Auto Accidents: Frequently Asked Questions
Answers From San Antonio Car Accident Lawyers
Car accidents can be frightening and frustrating experiences. Not only
are you dealing with property damage and injuries that will require medical
care and time to heal, but you also have to deal with the claims process
and all that comes with it, including insurance adjusters vying to protect
their own best interests. Don’t allow yourself to become overwhelmed
by this temporary upheaval in your life – it is wise to contact
a personal injury lawyer as soon as possible who can help your claims
process run smoothly and get you a fair amount of compensation. Below,
we have identified and answered five frequently asked questions that can
help you be more prepared to handle an auto accident situation.
What should I do if I am involved in a car accident?
If you are involved in a car accident, the first thing you should do is
contact the police and, if necessary, call for medical help. When the
police arrive, they will begin creating a police report detailing the
facts of the accident. You may speak with police about the facts of what
happened, but avoid making any statements about who was at fault. It is
a good idea to collect your own evidence by taking photos or videos of
the accident scene, including damage to your vehicles, location, and any
injuries you may have sustained. Also, take down the name and contact
information of any witnesses who may have been present when your accident
occurred. The evidence they provide could be very useful in building a
case for your claim. Contacting an experienced San Antonio car accident
attorney as soon as you can may also be the difference-maker in your case.
Should I give a statement to the at-fault driver’s insurance company?
No, never make any statements to an insurance adjuster. Remember that insurance
companies are not interested in paying any more than they have to, and
will do whatever they can to diminish your claim or avoid a payout. Also,
say as little as possible to the other driver for the same reason –
your words can be used against you and made to look like an admission
of guilt. Contact a lawyer right away for help on how to proceed with
How is liability determined in a car accident?
Determining who is at-fault in an accident is a matter of deciding who
was negligent. Sometimes this is easier to determine than others –
for example, if one driver clearly ran a stop sign or red light. It can
be much less obvious if, for example, an accident occurred when two vehicles
merged into the same lane. Your lawyer can help you examine the facts
and determine who may have been at fault in the accident. In order to
prove negligence, you will have to prove that the driver, who is legally
responsible for exercising care on the road, failed in this duty, resulting
in your injury.
What if the at-fault driver does not have insurance?
If you are involved in an accident with an uninsured motorist, you may
be able to collect compensation from your own insurance company if you
have uninsured motorist coverage or underinsured motorist coverage (UM/UIM).
This will help pay for any medical care or vehicle repairs you may need.
This may also protect you in the event of a hit-and-run accident.
If I decide to file a personal injury claim, will I have to go to court?
If the other party’s insurance company offers to pay what your lawyer
thinks your case is worth, and you agree to a settlement, then you will
not have to go to court. Otherwise, your case may require a formal trial
Do you need assistance filing an auto accident claim?
For more information, please contact a San Antonio personal injury lawyer
from Tom Rhodes Law Firm P.C. for a
free initial consultation. Hablamos Español.