While every situation is unique, as a general rule you do need to contact your insurance company after an accident, even if it is not your fault. Your insurance policy generally sets a deadline to notify them within a certain reasonable period of time after a car crash. If you don’t the insurance company may attempt to deny coverage for underinsured/uninsured motorist insurance and personal injury protection insurance, which can be a major setback.
Table of contents
- Why Do I Need to Report My Accident To The Insurance Company?
- What Happens When I Report My Accident to My Insurance Company?
- How Much Can I Recover in a Personal Injury Lawsuit?
- What Happens If I Don't Call My Insurance Company After a Car Accident?
- How Can A Lawyer Help Me After an Accident That Wasn't My Fault?
- When Could I Hold Someone Responsible for My Accident Injuries?
- What Should I Do After an Accident Injures Me?
- Who Pays for Damages in a Personal Injury Lawsuit?
- Accident Not Your Fault? Get the Help You Need With a Personal Injury Lawyer From William Mattar Law Offices
- Personal Injury FAQs
Why Do I Need to Report My Accident To The Insurance Company?
After any accident with an uninsured motorist that injures you, you need to report it to your insurance company. Doing so allows you to pursue compensation for your injuries and losses, a process that can be made less complicated with the help of an experienced personal injury lawyer.
Depending on how the process goes, you may need to pursue other legal options that help you recover the full extent of accident-related costs. However, these options might not achieve a favorable outcome if you never report the accident because the insurance company may try to deny coverage based upon a failure to cooperate/provide notice.
What Happens When I Report My Accident to My Insurance Company?
Processes vary across insurance providers. However, some of the largest follow these general practices:
- The company will assign a claims adjuster to your case. This person will investigate the accident and determine fault.
- Your insurance provider may request medical records and an official report. Having these details ready when you file your claim can help avoid delays.
- The insurance company will evaluate the claim and determine how much coverage you are entitled to under your policy. It will consider and use multiple aspects of your claim to value your injuries and losses.
- A settlement will be offered based on the terms of your policy and the insurers' evaluation. Carefully review any settlement offer before accepting it, as you may deserve more compensation than initially offered.
Depending on the insurance company's settlement offer, your lawyer can advise whether to accept the offer or accept additional compensation through a personal injury lawsuit.
While every situation is unique, common factors suggesting you may have a personal injury case include:
- Serious and long-term injuries that will require ongoing medical treatment
- You have suffered a significant loss of income due to the accident.
- You have experienced a decreased quality of life due to permanent disabilities or disfigurement.
Not all insurance companies willingly cover these damages and losses. With the help of an experienced personal injury attorney, you can confidently recover compensation the insurance company won't provide.
How Much Can I Recover in a Personal Injury Lawsuit?
A personal injury lawsuit can recover damages for losses and expenses related to the accident.
These damages may include:
- Medical expenses for past and future treatment not covered by no-fault insurance, including hospital stays, surgeries, medications, and rehabilitation programs.
- Lost wages due to missed work and potential future earning capacity. This also includes compensation for reduced or lost income if you cannot return to your previous job because of the injuries sustained in the accident.
- Pain and suffering, including physical and emotional distress, caused by the accident and its effects on daily life. Awards for this type of damage are often common in cases ranging from strains of the cervical spine to disfigurement, paralysis, and death.
- Property damage, including repairs or replacement costs for damaged vehicles and personal belongings. You may have trouble holding on to stable employment or carrying out daily activities without financial assistance to get back to a normal life.
To learn how much your case may be worth, consult an experienced accident lawyer as soon as possible.
What Happens If I Don't Call My Insurance Company After a Car Accident?
Failing to report an accident can lead to diminished or denied compensation. Other consequences may include:
- Growing expenses and losses. Without financial assistance from insurance or through a personal injury lawsuit, the burden of paying for medical treatment and other costs will fall solely on you.
It is advisable to report accidents to your insurance company, even if they were not your fault, to avoid these and other potential consequences.
How Can A Lawyer Help Me After an Accident That Wasn't My Fault?
Personal injury claims and lawsuits are complicated. Perform the process incorrectly and risk being left with less than your case may be worth.
A lawyer can help you avoid potential obstacles with:
- Extensive experience that provides comprehensive legal support tailored to your case.
- Aggressive negotiation tactics to help you recover a settlement that best represents your damages and losses.
- Investigative resources and techniques to help gather evidence, interview witnesses, and build a strong case for compensation.
- Guidance in understanding your legal options and making informed decisions about how to confidently pursue a personal injury lawsuit.
These benefits can help you overcome common obstacles to recovering compensation, such as:
- Insurance companies attempting to minimize or deny your claim.
- Difficulty proving fault and determining liability in complex accident situations.
- Limited knowledge of personal injury laws and how they apply to your case.
