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FREQUENTLY ASKED QUESTIONS IN
AUTOMOBILE ACCIDENT & PERSONAL INJURY CASES

What you should do immediately after an automobile accident:

It is understandable that after an automobile accident you concern yourself with your car and your injuries, and not about how to protect your personal injury rights.  Unfortunately, this path may lead you to jeopardize an injury claim.  You should know there are a few things you should do, which take little effort, but in the end will serve to preserve your damage recovery.

First, after an automobile accident the police generally arrive.  If they do not you must call them.  Unless it is a necessity do not move your car until they arrive.  When they arrive calm down and give them an accurate account of the accident.  Then get the officer’s name and report number, as well as the address and phone number of the insurance company for the other driver.  Additionally, do not rely on the police to obtain accident witness information.  You must, before leaving the accident scene, make sure you have the name, address and telephone number of all witnesses.

If you are injured in any way you should see your family doctor immediately or go to a hospital emergency room.  Be aware that a common insurance company defense is claiming a person was not injured in the accident and did not suffer a personal injury because they waited several days to see a physician.

Next, call your own insurance company as soon as you get home.  This is important since your own carrier may, depending on your policy, be responsible for a Personal Injury Protection claim.  This insurance, assuming you purchased it, provides up to $2,500 for lost wages or medical expenses.  Furthermore, in the event liability is later denied your carrier will be responsible, under your collision coverage, for your own property damage claim, which may also include towing and rental car expenses.  In Virginia automobile claims, Med-Pay is often available under your own policy to cover your medical expenses.

Do not talk to any representative for the other driver including his or her insurance company.  They may call to obtain a recorded statement or ask you to settle your accident and personal injury for a small damage amount.  They are not calling to help you.  Actually, that seemingly harmless statement is often used against people when the liability carrier raises defenses to deny the personal injury claim.  Be aware that a common defense that actually arises from the statement alone includes “contributory negligence”, you were somehow partially responsible for the automobile accident, that arises in all forms including but not limited to speeding and failure to pay proper attention.  This defense and its pitfalls is set forth in the recent attached article written by Jonathan Portner “Common Defenses in an Automobile Accident Claim.”

When should I notify my own insurance company of a possible claim?

If you believe there is any chance that you may need your own carrier to defend, or pay something on the claim, you should notify the insurance carrier immediately.  The law states that the duty to provide notice to the carrier arises when an accident is sufficiently serious to lead a person of ordinary intelligence....to believe that it might give rise to a claim for damages.  State Farm vs. Walton, 244 Va 498 (1992)

How long should I treat for an automobile accident?

The answer is until your doctor determines that you are better.  Persons who stop treating prematurely for personal injuries and then decide later that they want to treat again often have problems being compensated for additional damages. Insurance Companies are skeptical about paying the tab for accident victims who have stopped treating for a period of weeks.  If the doctor informs you at some juncture that there is nothing more he can do for you, you might obtain a permanent disability rating.  You then can be compensated for a permanent disability even though you are no longer treating.

What can I be compensated for as a result of an automobile accident?

You can be compensated for your property damage including a rental car and damage to your vehicle.  Lost wages may be reviewed, as long as you file tax returns and have a slip from your doctor stating you are off work as a result of the automobile accident.  Additionally, you can expect to recover as damages all your medical bills that are reasonably related to the accident and be compensated for pain, suffering, inconvenience, physical impairment and disfigurement.  Damages in this category can be broken down to include, damages for emotional distress, pain while you were under active treatment, thereafter, and for any disability, compensation may also include damage to the family and spousal relationships.  Importantly, in Maryland, Virginia, and DC personal injury damages may not be reduced by a defendant insurance carrier if you have been reimbursed for medical expenses and/or lost earnings from another source.  Finally, these types of damages are not income within the meaning of Federal and Maryland income tax laws, and therefore, you will not owe or have to pay any income taxes on the amount received as damages in an automobile accident case.

Will I have to file suit to collect just compensation for my Personal Injury?

In most cases no.  As long as there is a police report in your favor and/or witnesses, the insurance company will in most cases accept responsibility (liability).  Then any dispute concerns solely the amount they will pay for your automobile accident damages.  Assuming there was damage to your automobile, and you sought medical treatment immediately, litigation can usually be avoided.

My diagnosis is soft tissue or whiplash.  What does that mean?

Whiplash is an injury caused by the neck and head being thrown suddenly backward then forward upon impact.  The impact forces the neck and head beyond their normal range of movement, causing soft tissue damage and pain.  Whiplash may also happen in the reverse order with the head moving forward as the body moves backward.

Whiplash is a term used most often to describe the symptoms resulting from an automobile accident.  A victim of car accident whiplash may experience one or all of these symptoms:

Even without these symptoms, it is a good idea to seek the advice of a medical provider in the event of a serious motor vehicle accident.  There can be damage without symptoms, or there can be delayed problems. 

I speak Spanish, Chinese, Korean, etc., and therefore have difficulty communicating with the Officer.  What should I do?

In almost every jurisdiction if you speak Spanish, the police can provide a Spanish interpreter.  So call the police after your automobile accident.  The same is true for Chinese and Korean in most jurisdictions.  If not, after the automobile accident, the police can call the AT&T operator and ask for a Spanish, Chinese, or Korean interpreter.  If all else fails after your accident, Portner & Shure has six (6) interpreters on staff who speak all these languages.  All are familiar with accident, personal injury, criminal defense, DWI/DUI, medical malpractice, and immigration cases.  Remember it is often difficult to change a police report once its written.  Therefore, if you are unsure of what is being asked because of language difficulty, insist upon an interpreter.

Accident Lawyers in Maryland, Virginia & Washington DC

For over fifteen years the attorneys at Portner & Shure have been representing victims injured in automobile accidents.  You may request a free consultation with our personal injury accident lawyers in Maryland, Virginia & Washington D.C., to make sure you get the benefits you are entitled to.

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