Automobile Accident FAQs
Auto Accident Attorney Marc J. Atas has compiled a list of the most frequently asked questions. If your question is not answered here, please feel free to email us the question and we will be happy to answer it.
- What if I was not wearing a seat belt at the time of my accident? Can I still recover damages?
- What determines who is responsible in an automobile accident?
- Should I release my medical records to the driver's insurance adjuster?
- What happens if the cause of the automobile accident is not clear?
- If I file a personal injury claim, do I have to go to court?
- If I don't feel injured after an automobile accident, should I see a doctor?
- What if I believe the accident was partly my fault?
- Can I still win my case if my memory of the accident now conflicts with things I might have said at the time of the accident?
- I was in a car accident and the air bags in my car didn't deploy. Do I have a case against the car manufacturer?
- What is PIP?
- What is a PIP waiver?
- How do I get my vehicle repaired?
- Will my insurance company rates go up if I collect under the collision portion or PIP portion of my policy?
- What if the person who causes the accident does not have insurance?
- What benefits can I collect in a motor vehicle accident?
- How long does it take to settle an automobile accident claim?
- What is my case worth?
- What if I cannot afford a lawyer to represent me for an automobile accident?
What if I was not wearing a seat belt at the time of my accident? Can I still recover damages?
In some states, not buckling up can negate or reduce any potential compensation for damages, on the basis that people suffer more severe and expensive injuries when they're not wearing seat belts. In other states, this is not the rule. In Maryland for example, the primary seat belt law went into effect October 1, 1997 and the non-use of a seat belt is NOT admissible evidence in injury cases filed before that date, and IS admissible evidence in cases filed after that date.
What determines who is responsible in an automobile accident?
Figuring out who is at fault in a traffic accident is a matter of deciding who was careless. And for vehicle accidents, there is a set of official written rules telling people how they are supposed to drive and providing guidelines by which liability may be measured. These rules of the road are the traffic laws everyone must learn to pass the driver's license test. Complete rules are contained in each state's Vehicle Code, and they apply not only to automobiles but also to motorcycles, bicycles and pedestrians.
Should I release my medical records to the driver's insurance adjuster?
No. Medical record releases should only be signed under limited circumstances and after consulting with a qualified personal injury lawyer. If your medical information gets into the insurance adjuster's hands, it could potentially hurt your case.
What happens if the cause of the automobile accident is not clear?
It is sometimes difficult to say that one particular act caused an accident. If you can show that the other driver made several minor driving errors or committed several minor traffic violations, then you can argue that the combination of those actions caused the accident. Almost half the states have some form of no-fault auto insurance, also called personal injury protection.
If I file a personal injury claim, do I have to go to court?
If another driver's insurance company agrees to pay what your attorney believes your case is worth, and you wish to settle for that amount, then your case will not go to court. This is what happens in most situations. Some cases do require a formal trial proceeding, however, in either situation, hiring a law firm with experience in handling personal injury cases is critical.
If I don't feel injured after an automobile accident, should I see a doctor?
Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. It is not recommended that you settle claims from an accident until a doctor has seen you and advised you about the extent of your injuries.
What if I believe the accident was partly my fault?
You are probably not in the best position to assess how or why the accident happened. Defective equipment in your vehicle, a malfunctioning traffic signal, or another driver's intoxication are among many possible causes of an accident, which your attorney can investigate and evaluate. Accepting blame and apologizing to another driver may be used as evidence against you at trial. Leave it to a judge or jury to decide who is at fault.
Can I still win my case if my memory of the accident now conflicts with things I might have said at the time of the accident?
It's very common for people to say things at the time of an incident that they later realize were inaccurate. Sometimes, a witness may misstate what you said about how the incident took place. You might have a hard time explaining how it is that you now remember things differently than you did at the time of the incident, but if you consult with an attorney, he or she will have experience handling such a situation, and can help find support for your side of the story.
I was in a car accident and the air bags in my car didn't deploy. Do I have a case against the car manufacturer?
That depends, as there are several factors that dictate whether an air bag will deploy in a collision. 65 to 90 percent of vehicles on the road in the U.S. have some degree of electronic data recorder (EDR). Contents of your EDR should be downloaded and preserved. If the circumstances of your accident were such that the airbags should have deployed, you very well may have a product liability claim against the manufacturer.
What is PIP?
PIP stands for Personal Injury Protection and is insurance coverage which is paid by the insurance company for the vehicle that you were in at the time of the accident or if you were a pedestrian the vehicle that may have struck you. PIP pays medical expenses and/or lost wages up to $2,500.00 unless in your policy PIP benefits exceed $2,500.00. These benefits are paid no matter who is at fault, as long as your policy carries the coverage. If your medical expenses or lost wages exceeds $2,500.00 PIP will not pay anything over the $2,500.00 limit.
PIP is typically paid directly to the medical provider, so that if the medical expenses exceed $2,500.00 and are paid to the doctor, then there will be no PIP benefits available for lost wages. If you need to collect your lost wages immediately, then inform your Baltimore auto accident attorney that you would like the PIP benefits to be used for your lost wages first, instead of paying the doctors first.
What is a PIP waiver?
