicle is under the influence of drugs or alcohol.
10. Take photographs of:
    • the scene
    • the damage to your vehicle
    • your injuries (in the hospital and as you heal)
11. Promptly report the accident to your insurance company.
12. Telephone a lawyer experienced in personal injury cases.
    Lawyers handle most accidental injury cases on a contingent fee basis. They are only paid if they win your case and you collect.

HOW LONG DO I HAVE TO FILE A CLAIM?

There is a time limit on how long you have to file a claim. Generally you have two (2) years to file a lawsuit in an auto accident claim, but in some cases or parts of cases, you only have one (1) year. For this reason you should contact a lawyer without delay.

WHO DO I HAVE A CLAIM AGAINST?

You may have claims against multiple insurance companies. It is important that you have a lawyer to sort out who you have a claim with and what the claim is worth.

WHAT IF I WAS A PASSENGER AND WAS INJURED?

In addition, if you are a passenger, you may be able to collect damages from several insurance companies.

DO I HAVE A WORKER'S COMPENSATION CLAIM?

If you were injured in an automobile accident while working, you may also have a worker's compensation claim.

WHAT IF I AM PARTLY AT FAULT IN THE ACCIDENT?

Even if you are partly at fault in the accident, you may be paid for part of your damages. This is known as Comparative Negligence.

WHAT IS COMPARATIVE NEGLIGENCE?

This means that even though you may be partially at fault, you can be paid for a part of your damages. For example if your damages were $100,000 and you were 50% at fault, you would be entitled to receive $50,000.

Conversely, if you were 25% at fault in causing damages of $100,000, you or your insurance company would pay $25,000.

WHAT IS STACKING?

If you have two or more automobiles, you may stack (add together) certain coverages on each automobile so that you have two or more times the coverage on an accident. Stacking is permitted with Uninsured Motorists Insurance (UM), Underinsured Motorists Insurance (UIM), and Added Reparations Benefits (ARB). It is not permitted with Bodily Injury (BI), Basic Reparations Benefits (BRB), collision, comprehensive or property damage insurance.

WHY DO I NEED A LAWYER IF THE OTHER INSURANCE COMPANY HAS ALREADY OFFERED ME MONEY?

The insurance company is not on your side. They will try to settle your claim for the lowest possible amount. You should consult with an attorney experienced in automobile accidents to see what your claim is worth and if an insurance company's offer is fair.

WHAT DO I DESERVE FOR MY CLAIM?

You deserve to be paid for medical expenses, lost wages, pain and suffering, property damage, future medical expenses, future lost wages, and future pain and suffering among other things.

The amount you receive depends upon the seriousness of your injuries, your losses, the amount of insurance involved, and the skill of your lawyer.

WHEN SHOULD I CONTACT A LAWYER?

As soon as you know you are seriously injured and you or a family member are able to talk to a lawyer.

Serious injures are those involving broken bones, surgery, lost limbs, herniated discs, ruptured discs, extensive hospital stays, loss of vision and death. Pictures of you in a cast or in the hospital help make your case worth more money by showing how serious and dramatic your injuries are.

WHAT SHOULD I BRING TO THE LAWYER'S OFFICE?

When you come for your first visit it is important to bring any information you have about the accident or your injuries. These items include:

1. Police accident report
   
2. Medical records
   
3. Medical bills
   
4. Pictures of your injuries
   
5. Pictures of the accident
   
6. Letters or business cards from any insurance company
   
7. Your insurance policy or declaration sheet

We do not expect you to have all this information on your first appointment. Although this information is very important, we can start your case without it. Just bring what you have.

HOW LONG DO I HAVE TO FILE A CLAIM?

There is a time limit on how long you have to file a claim. Generally you have two (2) years to file a lawsuit in an auto accident claim, but in some cases or parts of cases, you only have one (1) year. For this reason you should contact a lawyer without delay.

Hiring a lawyer will help you get the settlement you deserve. At Al Miller Law Offices your first appointment is FREE so call us at 270-754-5502 for an appointment. If you decide to hire us, you will not pay your attorney's fees until you win your case. Court costs and case expenses are the responsiblity of the client only if we win or settle the case.

ALL APPOINTMENTS ARE CONFIDENTIAL AND WITHOUT OBLIGATION.

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