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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 your claim.

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 proceeding.

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.

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