Snow Law Firm (210) 820-0020 310 West Sunset San Antonio Texas 78209
10. What Damages May Be Recovered for Injuries Suffered in a Car Accident?
There are many elements of damage you may suffer when involved in a car accident. The expenses associated with medical treatment after the accident may be recovered. Medical expenses may be claimed even if the bills are paid by a health insurer or through your auto carrier. Medical expenses reasonably certain to be incurred in the future may also be recovered if supported by the testimony of a physician.
The wages lost because of time missed from work may also be claimed even if sick or vacation days are used for some or all of the missed time. These "economic" damages are easier to calculate than the "non economic" damages noted below.
Compensation for past pain and suffering may be claimed as may future pain and suffering if a doctor testifies that such pain and suffering will likely occur. "Pain and Suffering" refers to the physical pain and discomfort as well as worry, anxiety and embarrassment which results from the injury.
Disfigurement suffered as the result of a car accident is compensable. This element of damage refers to the obvious damage to the body such as scarring, burns or amputation. The impact that such a condition has and will have upon the injured person is the basis of the claim. The location, size and visibility of the disfigurement impacts the degree of appropriate compensation.
11. What If the Accident Was Caused by the Other Driver?
If the accident was the other driver's fault, you may be entitled to compensation. Fault is determined by evaluating a variety of factors. The description of the collision by the drivers involved, witness observations, the nature and location of the damage to the vehicles, observations and conclusions of police officers at the scene and in some cases accident reconstruction are all means by which fault is evaluated.
A claim may be made with the at fault driver's insurance company. A claims adjuster is assigned by the insurer to evaluate the fault of the drivers, the nature of your injury and the property damage your vehicle sustained. It is important to remember that the claims adjuster's job is to limit the amount paid to you to whatever extent possible. The claims adjuster represents the interests of the insurer. Involving our law firm on your behalf can level the playing field and provide the experience necessary to protect your interest in receiving full compensation for your loss.
12. Should I Provide a Statement to the Other Insurer?
Many insurers wish to secure a recorded statement from the injured person shortly after the accident. We do not recommend providing a sworn statement without first speaking to a lawyer. The claims adjuster who will take the statement does not have the same interest as you. A recorded statement often addresses crucial issues of fault and damage. First speak with a lawyer who can assess whether providing a statement is appropriate and if so, can attend the statement. Do not allow the insurer to address these critical issues without the benefit of a lawyer acting on your behalf.
What If the Other Driver Does Not Have Insurance?
If the other driver who caused the accident is uninsured, you may be able to obtain compensation through your own insurer. Most automobile insurance policies provide uninsured motorist coverage. This coverage protects you when you are injured by a person who failed to carry insurance.
An uninsured motorist claim is governed by the terms of the policy. The recovery of compensation is limited to the amount of coverage purchased. It is important to review the policy to determine the terms and amount of coverage available.
Uninsured motorist claims do not typically involve a lawsuit or a jury. If the injured person and their insurer are unable to agree on the issue of liability or the amount of compensation that should be paid, most policies require arbitration of the dispute. Arbitration involves either one judge or a panel of judges hearing the evidence and deciding the issues. If you believe you may have an uninsured motorist claim, contact our office so that the terms of your policy may be reviewed and your rights may be protected.
13. What If the Other Driver Has Limited Insurance Coverage?
You may be entitled to compensation from your own insurer under your underinsured motorist coverage. Most automobile policies provide underinsured motorist coverage. Such coverage protects you when the insurance of the other driver is smaller than the coverage you purchased and the compensatory value of your claim exceeds the policy limit of the other driver's policy.
An example of an underinsured motorist claim is as follows:
Driver A is involved in a car accident which is the fault of Driver B. Driver A suffers a broken leg and broken wrist. Driver A seeks compensation from Driver B's insurer whose policy is limited to $20,000.00. Driver A carries underinsured motorist coverage with a limit of $100,000.00. Driver A may be entitled to the $20,000.00 policy limit from Driver B's insurer and an additional $80,000.00 pursuant to his own underinsured motorist coverage.
Whether you are entitled to underinsured motorist benefits depends upon careful review of your insurance policy, the policy of the other driver, the circumstance of the collision and the nature of the injury suffered.
The period of time following a serious motor vehicle accident is often stressful and confusing. Get answers to your questions. Contact us to arrange a free initial consultation with an experienced lawyer.