- Stress and emotional turmoil caused by the aftermath of a car accident.
Even if you are unsure if you have a valid personal injury claim, consulting with a lawyer can provide valuable insight and advice. Free case evaluations can help you explore your legal options without any financial risk.
When Could I Hold Someone Responsible for My Accident Injuries?
The shock of an accident often leaves injured parties confused and overwhelmed, unsure of who is responsible for their injuries.
In general, any accident caused by another driver's negligent or reckless actions can result in injuries which warrant compensation, including:
- Rear-end collisions where you are the driver or passenger in the front vehicle. Alternatively, if you were the rear driver but the other driver was distracted, intoxicated, or displaying improper driving behaviors.
- Head-on collisions where another driver crosses into your lane of traffic and slams into the front of your person or vehicle.
- T-bone accidents where a driver runs a red light or stop sign and crashes into the side of your vehicle.
- Sideswipe accidents caused by a driver merging into your lane without proper signaling or checking for other vehicles.
- Rollover accidents, often caused by excessive speed, distracted driving, or reckless behavior.
- Backing up accidents in parking lots or driveways where the other driver was not paying attention.
- Dooring accidents where a driver or passenger opens their car door into the path of a cyclist or motorcyclist.
- Pedestrian accidents caused by negligent drivers failing to yield or follow traffic laws.
- Slip-and-fall accidents where property owners fail to maintain safe conditions for visitors, resulting in serious injuries.
- Self-driving car accidents caused by a malfunction, software error, or reckless driver.
When injuries from the accidents result from another person’s negligent or reckless actions, seek legal representation to help you pursue the compensation you deserve.
What Should I Do After an Accident Injures Me?
Contacting your insurance company is not the only step you should take after an accident. After the incident:
- Notify the DMV and local police department if vehicles were in the accident.
- Report the incident to property management or owners if it occurred on a public or private property
- Seek additional medical attention for your injuries, even if they initially seem minor.
- Avoid discussing the accident with the other party's insurance company or making any recorded statements without first consulting a lawyer.
- Keep detailed records of all expenses associated with the accident, including medical bills, lost wages, and impact on daily life.
Get the assistance you need by taking these steps with the help of an experienced personal injury attorney. Their guidance and support can make all the difference in your ability to recover compensation and move forward after a traumatic accident.
Who Pays for Damages in a Personal Injury Lawsuit?
You can hold single or multiple parties responsible for damages in a personal injury lawsuit, including but not limited to:
- Employers of at-fault drivers, if the accident occurred during work hours or while conducting work-related tasks.
- Vehicle manufacturers, if a defect in the car played a role in causing the accident.
- Government agencies responsible for maintaining safe road conditions and signage.
- Bar or restaurant owners who served alcohol to a visibly intoxicated person who caused the accident.
- Property owners or businesses who failed to maintain safe conditions on their premises.
A lawyer can help you identify all potential parties who may be held liable for your damages and work to hold them financially accountable for their negligence. Don't bear the financial burden of an accident that wasn't your fault - seek legal support and pursue the compensation you deserve.
Accident Not Your Fault? Get the Help You Need With a Personal Injury Lawyer From William Mattar Law Offices
There are a lot of steps you'll need to take after an accident that wasn't your fault to protect your rights and pursue compensation. Don't face this complicated process alone - turn to the experienced personal injury attorneys at William Mattar Law Offices for guidance, support, and experienced legal advocacy.
Schedule a free case evaluation today to learn how we can help you recover maximum compensation.
Personal Injury FAQs
When should I file a personal injury lawsuit?
In New York, you generally have three years to file a personal injury lawsuit against the other party or parties at fault for your injuries. However, this statute of limitations may change depending on the circumstances of your case, and can be as short as one year, with even shorter notice of claim requirements. Consult a lawyer as soon as possible after the accident to avoid missing the deadline.
When will I receive compensation?
The time it takes to receive a settlement will depend on the other party's willingness to negotiate and the complexity of your case. Trust that a lawyer can work hard to keep the process moving as quickly as possible while advocating for the full extent of compensation you deserve.
How much does it cost to hire a lawyer?
Hiring a lawyer may not cost you anything upfront, thanks to the contingency fee basis under which most personal injury law firms operate. This allows you to delay payment until you receive a settlement or court award. Speak with a lawyer to learn more about this payment system.
I was in a slip-and-fall accident; what type of claim can I file?
You may recover compensation through a premises liability claim against the property owner's insurance policy. This can compensate for medical expenses, lost wages, and pain and suffering. A lawyer can help you understand how to effectively pursue this type of claim.
What evidence can help strengthen my case?
Evidence demonstrating the other party's negligence or recklessness can strengthen your personal injury case. This can include medical records, wage statements, police reports, and correspondence with insurance companies. Your lawyer can help gather and present the necessary evidence to support your claim.