A PIP waiver occurs when the vehicle you were in at the time of the accident does not have PIP coverage. A PIP waiver can apply even though the vehicle you were in has PIP coverage if you live in a household where anyone in that household that you are related to has a vehicle and has waived PIP coverage, then it is waived for anyone in the household when they are involved in an accident even though that vehicle was not involved in the accident.
For instance, if you are involved in an accident in your friends vehicle that has PIP coverage, but you own a vehicle and you have waived PIP under that particular policy or if you live with your parents and they have waived PIP coverage under their policy, then you would not be able to make a PIP claim under the policy for the vehicle involved in the accident, even though that vehicle had PIP coverage. Anyone else who was in the vehicle at the time of the accident who had not waived PIP coverage anywhere else would be able to make a claim for PIP.
How do I get my vehicle repaired?
If you are involved in an accident and the accident was not your fault, then you may get your vehicle repairs paid for either by the insurance company for the person who caused the particular accident or you may be able to get the vehicle repairs paid for under your own insurance policy. If the person who caused the accident, admits fault quickly then it is always best to get the vehicle fixed under their insurance policy.
Once the vehicle is in the shop to be repaired, normally the insurance company will authorize a rental car until the car is fixed. If the person at fault does not admit that they are at fault quickly, then you can get the vehicle fixed under your collision coverage of your policy, subject to a deductible. If your insurance company pays under the collision portion of your policy they will then attempt to get their money back from the person at fault in the accident and will also get you back your deductible.
Will my insurance company rates go up if I collect under the collision portion or PIP portion of my policy?
If your property damage is fixed under the collision portion of your own policy, then your insurance company may raise your rate or may cancel you, unless they are able to get their money back from the person who was at fault in this particular accident. The insurance company cannot cancel you or raise your rates if you collect PIP benefits no matter who is at fault.
What if the person who causes the accident does not have insurance?
If the person who caused the accident doesn’t have insurance, then you can collect under the uninsured motorist portion of your policy. Under the uninsured motorist portion of your policy, your insurance company will step into the shoes of the person who was at fault as if they had insurance coverage with your insurance company and will pay everything that you are entitled to receive through the uninsured motorist portion as if they insured the person who was at fault. When benefits are claimed under the uninsured motorist coverage, your own insurance company cannot cancel you or surcharge you or raise your rates.
What benefits can I collect in a motor vehicle accident?
There are many different benefits that you can collect in a motor vehicle accident. The first benefit you can collect is personal injury protection benefits which will pay medical expenses and lost wages up to $2,500.00. Personal injury protection benefits are paid under the insurance policy of the vehicle that you were in.
In addition you can collect for the damage to your car, as well as for the cost of a rental car. Finally, you can collect from the person that is at fault medical expenses for the past, present and future, lost wages for the past, present and future, an additional amount for pain and suffering, and damages for loss of consortium which means any loss to your marriage. These benefits are in addition to any benefits paid by your personal injury protection carrier. In effect you can be paid twice for medical expenses and lost wages.
How long does it take to settle an automobile accident claim?
Times vary on how long it takes to settle an automobile accident claim, although it can be divided into two categories. Category one would be cases that are quickly accepted by the insurance company and typically these cases involve the client going to the doctor and completing their treatment. Then usually thirty to forty-five days after the client has completed the treatment the case can be settled.
Category two are the cases that cannot be settled. In category two there are also two types of cases. Cases that are small and worth less than $10,000.00 usually involve filing suit in the District Court. These cases can take anywhere between three to six months after your treatment is completed. Cases that have to be filed in the Circuit Court which are typically worth more than $10,000.00 usually take anywhere from one to three years.
What is my case worth?
In evaluating a claim there are many factors that the auto accident attorney looks at in order to evaluate a claim. Included in those factors are the type of injuries, including whether there are fractures or any other physical signs of injury versus complaints with no visible signs of injury, whether there is a permanent injury, who the client is and what kind of witness the client makes, where the accident happened since some counties are known to give more generous verdicts than others, whether there was significant damage to the vehicles involved since judges and juries are more likely to believe injuries in serious looking accidents than they are in minor property damage cases, who the attorney is, what judge you have, how long the treatment lasted, who the doctors were that performed the treatment, whether there were any objective findings in the x-rays or MRI’s that would point to proof of injuries, whether there is any scarring and/or bruising, the age and sex of the client, whether the client has had any other accidents as the courts look very closely at cases where a client has filed more than one claim and tend to give less credence to people who have filed many claims, is the liability (i.e.) fault clear or disputed, as well as many other factors.
Baltimore auto accident attorneys who have been practicing for a long period of time and have tried many cases know how to give weight to each one of these factors. You can see that each case is different and there is no way for a Baltimore auto accident attorney to tell you the first day of an accident what the case is worth and the attorneys opinion of the value of the case can change as more information is gathered over a period of time. Any lawyer who promises you that he knows the value of your case based upon your initial interview, will most likely not be able to deliver on any promise he makes.
What if I cannot afford a lawyer to represent me for an automobile accident?
The attorney fee in an automobile accident is based on a percentage of any recovery and there is no requirement that any costs be paid up front. If the case is lost, then there will be no fee charged to the client.
