Memphis Car Accident Attorney
Answers questions and explains legal concerns surrounding automobile accidents
Rental Car
If the police report shows that the defendant is clearly at fault and you are not, the defendant's insurer normally will pay your cost of repairs and provide you with a rental car while your vehicle is being repaired. If your car is totaled the insurer will pay the cash market value and take title to the salvage. You should be able to obtain the rental car and property damage settlement without a lawyer or without attorney's fees if you do have a lawyer. It is important to keep photos of the damage to your vehicle to show that the impact was hard enough to be the cause of your injury.
Finding Insurance Coverage
Automobile insurance (both the defendant's liability insurance and your own UM/UIM and PIP policy) covers the insured vehicle, its owner, its driver (if using with permission) and all occupants of the vehicle. Also covered are family members of the named insured owner who reside in the same household. Minimum bodily injury liability limits are $20,000 per person or $40,000 per accident. Corporations and wealthier individuals usually carry higher limits or excess coverage. If the defendant driver was an employee on duty, the employer's insurance coverage will apply. The defendant's insurer will refuse to tell you what the policy limits are, but you can get the information after you file suit. Coverages from separate applicable policies can be stacked. Some exclusions in the standard auto policy have been held invalid, so you might have coverage even if the policy seems to say otherwise. Policies cancelled for non-payment of premium might still be valid if the cancellation was not done properly.
PIP Coverage
Look at the declarations sheet of your own auto insurance policy to see if you paid a premium for PIP (Personal Injury Protection) coverage. PIP promptly reimburses you for 100% of medical costs and 80% of lost wages, up to your PIP limits of $2,500, $5,000 or $10,000, regardless of fault. PIP will enable you to collect two dollars for each one dollar of medical expense you have, (up to your PIP limits) assuming you also collect from the defendant's liability insurer. The double recovery is legal and ethical because you paid the extra premium for your PIP coverage. If you're an occupant of someone else's car, that person's PIP will cover you. PIP coverages under separate applicable policies can be stacked. You do not need a lawyer to collect the PIP benefits. Most lawyers assist in collecting the PIP claim without charging a fee.
UM/UIM Coverage
Your own uninsured motorist/underinsured motorist coverage will be important if the defendant had no liability coverage or insufficient coverage to fully compensate you for your injuries. UM/UIM insurance pays you the same damages that you could have recovered from the defendant's insurer if the defendant had carried enough insurance. Your UM/UIM limits are shown on the declarations sheet of your auto policy. The claim depends on proving fault on the part underinsured driver. Your claim includes damages for pain and suffering and other noneconomic losses. Most people use a lawyer to handle the UM/UIM claim if significant injuries are involved. Do not sign a release for the defendant driver without the written consent of your UM/UIM carrier. If you do so your UM/UIM claim may be barred.
Hit and run claims are also covered under the UM/UIM provisions in your own automobile policy. The hit and run accident must involve physical contact with the other vehicle and must have been reported to the police within 24 hours.
Comparative Fault
Even if you were partly at fault you can still recover part of your damages so long as you were not more at fault than the defendant. For example, assume that the jury determines that the defendant driver was 70% at fault, that you were 30% at fault, and that your medical expenses, lost earnings, pain and suffering, mental anguish, physical impairment and other damages total $100,000. The court will award you judgment of $70,000. But if you are found to be 51% at fault and the defendant only 49%, you recover nothing. The police accident report is important but not conclusive. Sometimes the report is wrong. Sometimes the jury disagrees with the conclusions of the investigating officer. If your injury is severe you should discuss the evidence thoroughly with an experienced trial lawyer, even if the accident report is unfavorable. In 2003, the Legislature passed a tort reform package of laws. One of the laws that may adversely affect your case is a provision that a defendant can attempt to shift blame to a "Responsible Third Party," even if that person is uninsured, insolvent, unidentified or absent from the court's jurisdiction.
Passengers
A passenger may claim damages from the insurance company for the other driver, or from the insurance company for his or her own driver (even if a spouse or family member), or both, depending on which driver was at fault. In most cases, a passenger's claim against the negligent driver of the other vehicle is not reduced by the comparative negligence of the passenger's own driver.
Suppose both the passenger and driver claim damages against the driver of another vehicle. Suppose also there is evidence that the passenger's own driver was partly at fault. In such a case, the passenger and driver should not use the same attorney. The attorney would have a conflict of interests. Saying the same thing also this way, the passenger's lawyer could not assert a claim against his own client, driver.