Motor Vehicle Accidents
Frequently Asked Questions: Car Accidents
If you or a loved has been involved in a car accident, do not hesitate to contact the Snow Law Firm. Our experienced personal injury attorneys know how to protect your rights and seek the compensation to which you may be entitled
310 West Sunset
San Antonio, Texas 78209
(210) 820-0020
(800) 256-7669
Unfortunately, police reports are frequently inaccurate, and the conclusions of the investigating officers are sometimes wrong. Thus, a police report that is favorable to one side or the other may not be conclusive as to who is at fault and, in fact, the opinions of the police officer are usually not allowed into evidence if the case goes to trial.
In serious cases, attorneys hire private investigators and expert witnesses to help prove fault. Ultimately, if the case does not settle, a judge, jury, or arbitrator will decide who is at fault and the relative percentage of fault to the parties.
4. Can I sue the driver of the vehicle if I am a passenger?
Yes. The passenger in a vehicle, whether driven by a friend, relative or stranger, can sue the driver of the vehicle if the driver is at fault. However, even a passenger can be found to be comparatively negligent for an accident if, for instance, the passenger does not wear a seatbelt or contributes to the cause of the accident.
If the passenger is a member of the same household as the driver, there may insurance coverage exclusions that could prevent the passenger from collecting against the driver's insurance company.
5. Is there anyone other than the drivers and passengers involved in a motor vehicle collision that I can sue for my damages?
Yes. In some serious personal injury or death cases the drivers involved in a collision will not have enough insurance coverage or assets to fully compensate an accident victim or the victim's survivors for all of their damages. In these cases it becomes particularly important to perform an investigation to determine if anyone other than the operators of the motor vehicles were also at fault.
6. What damages can I recover in a motor vehicle accident?
The injured person is entitled to recover damages for past and future medical treatment, past and future wage loss, damages for pain, suffering and emotional distress, and, if the injured person can establish bad enough conduct on the part of the defendant, punitive damages (i.e. damages intended to punish the defendant). If the injured person dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the injured person's death, as well as monetary damages which stem from the loss of society, care, and comfort of the decedent.
7. What if I have no insurance?
If you are a passenger in a motor vehicle or a pedestrian injured by a motor vehicle, the fact that you do not have insurance is irrelevant. However, if you are the driver of a vehicle involved in an accident, even if you are not at fault, under a new California law you are not allowed to recover damages for pain, suffering, and emotional distress. One must have an automobile liability insurance policy to recover those damages.
8. What if one of the other drivers has no insurance or insufficient insurance to cover the cost of my damages?
An injured plaintiff can attempt to attach the personal assets of an uninsured or underinsured motorist. However, in most of those situations the likelihood of recovery of sufficient monetary damages is not worth the time and cost to pursue the defendant.
If the injured person has an uninsured or underinsured motorist policy of their own, then the injured person can recover from the their own insurance company the damages caused by an at-fault driver.
If the at-fault driver is uninsured, the injured person can recover damages up to his or her own uninsured motorist policy limit. If the at-fault driver has insurance, but not enough to cover the injured person's damages, then the injured person can seek to recover from their own insurance company the difference between the at-fault driver's policy limit and the injured person's own policy limit.
9. Do I need to retain an attorney if I am injured in a motor vehicle accident?
Usually, but not always. If liability is clear and your injuries are relatively minor, you may be better off attempting to settle the case with an insurance carrier. However, you should always be cautious because what might seem like a minor injury may become more serious.
Generally speaking, in cases of difficult or questionable liability and/or cases with serious personal or psychological injuries or death, an accident victim or his or her survivors should retain an attorney who specializes in serious injury and wrongful death cases.
A good attorney can usually significantly increase the value of a case by a thorough work up and may be able to identify defendants other than the motor vehicle drivers who can be sued in situations where there is not enough insurance coverage to compensate the plaintiff for all of his or her damages.
Automobile Accident Questions
1. Who can recover damages in a motor vehicle accident?
Anyone who is involved in a motor vehicle accident is entitled to bring a lawsuit against an at-fault driver, or any other person or entity who may be at fault.
2. What if more than one driver is at fault?
If multiple drivers are responsible for the accident, the injured person can sue all of the potential defendants. At some point between the settlement demand stage and a settlement and/or verdict, a decision is made as to the relative percentage of fault of each defendant. Each defendant then owes the injured person compensation for the injuries caused by his or her percentage of fault.
3. How is fault determined?
This is a complicated question and differs from case to case. At the settlement demand stage, i.e. before a lawsuit is filed, attorneys and adjusters generally, at least initially, look to the police report and the conclusions of the investigating officers. If there is no police report, then the people evaluating the case will generally look to whatever physical evidence exists and the statements of the drivers and witnesses.