After a Car Accident

What should I do after any kind of accident?

If course, if you’re hurt, go to the hospital, urgent care or go see a doctor. It is important that you do not delay medical treatment. Often insurance companies assume, if you don’t see a doctor right away, you are not truly injured. When you see a health care professional, it is critically important that you tell them exactly what happened. The medical history you give should be repeated each and every time you see a new health care professional. In addition, try to get as much documentation from the treatment provider as you can. Take photos of whatever caused your injuries. Next, you should complete an accident report if you are at a place of business when you are injured. It is wise to make notes of any witnesses that may be needed at a later time in the claim process.

What should I do after a car accident?

Make sure the police officer hears your side. Make note of any witnesses around and get phone numbers. Do not depend on the police officer to do this. You may need them later. If you are injured, go to the hospital either by EMS or your own transportation that day. Make sure to tell the doctors how you were injured. Tell the doctors about any prior injuries if the same body part is involved. You should try to get photos of your car before it is repaired as well as pictures of any injuries to you or your passengers. Pictures of lacerations, bruising and other injuries are very helpful in the settlement process or at trial when trying to prove damages for pain and suffering.

If the other driver gets a ticket, should I go to court?

Discuss this with us. Generally, yes because if you don’t go, the traffic court judge may dismiss the ticket. Your appearance in court means that the other driver will have to admit fault or testify about what happened so the judge can make a decision. In any case, the other driver’s statements may be very important to the case later.

What if the police officer places me at fault?

Liability is important. Only in certain circumstances can the police officer’s determination of fault be used against you. Of course, it can be difficult to resolve cases where you are placed at fault, but it is certainly not impossible.

Should I speak to the insurance company?

Frankly, no. In most cases, the insurance company has one goal: that is to either deny your claim or pay you as little as possible. Taking recorded statements is one of their tools to try and get information they can use against you. You should speak to an attorney at Allen Turner Law before giving any statements to insurance companies.

How is my car repaired after a car accident?

Usually, you have two choices. You can either have your own insurance company fix it and be subject to your deductible. They will then go to the other driver’s insurance company and collect the money they spent plus your deductible (which will then be reimbursed to you). Or, you can let the other person’s insurance company fix your car. Many times it is quicker to let yours take care of the damage to your car.

Am I supposed to get a rental car?

If you are without your car because it is being fixed, the law allows you to be compensated for loss of use. This can be accomplished by either giving you a rental or sometimes by paying you what a rental would have cost for the time you were without your car, known as “loss of use”. There are limits on the time you can keep a rental if your car is totaled.

Who pays my medical bills after a car accident?

This can get complicated. If you carry Medical Payments coverage (MedPay), you may be able to be reimbursed for some of your medical expenses through your Med Pay coverage. You can also use your health insurance. If you do use your health insurance, most of the time, you will be asked to pay them back if you recover money on your claim (known as subrogation), however, depending on the language in your contract with your health insurer, you may not be required to pay them back. If you can’t afford medical treatment, certain doctors may agree to treat you without asking for money up front. In order to try and do that, the doctor would need to know there is no dispute as to fault and that there is enough insurance coverage to pay the bill. You need an attorney, such as the attorneys at Allen Turner Law, to navigate these confusing issues and make all of your available coverages work together in your best interest.

What can I recover monetarily after a car accident?

In general, victims of a car accident can recover the cost of medical bills, lost wages and something more for pain and mental anguish. These are what are called compensatory damages. They are meant to compensate you for what you lost. In some circumstances, you may be able to collect punitive damages. These are punishment damages that may apply when the other person’s conduct was willful or reckless.

Will I have to go to court after a car accident?

Most car accident cases settle without having to go to court. If your case does not settle the lawyers at Allen Turner Law are fully prepared to take your case to trial and stay by your side each step of the way.

Who pays the claim? Is it the person that hurt me?

No. Insurance companies pay these claims. Our court rules don’t allow us to mention auto insurance in court. Some people feel it is dishonest to tell a jury they are there to decide how much this person pays that person when the insurance company is making all of the decisions and paying the claim. Insurance company lawyers like to hide behind their clients and make it seem like the at-fault driver couldn’t possibly afford to pay for what he/she caused. These are old tricks. Experienced lawyers know how to deal with the tricks without problem.

If I get hurt on the job, who do I tell?

The law requires anyone hurt on the job to notify their employer (supervisor) right away. If you or a family member is injured too severely to give notice, make sure someone tells a supervisor as soon as possible. Failing to give notice may eliminate your ability to pursue a work-related injury.

If I get hurt on the job, do I need a lawyer?

Think of it this way…the insurance company is going to have their own lawyers working against you. Worker’s Compensation laws are very specific but still leave lots of room for interpretation. Adjusters do this work full time and have a vast amount of experience. Their job is to either deny your claim or pay you as little benefits as possible. Many times that means not providing necessary medical treatment that you need. An experienced attorney can help level the playing field.

If I get hurt on the job, can I be fired?

The law prohibits employers from firing people simply because they are upset that a workers’ compensation claim was filed. If you suspect this has happened, the attorneys at Allen Turner Law can get an associate employment lawyer to look into this for you.

If I get hurt on the job, who pays my medical expenses?

If your claim is accepted, the insurance company pays the medical bills. Usually, it will not cost your employer anything.

If I get hurt on the job, who pays my wages while I am out of work?

If your claim is accepted, you may be entitled to a percentage of your average wages for any periods you are out of work due to a work-related injury.

If I get hurt on the job, what benefits am I entitled to?

A short answer here is difficult but here goes. Benefits vary by circumstance, but generally, our laws provide medical treatment, reimbursement for mileage, and checks for the time you are out of work. At the end of your claim, you may be entitled to additional money for permanent disability. While that amount may be tied to your doctor’s impairment rating, it by no means sets the exact amount you can recover.

If I get hurt on the job, will I have to go to court?

Usually, no. Most Worker’s Compensation claims are settled out of court. If your case requires a court appearance, our attorneys at Allen Turner Law will be by your side each step of the way. Our staff has decades of experience and each case gets complete total and personal attention.


Helpful Car Accident Links:

Georgia State Board of Workers’ Compensation

Posted in Motor Vehicle Accidents, Personal Injury, Workers Compensation.