Recorded Statement
In cases involving serious injury, the defendant's insurer will ask that you give a tape-recorded statement. You are not legally obligated to do so. It's better to avoid giving a statement without your lawyer present. The defendant's friendly claim representative is trained to discredit you and your injury and to defeat your claim if there is any way it can be defeated. If your injury is major it is better not to go on record with your testimony before the defendant driver does the same. The claim can be harmed by an inadvertent remark, for example: "I never saw the other car before it hit me." Such a remark can be used against you as evidence that you failed to keep a proper lookout. If you do give a statement, request a copy for yourself. Avoid being pinned down to precise measurements of distance and time. Study the police report, witness statements, photos, medical records and physical evidence. Be prepared to tell about previous injuries and claims. Never tell any "little white lies." Your credibility as a witness will be the single most important factor in determining the settlement value of your claim or the outcome of your trial.
Medical Authorization
The defendant's insurer will ask you to sign an authorization to allow release of your medical records. Try to avoid doing so. It is not to your advantage for your opponent to review your medical records before you and your own attorney see them. You have the right to restrict the authorization to records relevant to the injury in question, rather than give a blanket authorization that releases everything back to the day you were born. Never authorize disclosure of records of psychiatrists, psychologists or family counselors. Mental health records are privileged and need not be released to anyone (unless you claim that the collision caused an injury to your mental health). Disclosure of mental health records has the potential to “open a can of worms” that will distract the attention of the jury from the legitimate issues to be decided in your case.
Auto accidents are one of the leading causes of personal injury and death in the United States, resulting in over 115 deaths per day. If you or a loved one is involved in an auto accident, you will need to file a report with the police department, insurance company, and may also need to contact a personal injury attorney who practices motor vehicle accident law.
A car injury attorney can provide appropriate representation and guidance for your case, pursuing monetary compensation and damages as a result of the accident or injury. No matter what type auto accident or situation you may be in, you may be entitled to compensation that can cover medical expenses, loss of income, and healthcare costs that you now need after the traffic accident.
What Type of Car Accidents Qualify for Compensation?
Auto accidents carry legal consequences depending on the type of accident and parties involved. Without appropriate reporting to police and insurance companies, the parties involved can face significant lawsuits and even prosecution. Working with a Memphis auto accident attorney is essential in determining the severity of the crash, and any appropriate damages.
Auto accidents can range from vehicle collisions, truck accidents, traffic accidents, or injuries to structures. These types of accidents account for thousands of deaths and disabilities each year, and it is important to understand which category your situation falls in. An attorney can determine how a driver or auto accident sufferer can be compensated for any injuries sustained in a car crash, and each situation varies significantly. You can pursue appropriate compensation if:
- You suffer from a fractured bone or other fractures as a result of the accident
- You lost a limb during the accident
- You are suffering from debilitating injuries that take away from your quality of life or ability to work
- You are permanently disfigured
- You experience a loss of senses
- A loved one is killed in the accident
Working with an experienced car accident lawyer is essential in determining your case and receiving adequate compensation. A Memphis car accident attorney at Skouteris & Magee, PLLC can determine the viability of your situation and start the claims process. It is essential to pursue both medical and legal assistance immediately after an accident so that you can file for all appropriate compensation within a reasonable timeframe.
What Types of Claims Are Most Common with Car Accidents?
An attorney can make it easy to file a claim and determine who was at fault in a particular situation. Seeking legal assistance may require providing appropriate medical evidence and insurance information. The most common types of claims associated with auto accidents and personal injury resulting from a car crash include:
- Uninsured driver claims
- Serious injury
- Medical expenses related to a car accident
- Loss of income as a result of a car crash
- Pedestrians involved in car accidents
- Defective vehicles and poor manufacturing practices linked to the cars involved
Determining if you are eligible for compensation requires seeking legal assistance and guidance immediately after the accident. Any delays in diagnosis, treatment, or claims in court can make you ineligible for appropriate damages. Working with an auto accident lawyer can help you file the right claims and proceed through the litigation process with ease.
Why Contact a Car Accident Attorney?
Car wrecks and accidents are generally a result of vehicle negligence and poor driving practices. Even though car wreck deaths have declined significantly since the 1980s, auto accidents and related incidences still occur. The most common reasons for an accident include:
- Inattentive driving
- Risky driving ventures
- Distracting gadgets (e.g. cell phones, in-car movie players)
- Lack of appropriate safety features
A car crash lawyer can identify the cause of a particular accident, and take the steps to put together an appropriate claim. In some situations, this may mean filing a lawsuit or claim with the auto manufacturer. This is most common when areas of consumer safety and manufacturing defects are the main cause for a particular accident or death. An experienced car accident attorney can help you get the appropriate compensation for your particular situation.
Contact our Memphis car accident lawyers at Skouteris & Magee PLLC today
We conduct a thorough investigation, evaluation, and representation of cases so that your recovery is maximized. We utilize our team of doctors, nurses, investigators, accident reconstructionists, life care planners, economists, and other experts to explore the evidence and to get you the best possible results. Let us review your case. Call us now at 888-339-6032 or contact us online.
