Frequently Asked Questions About Car Accidents
What should I do if I have been in an automobile accident through no fault of my own?
You should immediately report all auto wrecks, however slight, to the police and your insurance company. If you were injured, seek medical attention immediately. Get the name, address, license number, plate number, and insurer from the other driver. Write down details of the auto accident including date, time, location, what happened to cause the accident and other details while they are fresh on your mind. If possible, also get names, addresses, and phone numbers of witnesses and take photos of the vehicles and scene of the accident (such as damage to vehicles, skid marks, road signs, or anything that might have contributed to the wreck). An experienced car wreck attorney can help you preserve the evidence you need to win your auto accident injury case. Your insurance company should be notified before you authorize repairs to your car, but do not discuss the accident with the other driver’s insurance company before consulting with an attorney. If you have been injured in a car accident, contact the Law Firm of Flora Templeton Stuart at (888) 782-9090 immediately so you can focus on what is most important–recovering from your auto wreck injuries.
What type of auto accident cases do you handle?
Personal injury attorney Flora Templeton Stuart has decades of experience representing clients injured due to car wrecks, semi accidents, hit and run accidents, DUI accidents, motorcycle wrecks, pedestrian accidents, bicycle accidents, truck wrecks, and other motor vehicle accidents. If you or a loved one has been injured or killed in an auto accident that wasn’t your fault, contact us for a free case evaluation. We can help you get all the compensation you deserve.
I am injured and can’t travel, will you meet me at my home or another location?
If you have been injured in a car accident and can’t come to us, we will meet you at your home, in the hospital, or another location that is convenient for you. You can call us 24/7 or fill out our online contact form.
What types of injuries can result from an auto accident?
Injuries caused by car wrecks can range from minor (cuts and bruises) to catastrophic (head/brain injuries, spine injuries, burns). You should immediately seek medical attention for any personal injury sustained in an automobile accident–even if you think it is minor. Our number one goal in any auto wreck case is to help our clients recover as fully as possible by facilitating their medical treatment with quality doctors and specialists. Contact us to learn how we can help you get the medical attention you need after a car accident has turned your life upside-down.
What insurance covers me in an auto accident?
Several types of insurance may apply in your car wreck injury case including:
- Property Damage – Comprehensive Coverage on your own policy or Liability Coverage from the at-fault driver.
- Personal Injury Protection (PIP) or “No-Fault” Insurance – coverage on the car you were in at the time of the accident that covers the first $10,000 of your lost wages, medical bills, and other expenses incurred during your recovery.
- Health Insurance – your personal health insurance policy covers bills for your medical treatment.
- Short-Term and/or Long-Term Disability – policies through your employer that provide wage replacement during your recovery.
- Uninsured Motorist Insurance (UN) – coverage on your own policy to protect you if the at-fault driver did not have insurance.
- Underinsured Motorist Insurance (UIM) – coverage on your own policy to protect you if the at-fault driver did not have enough insurance to cover all of your bills.
- Life Insurance – coverage that may apply if a loved one died due to an auto accident.
For more information on auto insurance, see our Insurance Blog. If you have questions about auto insurance coverage, call personal injury attorney Flora Templeton Stuart at (888) 782-9090. As an experienced auto wreck lawyer, she will help you find all of the applicable insurance coverage available to help you recover from your car accident injuries.
What compensation is available in my auto accident injury case?
In any car wreck injury case, your recovery amount should take into account the immediate needs of you and your family as well as all future expenses including medical bills, rehabilitation or therapy, lost wages or lost earning capacity, and long-term care, if needed. You may also be entitled to seek punitive damages, pain and suffering, and other compensation against the at-fault driver. In some cases, a victim’s family can seek restitution for loss of consortium (companionship) or a wrongful death claim if the injuries lead to the passing of their loved one. Contact us for a free car accident case evaluation so you can get all the compensation you are entitled to.
How long do I have to file a claim in an auto accident injury case?
In most auto accident injury cases, you have 2 years to file a claim. Determining the exact date of the statute expiration can be tricky as it could be from the date of the accident or the date of the last payment made by your PIP (no-fault) insurance. If the case involved a fatality, the statute is generally only 1 year to file suit on behalf of the victim’s estate and family. If you are pursuing a claim under your Uninsured Motorist Insurance (UN) or Underinsured Motorist Insurance (UIM), the statue might only be 1 year. Contact an experienced car wreck lawyer right away to protect your rights.
The insurance company wants me to sign a release or a medical authorization. What should I do?
If you are only settling the property damage on your wrecked vehicle, you need to be very careful that the release you are about to sign is limited to the property damage only. You do not want to inadvertently sign away your rights to collect for medical bills, lost wages, or other expenses related to your injuries. You should not sign any forms from the insurance company before you speak to an auto accident attorney. We would be glad to review the forms with you to help protect your rights.
The insurance company has made an offer to me for my car wreck injury. Should I accept it?
