After a Car Accident: First Steps, and What to Know About Hiring an Injury Lawyer

Immediate Steps After a Car Accident

Safety is the priority after a car collision. The National Association of Insurance Commissioners (NAIC) states that if someone is injured, calling 911 is necessary. If a car is drivable, moving it out of traffic is possible if it can be done safely.

The California Department of Insurance advises checking yourself and any passengers for injuries. If anyone is hurt, calling 911 for emergency assistance immediately is recommended. It also states that even if one feels fine, seeking medical attention is wise, as some injuries might not be immediately apparent.

After addressing safety, exchanging information with the other driver is important. The NAIC suggests obtaining their name, address, and their insurance company’s name and phone number, which is typically found on their proof-of-insurance card. If this information cannot be obtained, writing down their driver’s license number and license plate number for your insurance company is suggested. The NAIC also says to share the same information about oneself.

The NAIC also recommends gathering more details at the scene. This includes the other car’s make, model, year, and license plate number, along with witnesses’ names and contact information. If an officer responds, obtaining their name, badge number, and contact information is advised. Learning when and where to get the accident report and its number is also suggested. The NAIC says to note the time, date, and exact location, with observations of skid marks, weather, and road conditions. A photo or sketch of the scene can be helpful. The California Department of Insurance also recommends taking photos of vehicle damage, road conditions, traffic signs, and any visible injuries.

If a car is damaged by a hit-and-run driver or is stolen, the NAIC advises calling the police promptly.

How to File an Auto Insurance Claim

To file a claim, the NAIC suggests calling the phone number on your proof-of-insurance card as soon as possible. Many insurers also allow consumers to file claims on smartphone apps.

The insurance company will assign a claims adjuster. A claims adjuster assesses the damage and determines the payment. This person may be an employee of the company or an independent contractor. The NAIC says cooperation with the adjuster’s investigation is expected. The adjuster may want to meet to inspect the damage. The NAIC suggests taking notes and keeping track of the dates of any conversations with an agent or adjuster. The California Department of Insurance advises providing your insurance company with all the information and documentation gathered.

According to the NAIC, how often claims are filed and the types of claims filed can affect an insurance premium, which is the amount paid for insurance, and whether the insurer will renew the policy.

What to Do if You Disagree with a Settlement

If disagreement arises with a settlement, the NAIC states that attempts can be made to resolve the differences with the insurer. Questions can be asked, and the adjuster can be asked for a written explanation of their decisions. The NAIC advises against feeling rushed or forced to agree to something uncomfortable. The insurer does not have the final word, and acceptance of a payment not considered fair is not required.

If disagreement between the individual and the insurer continues regarding claim handling or settlement, the NAIC suggests asking for help from the consumer services personnel at your state insurance department. If the disagreement concerns the value of the claim, the NAIC recommends checking the policy for an appraisal clause. An appraisal clause is a part of an insurance policy that outlines a process for resolving disputes about the value of damaged property.

Practical Steps to Take

Keeping good records can be very helpful throughout the process after a car accident. Here are some general actions that can be taken:

• Keep detailed records: Writing down names, dates, times, and what was discussed during any conversations with drivers, witnesses, police, medical staff, or insurance representatives is a helpful practice. Keeping copies of all documents, such as police reports, medical bills, repair estimates, and correspondence, is also beneficial.
• Take photos and videos: Using a phone to document the accident scene, vehicle damage, road conditions, traffic signs, and any visible injuries can provide useful evidence.
• Follow medical advice: If medical attention is sought, following a doctor’s instructions carefully is important. Keeping records of all medical appointments, treatments, and prescriptions is also advised.
• Understand your insurance policy: Reviewing an auto insurance policy can help in understanding coverage, deductibles, and the claims process.

Understanding Injury Lawyers and Contingency Fees

When considering legal help for injuries from an accident, one might encounter contingency fees. The Legal Information Institute (LII) at Cornell Law School explains that in a contingent fee arrangement, lawyers receive a percentage of the money their client obtains if they win or settle the case. This means the lawyer is generally paid only if they successfully represent the client, and the amount often depends on the outcome and when the case settles. LII notes that contingency fees are particularly common in personal injury cases, where a successful lawyer might receive between 20% to 50% of the recovered amount.

ABA Model Rule 1.5© provides guidance for contingent fee agreements. It states that such an agreement shall be in a writing signed by the client. It must explain how the fee is determined, including the percentage the lawyer receives if the case is settled, goes to trial, or goes to appeal. It also needs to state what expenses will be deducted from the money recovered and whether these expenses are taken out before or after the lawyer’s fee is calculated. The agreement must also inform the client about any expenses they will owe, whether or not they win the case. At the end of the case, the lawyer must provide a written statement showing the outcome.

It is important to know that the American Bar Association (ABA) Model Rules of Professional Conduct serve as models. Each state adopts its own version of these rules, and these rules can vary from state to state. Therefore, the specific requirements for contingency fee agreements may differ depending on the state.

Lawyer licensing is regulated jurisdiction by jurisdiction. The National Conference of Bar Examiners explains that a law license from one U.S. jurisdiction is not automatically transferable to or recognized by another. To provide legal services in a jurisdiction, a lawyer must be licensed by that jurisdiction or be otherwise authorized.

Florida’s Rules on Contingency Fees

For example, The Florida Bar’s Statement of Clients’ Rights, approved by the Florida Supreme Court in June 1986, applies to most contingency fee matters in Florida. It states that both the attorney and client must read and sign this statement. It informs clients that there is no legal requirement for a lawyer to charge a set fee or a percentage of money recovered, and that clients have the right to discuss and negotiate the proposed fee or percentage with their lawyer. Any contingency fee contract in Florida must be in writing. In Florida, a client has the right to cancel a contingency fee contract without any reason by notifying their lawyer in writing within three (3) business days of signing it. If this is done, the client does not owe the lawyer a fee, though they may be responsible for the lawyer’s actual costs during that time. The statement also says clients have the right to be told about possible adverse consequences if they lose the case, to receive and approve a closing statement with all financial details before paying any money, and to make the final decision about settling a case.

When to Get Legal Help

If you have been in a car accident and are unsure about your rights, the claims process, or whether a personal injury claim might be applicable, speaking with a legal professional can be beneficial. A licensed attorney in your state can explain the laws that apply to your situation. Legal aid offices may also offer assistance to those who qualify.

It is important to be aware that there are deadlines for filing legal claims, known as statutes of limitations. The Legal Information Institute at Cornell Law School explains that a statute of limitations is a law that sets a time limit for bringing claims after an injury. This time period varies depending on the state and the type of claim. It might start from the date of the injury, when the injury was discovered, or when it would have been discovered with reasonable effort. A licensed attorney in your state, a legal aid office, or your state bar can provide specific information about these deadlines and how they apply to particular circumstances.