Frequently Asked Questions About Automobile Accidents
US, Canada and Puerto Rico
Who was at fault and does it matter?
No-fault cases in some states
Fault of all concerned will be compared
What can I do to protect my interests in the “fault” issues?
What can be done about my property damage and immediate transportation needs?
How do you select the right attorney?
Are there special considerations in serious injury or death Cases?
What are your fees?
Q. Who was at fault and does it matter?
A. The issue of fault is always important. Fault affects future insurance rates, your potential liability for the damages of others, and your ability to recover for your damages in cases that are exempt from “no-fault” laws.
Q. No-fault cases in some states:
A. Some states have mandatory no-fault insurance with required minimum personal injury protection (PIP) benefits available to all persons injured while occupying your vehicle. The key feature of no-fault law is the guarantee of being compensated by your own insurance company for a variety of limited losses, whether or not you were at fault in exchange for a relinquishment of your right to make a claim against the other driver. For example a no-fault comminuted, displaced or compressed fracture, loss of a body member, permanent injury, permanent loss of bodily function, or death. A wide range but limited amount of PIP benefits is available, including medical expenses, wage loss, funeral benefits, disability benefits, rehabilitation benefits, allowances for substitute services such as lawn care or domestic help, and survivor's benefits. Other states do not have “no-fault” and therefore you may file suit for any damages, but fault will be an issue.
Q. Fault of all concerned will be compared.
A. Most states have comparative-fault laws, which make it possible for you to recover damages even where you share blame for causing the accident. States have differing versions of comparative fault. In some states, if you are 50% or more at fault, you have no right to recover. If your fault is less than 50%, your recovery of damages will be reduced by your percentage of fault. In others, you are never completely barred from recovery, unless you are 100% at fault. Your recovery will be reduced by your percentage of fault.
Q. What can I do to protect my interests in the “fault” Issues?
A.
- Be sure the police officer or somebody else at the accident scene notes the condition and location of the vehicle and scene. All witnesses should be identified by name, address and telephone number. Photos or videos of the scene and vehicles from all angles will be helpful.
- Exchange insurance information with the other driver.
- Contact your own insurance carrier right away.
- Report the accident immediately to the police.
- Be cooperative with your insurance company but be aware that you may eventually be negotiating a settlement with them.
- If the accident details were not properly documented at the time of the accident, get a relative or friend to take photos or video.
- If you get medical treatment, be clear and accurate in what you say about how the accident happened, because health care providers are not usually too concerned about the details and often misquote patients in their records.
Q. What can be done about my property damage and immediate transportation needs?
A. Claims for property damage are usually straightforward if you have comprehensive (collision) insurance. The tricky issues can be replacement transportation (rental cars), reimbursement of deductibles, whether to “total” the vehicle, and conflicting repair estimates or valuation questions. Most people can handle these issues without hiring an attorney. Ask for a rental car, whether or not covered in your policy. If you do not have collision insurance, then property damages may not be collected without an in-court determination or acceptance of fault by the other party, and you may be in the unfortunate position of having to bear the expense of repair or alternative transportation while your case is pending.
Q. How do you select the right attorney?
A. Attorneys are generally not necessary for property damage claims, no-fault claims, and even most minor-injury claims, but whenever injuries are serious or the expenses greatly exceed the no-fault benefits, you should consult with us. Settlements of automobile accident cases are highly variable, even for similar injuries. In serious cases, favorable settlements depend on the insurance company’s opinion of what the verdict will be if the case goes to a jury trial.
Q. Are there any special considerations in serious injury or death Cases?
A.
- Such cases need aggressive, early investigation, which will include an in-depth interview with you, inspection and documentation of the accident scene and vehicles, statements from witnesses and police officers, and sometimes accident reconstruction.
- Documentation is necessary to support all of the claims for injuries and damages, including past and future medical expenses, wage loss or impaired earning capacity, future costs of care, pain, suffering, disability, disfigurement, and loss to the next of kin in wrongful death cases. Sometimes health care providers, life care planners, economists or other experts must be hired to evaluate and calculate these damages.
- Insurance coverages must be identified, both for medical expenses and for third-party liability. Often, whether or not insurance is available to compensate you will depend upon disputed issues. For example, there may be questions about an employer’s liability, or rented, borrowed, leased or stolen vehicles, or an umbrella insurance policy, or uninsured or underinsured motorist coverage. These issues will have to be analyzed, raised and if necessary, litigated.
- Liens and subrogation. Many insurance companies that provide medical coverage to you may have the right to get their money back if you make a recovery for your injuries from another party. The most common examples of this are your PIP coverage and Medicare benefits. You will need advice and advocacy in relation to these liens, which are sometimes exaggerated and often negotiable.
- Expert evaluation of other potential liability for your damages. A significant number of automobile accidents are contributed to by causes unrelated to the drivers’ conduct. In serious cases where the damages exceed the available insurance coverages, consideration should be given to other causal factors, such as highway design defects, automobile design and crashworthiness deficiencies (such as poorly designed seat belt systems, instability/rollover/roof crush tendencies, fire hazards, etc.), tire failures, or the negligent entrustment of a vehicle to an incompetent or habitually reckless driver, as well as many other possibilities.
Q. What are your fees?
A. Balkin & Eisbrouch handle all cases on what is called a contingency fee. This means that no fees or costs are charged unless we collect money damages for you. We advance all costs for investigators, court reporters, expert witness testimony, accident reconstructionists, filing fees and any other expenses related to your case. All of the consultations with our office are absolutely free. When you receive compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work on your case and is generally between 20% and 40%. The percentage depends on the complexity and type of case.
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