Car Accidents – FAQ

What if I was not wearing a seat belt at the time of my accident?  Can I still recover damages?

It depends on the state where your car accident occurred. In some states, not fastening your seat belt can negate or reduce any potential compensation for damages, on the basis that people suffer more severe injuries when not wearing seat belts. In other states, this is not the case. With the aid of an attorney, you will know the specific requirements in your state.

Should I release my medical records to another driver’s insurance adjuster?

You should not release your medical records to another driver’s insurance adjuster. It should only be signed after proper consultation with an injury attorney. If your medical information reaches the other party, you might be worsening your chance of winning the case.

If I file a personal injury claim, will I have to go to court?

If your attorney and the insurance company of the other driver are able to agree on the amount. This is called settlement where the case will not have to go to court if they agreed to just pay the amount of injury suffered. In most situations, parties prefer to settle than go to trial. This is what happens in most situations. Some cases do require a formal trial proceeding, however. In either situation, hiring a law firm with experience in handling personal injury cases is critical.

If I don’t feel injured after an automobile accident, do I have to see a doctor?

After an accident, it is advisable to see a doctor even if you did not really feel injured by the event. The doctor may be able to recognize injuries that are not ordinarily visible to the layperson. The charges for a doctor visit and medical treatment may be covered by your insurance. It is never suggested that you conduct a settlement process when the doctor has not examined your condition yet.

What if I believe the accident I was in was at least partly my fault?

As a person without medical or legal background, the default is that you will not have enough information regarding the assessment of why the accident happened. There could be various reasons like defective vehicles, intoxication of the driver and other things. You should not just accept the blame and asking for apology because this act might weaken your case.

Can I still win my case if my memory of the accident now conflicts with things I might have said at the time of the accident?

Most people would easily make statements during or right after the accident. However, this information may be characterized by inaccuracy. There is a possibility of providing inaccurate statements as to how the event happened. Right after the accident, it might be hard for you to think about how the things happened because you are still in shock.

I was in a car accident and the air bags in my car didn’t deploy. Do I have a case against the car manufacturer?

There are various factors to be considered to know whether an air bag should be deployed in a collision. Your attorney should be consulted as to who will investigate the airbag devices. The investigation should also be with the assistance of the engineer. If the circumstances of your accident were such that the airbags should have deployed, you very well may have a product liability claim against the manufacturer.

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