Never accept any payment from the insurance company before consulting with an attorney – especially if you or your loved one has suffered a catastrophic injury. If you accept compensation now, you may be giving up your right to file additional claims in the future. Only an experienced car wreck attorney can help you determine the full value of your case in terms of past, present, and future medical bills, past, and future lost income, and additional losses for you and your family. Contact us immediately to investigate your car wreck injury claim to ensure you get all the compensation you deserve.
What can a lawyer do for me in my auto accident injury case?
If you have been injured in a car wreck, your top priority should be getting better. An auto wreck attorney can help you by doing paperwork, making phone calls, and gathering evidence that you may be too injured or stressed to do on your own. We will help you get into doctors and specialists to treat your injuries. We can help you get compensation for your lost wages and assist with your property damage claim or acquiring a rental vehicle. We handle all negotiations with the insurance companies on your behalf to make sure you get a fair settlement. If needed, we will take your case to mediation, arbitration, or even before a jury if the insurance company will not pay what is fair. If you have been injured in a car accident, contact us to learn what we can do for you.
How do I pay for an attorney in an auto wreck injury case?
The Law Firm of Flora Templeton Stuart works on a contingency fee basis. That means we only get paid if you get paid in your auto wreck injury case. Call Tennessee and Kentucky auto accident attorney Flora Templeton Stuart at (888) 782-9090 for a free initial consultation twenty-four hours a day/seven days a week.
What is PIP?
In Kentucky, Personal Injury Protection (PIP) is insurance on the vehicle you were in during the accident. It pays for medical bills, lost wages, and travel to out-of-town medical providers during your recovery. Often referred to as “no-fault” insurance, these benefits are paid regardless of who caused the accident. At our law firm, we reserve PIP to be used by our clients’ treating physicians so the benefits are not used up before the client recovers. We recommend increasing your PIP coverage from the $10,000 minimum to $20,000 or $50,000 for better coverage in case of an auto accident. If you are seriously injured in an auto accident, you could be off work for months while incurring thousands in medical expenses that may not be covered by other insurance. Protect yourself and your family by raising your PIP limits. You will need to ask your insurance agent for this since it is not offered without you requesting this additional coverage.
Do I need Uninsured or Underinsured insurance coverage on my vehicle?
Underinsured and Uninsured Insurance is often included in vehicle policies and is very important to protect you and your family in the event of an auto accident. While driving without insurance is a crime, it still happens all too often, so it is important to have Uninsured (UN) motorist coverage to compensate you if you are injured by an uninsured driver. Underinsured (UIM) coverage compensates you if your injuries exceed the at-fault driver’s policy limits. For example, if you sustain $30,000 in medical bills from a car accident and the at-fault driver only has $25,000 policy limits, then your underinsured insurance would compensate the additional $5,000. Underinsured and uninsured policies may stack (add together) for all members of the household so if bills are especially high, then an injured person can seek compensation from all household members that have coverage. To protect your rights to stacking benefits, be sure to purchase separate policies on each vehicle with separate dec sheets. Contact an experienced car wreck attorney to learn more about Uninsured and Underinsured coverage and ask your insurance agent for this important coverage.
What insurance will pay for property damage to my vehicle after an auto accident?
Collision or Comprehensive Coverage is insurance you carry on your own vehicle to pay for damages in the event of a car accident. You should only purchase this insurance if the value of your vehicle exceeds the cost of the coverage—you don’t want to pay more for insurance than your car is worth. You may be required to have this coverage if you owe money on your vehicle or it is leased.
How do I protect myself if I am at fault in an auto accident?
To protect your personal assets, you should carry Liability Insurance on your vehicle to pay if you are at fault in an auto accident. In Kentucky, the minimum liability policy limits are $25,000 per injured person, $50,000 per occurrence, and $10,000 for property damage. We recommend that you have more coverage than the $25,000 minimum because if you cause an accident, and if the injured person gets a judgment against you for more than $25,000, they can attach your personal assets. You can raise these limits to $50,000/$100,000, $100,000/$300,000, or $300,000/$500,000 for just a few dollars a month. You can also purchase Umbrella Insurance if your assets exceed these amounts. You should always have coverage as much or more than your personal assets.
What is the meaning of “subrogation” when applied to my automobile insurance?
When your insurance company pays you for a loss caused by another driver, the company may recover the full amount of their payments made from that other party. This also means if your insurance company pays you, you will have to cooperate with them as they may sue the other party. You must repay your insurance company any amounts they have paid you if your claim against someone else is successful. There are some situations where the subrogation interests at an insurance carrier can be waived or defeated altogether. These are complex issues that require the advice of an experienced auto accident attorney.
There are many other types of subrogation such as Medicare, workers compensation, Medicaid, Erisa (Health Insurance), PIP, etc. who all may want to be paid back from your recovery in the case. It is very important to have an injury attorney experienced with subrogation liens when handing your case or these liens may “eat up” your entire recovery. The Law Firm of Flora Templeton Stuart works hard to protect you against liens whenever possible and contest liens that should not be paid.
