Car Accidents FAQs
What should I do if I am involved in a car accident?
If I’m injured or my car is damaged in an automobile accident, who pays?
I did not feel hurt at the scene, but experienced pain afterwards. What should I do?
Should I settle with the insurance company?
What issues will I face in making a claim for my injuries sustained in an auto accident?
Who is going to pay for my medical bills?
Am I at fault if I rear-end another vehicle?
I wasn’t wearing a seat belt at the time of the accident. Can I still recover damages?
If was hit by a commercial vehicle, is the employer also responsible?
Do I really need a lawyer if I was injured in car accident?
What should I do if I am involved in a car accident?
If you are involved in an accident with another car, you
should:
- Immediately notify the police and, if necessary, an ambulance.
- Obtain all insurance information, names, addresses, phone numbers and license plate numbers of those involved in the accident.
- Obtain the names and phone numbers of all witnesses.
- If you have a camera, take pictures of all cars and people.
- Do not make statements to anyone, except a police officer.
- Do not admit liability.
- Contact a car accident attorney at Chalik & Chalik Law Offices. An attorney can assist you if any criminal charges are brought against you, as well as bring a civil suit against another party if they are responsible for the accident.
If I’m injured or my car is damaged in an automobile
accident, who pays?
It depends on who is at fault. If you are to blame for an
automobile accident, your liability insurance will pay the
other driver for property damage and personal injuries up to
your policy's limits. If you are not at fault, the other
driver's liability insurance pays for your car damage and
personal injuries.
I received a ticket in my car accident. Does this mean I
have no claim against the other driver for my injuries?
No. If a jury decides that the automobile accident was
partly the other party’s fault, you may still collect
damages. Ask the lawyers of Chalik & Chalik Law Offices
about this, and other topics related to “comparative
negligence.”
I did not feel hurt at the scene, but experienced pain
afterwards. What should I do?
You should immediately consult your medical provider
regarding any pain, discomfort or possible injuries from a
car accident, even if you think they may be only minor
injuries. If you were injured in the accident from someone
else's negligence, you may be entitled to payment of your
medical bills, compensation for pain and suffering, lost
wages, loss of earnings capacity and emotional distress.
Should I settle with the insurance company?
You should not take any settlements offered by an insurance
company for your car accident without first speaking with an
experienced auto accident lawyer at Chalik & Chalik Law
Offices. Remember, that the claims adjuster works for the
insurance company – it is their job to protect the interests
of their employer. Who is protecting your interests?
The insurance company will typically offer minimal amounts of money in return for your signature stating that you will not sue. This usually happens rather quickly after the car accident takes place. Insurance companies will often discourage you from obtaining an auto accident lawyer so they can pay less to resolve your claim.
Never take an insurance check or sign anything without first consulting an attorney. You can jeopardize potential compensation you are due, and waive important rights that help to protect your interests.
Contact an automobile accident attorney at Chalik & Chalik Law Offices.
What issues will I face in making a claim for my injuries
sustained in an auto accident?
A claim for injuries is usually based upon carelessness or
negligence. In worse case scenarios, it is based on an
intentional or reckless act. The three categories of issues
that typically arise in a tort claim after an automobile
accident are:
- Liability - who is at fault and to what degree.
- Damages - injuries or losses that were caused by the accident.
- Insurance Coverage - what the insurance company will pay for after an accident.
Who is going to pay for my medical bills?
You are primarily responsible for paying your bills,
regardless of the cause of your injuries. The at-fault
person's liability insurance carrier is responsible for
paying you reasonable compensation for damages incurred,
which includes medical bills, but the insurance carrier is
not responsible for paying your doctors, hospitals, and
other providers. Sometimes the amount the insurance company
is willing to pay is far less than the actual amount you
owe. You need an attorney who will fight for your rights
with the insurance companies to ensure that you are fully
compensated. Contact a car accident attorney at Chalik &
Chalik Law Offices.
My doctor notified me that I have a permanent injury as a
result of my auto accident. What does this mean?
A permanent injury is one that is going to either be with
you for the rest of your life or for some period beyond the
settlement of the claim. In most cases, the injured party is
entitled to compensation from the at-fault party or their
insurance company for all medical bills incurred to date and
into the future for all injuries caused by the car accident.
Am I at fault if I rear-end another vehicle?
Florida law states that you must maintain a safe distance to
be able to stop safely if a car stops in front of you, so
yes – typically, you would be at fault. However, there are
some exceptions, particularly if the other driver makes a
sudden and unexpected stop, or if you are involved in a
chain-reaction accident.
Still, Florida recognizes “comparative negligence” laws, which means that each party may be held accountable for their role in the accident. After determining the percentage of fault by each party, the compensation by the insurance company is adjusted accordingly.
If you have been injured in an automobile accident, we encourage you to consult with an experienced injury attorney. Contact a car accident attorney at Chalik & Chalik Law Offices.
I wasn’t wearing a seat belt at the time of the accident.
Can I still recover damages?
In Florida, state law is very specific when it comes to seat
belts: All front seat occupants must be buckled up,
regardless of age. Children ages 6-15 must be belted in
either the front or back seat of the vehicle. The driver is
responsible for passengers under 16 years who are not
buckled up. Passengers 16 years of age or older may be
individually fined if they are not buckled up.
If you were not wearing your seat belt, this can have a negative impact on your ability to recover full damages for your injuries. Since people suffer more severe and complicated injuries when they are not wearing a seat belt, potential compensation can sometimes be reduced accordingly. Belt or no belt, it is the “fault” of the negligent party that is the primary determining factor in car accident lawsuits.
If was hit by a commercial vehicle, is the employer also
responsible?
Possibly. There are several ways that a business can be held
liable for the actions of its employees. All are known as
vicarious liability, where the company is responsible for
negligent acts committed during the course and scope of
normal activities in service to the company.
The owner of a vehicle can be held responsible for negligently entrusting the vehicle to another driver whose driving causes an automobile accident. Generally, however, a business owner is not responsible for acts committed by independent contractors. In the course of car accident litigation, one party may not have enough insurance or resources to compensate the victim for all injuries/damage sustained. Talk with the experienced car accident attorneys of Chalik & Chalik Law Offices to identify all potential sources of compensation that are available to you.
Do I really need a lawyer if I was injured in car accident?
The law does not restrict you from handling your own claims.
However, you should keep in mind that the insurance
companies and the insurance company attorneys are trained
professionals. It is their job is to resolve the potential
"liability" by paying as little as possible to you.
Many valuable rights were lost because the injured person believed what he or she was told by the insurance company. Just remember, the only person truly working in your best interests is the lawyer you hire. Contact an automobile accident attorney at Chalik & Chalik Law Offices.
For more information, please see our
Car Accidents page.
