CAR/TRUCK ACCIDENTS AND COLLISIONS
FREQUENTLY ASKED QUESTIONS ABOUT CAR WRECKS AND TRUCK COLLISIONS.
- Q. Who should I notify that I was injured in a collision?
- Q. I have been contacted by someone from the negligent driver's insurance company. Should I speak with them?
- Q. How do I get a copy of the accident report of the collision?
- Q. How soon should I contact an attorney?
- Q. What happens if the other driver did not have insurance?
- Q. At the time of the collision I didn't think the pain I had was serious and refused medical treatment. Now, a few days later, my condition has gotten worse. Can I still make a claim?
- Q. How long do I have to file an auto accident lawsuit.
- Q. The insurance adjustor for the other driver has said that they will settle with me and that I do not need to hire a lawyer. Is that true?
- Q. What if I can't afford to hire a lawyer?
Q. Who should I notify that I was injured in a collision? [ top ]
A. You should notify your car insurance agent as soon as possible. They will want to obtain a statement from you about how the accident occurred and about your injury. You will also want to request forms for payment of medical bills by your insurance company. Under Kansas No-Fault Insurance laws you will be required to submit your medical bills to your own insurance first for payment of your Personal Injury Protection (PIP) benefits. After your PIP benefits are exhausted you can then submit your bills to your health insurance company. PIP benefits will also compensate you for wages lost if you are off work because of injuries from the car wreck. Missouri law provides for payment of medical bills under the Med-Pay provisions of your insurance policy.
Q. I have been contacted by someone from the negligent driver's insurance company. Should I speak with them? [ top ]
A. Only to the extent of verifying property damage so that the damage to your car can be paid as soon as possible. It is best not to give a statement to the other driver's insurance representative until you have consulted with an attorney. Statements taken by the other driver's insurance company are taken to protect the legal rights of the other driver. These statements are intended to obtain information from you that can hurt your claim.
Q. How do I get a copy of the accident report of the collision? [ top ]
A. The accident report is maintained by the law enforcement agency (police department, sheriff's office, Highway Patrol) that investigated the collision. You can request a copy of the report either in person or by mailing a request to the appropriate agency. Q. What information about the collision should I collect? A. Photographs of the scene of the collision, vehicles involved, and your injuries should be obtained. You will want to obtain accident report and keep a copy of all medical bills and Explanation of Benefits forms, as well as copies of any forms that you submit to your auto insurance company.
Q. How soon should I contact an attorney? [ top ]
A. It is in your best interest to contact an attorney as soon as possible so that the facts of the collision can be investigated. It may be necessary to hire an accident reconstruction specialist to establish or confirm how the collision occurred. If the scene of the collision has changed or if the vehicles involved in the collision are no longer available, reconstructing the accident may be very difficult. The in-car data recorder (Black Box) in the car will maintain data for a limited period of time and must be preserved. If a truck was involved, driver logs and other important documents are only kept for a limited period of time. Finally, it is important to interview all of the witnesses before their memory of the collision fades. In our office there is no charge for an initial consultation.
Q. What happens if the other driver did not have insurance? [ top ]
A. Your own automobile insurance policy will provide "uninsured motorist coverage", which can entitle you to compensation from your own insurance company. Your own insurance policy may also provide "underinsured motorist coverage" for those instances where the other driver had less insurance coverage than the underinsured motorist benefits under your own policy.
Q. At the time of the collision I didn't think the pain I had was serious and refused medical treatment. Now, a few days later, my condition has gotten worse. Can I still make a claim? [ top ]
A. Yes. It is common that those injured in an car wreck are in shock from the events of the collision and don't want to believe they may have suffered a serious injury. Also, some injuries get progressively worse and it does not become apparent for a day or two that you have suffered a serious injury. You should immediately seek medical attention and give the health care provider an accurate history of how your condition arose.
Q. How long do I have to file an auto accident lawsuit. [ top ]
A. Automobile collisions occurring within the State of Kansas must be filed within two years of the date of the accident. Collisions occurring in the State of Missouri must be on file within five years from the date of the collision. If a lawsuit is not filed before this time limit expires you will be forever barred from obtaining compensation for this claim.
Q. The insurance adjustor for the other driver has said that they will settle with me and that I do not need to hire a lawyer. Is that true? [ top ]
A. Statistics show that claimants who have hired a lawyer receive more compensation that those who settle their case on their own. Insurance adjustors are skilled negotiators who try to settle cases for as little as possible. They know that those without legal training and experience in evaluating the value of a claim can be taken advantage of. Never accept a settlement check without first consulting with a lawyer.
Q. What if I can't afford to hire a lawyer? [ top ]
A. Personal injury claims are accepted on a contingency fee basis. A contingent fee is one that is paid out of the recovery in the case. If there is no recovery of compensation for you, there is no attorney fee due. If compensation is recovered for you, the attorney fee is a percentage of the amount recovered.