Being in an auto accident is no fun. It can be a major disruption to your life, especially if you have been injured. But there are certain things you can do to mitigate the disruption to your life. Ultimately, it may be in your best interest to contact an attorney so you can transfer the stress and burden to a professional.

Auto accident personal injury claims fall under the law of torts, or civil wrongs. To prove an auto accident personal injury claim the party suffering injury must prove negligence and damages.

If you have been in an accident

  • Do not give a recorded or written statement except to the police or your own insurance carrier.
  • Do not sign anything without an attorney reviewing it first.
  • Take pictures. Take photographs of the property damage and accident scene. Take pictures of any scarring or bruising.
  • Do not discuss your injuries with the at-fault insurance company. You should discuss only the damage to your car and the need for a rental car or “loss of use” compensation.
  • Do not agree to an “independent” medical exam for anyone, including your own insurance company, without first speaking to an attorney.

Medical attention. If you have any doubts, seek medical attention either at the emergency room or as soon as possible with your primary care physician. This is important for two reasons: first, and most importantly, there could be something seriously wrong that requires emergency medical attention. Any delay in care could exacerbate the condition. Second, your injury requires documentation. Without documentation, any claim you might pursue later could be adversely effected. If you don’t obtain treatment, the other driver’s insurance company will assume that you have not suffered any injury.

Insurance coverage. If you have been injured in an auto accident that is the fault of another driver you are entitled to property damage, lost wages, and medical expenses, as well as compensation for pain and suffering. Even if the accident is not your fault, an injured person’s actual medical expenses are not awarded automatically. Instead, the injury victim must prove that the medical expenses are reasonable, related to the auto accident, and necessary.

The party at fault may not have enough – or any – insurance. In that event you will need to consider how to ascertain what other assets the party may have and how to establish a claim under your uninsured motorist or underinsured motorist coverage.

If your insurance company – whether auto insurance or health insurance – paid any benefits to you and you collect from an at fault party your insurance company is legally entitled to be reimbursed. This is also true of DSHS benefits as well as worker’s comp, or “L&I”, benefits. This is called subrogation.

Attorney fees. Personal injury attorney fees are generally on a contingency fee basis. That is what we offer. If our client does not recover any damages, we do not get paid.

The attorney fees come out of the injury settlement. But, the insurance company or governmental agency may be legally obligated to pay a pro rata share of your legal expenses if you retain an attorney. This may apply by state law, federal law, and/or contract. Read any personal injury retainer agreement carefully before signing it. You should not pay any additional attorney fee for this pro rata reduction. Ask any injury attorney you are considering retaining if the attorney charges a fee on Mahler or other pro rata reductions.

This information about auto accident injury claims is very general and the topic is broad and complex. Contact us for advice about your particular circumstances.

You have nothing to lose by speaking to a personal injury attorney.

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