Yikes! You were in an automobile collision. Now what?
If you or a family member was injured in an automobile collision you have rights regardless of fault. There is a very good chance you may lose some or all of your rights to recover if you speak to an insurance adjuster before you are instructed on your rights and responsibilities by a competent attorney. Therefore, your best option is to speak confidentially to one or more attorneys before you give statements to insurance adjusters, and in some cases before you speak to the police.
IF YOU WERE NOT AT FAULT
When another person is negligent and caused a collision between and automobile and virtually anything else and you suffered personal injury and/or property damage because of that negligence, you have the right to be made whole. That means, you are entitled to be paid for your injuries and damages and put back in the condition you and your property were in before the negligent acts that caused you damage.
Some of the ways you might have been damaged include the following:
Personal Injury (including medical bills and pain and suffering)
Property damage
Loss of income
Out of pocket expenses that would not have been necessary but for the negligence of the other party.
In addition, your spouse, if you are married, may have his or her own claim for the loss of the services, society and companionship that you formerly provided but were unable to temporarily or permanently.
If you were a spectator when a close family member was injured, you might also have a claim for the trauma you endured at seeing a loved one being injured. This might apply if you see your child being struck by a car driven by a negligent driver or some similar situation.
IF YOU WERE AT FAULT
This is the circumstance for which you purchased liability insurance. Regardless of how badly you feel about the accident and your part in it, DO NOT ADMIT LIABILITY AT THE SCENE or later for that matter. Your job at the scene is to make sure that everyone involved is safe and comfortable and has whatever medical attention is needed. When the investigation is conducted, do not conclude that you were at fault. Only state the facts about what did or didn’t happen. It will be up to others to determine the fault and you can hurt yourself severely by taking that determination out of the hands of the investigators.
Do not leave the scene before giving the other parties all the information needed to contact you and your insurance carrier. If the police investigate, cooperate by giving true facts and do not try to assess fault.
There is lots more to tell you. If you have specific questions I am here to answer them for you. Use the contact box on the right or call me. I am in Alpine, CA, but the information I can give you will apply anywhere in the state.
Carter Johnston