Do I need a lawyer or can I handle this on my own?

What should I tell my insurance adjuster?

Should I talk to the responsible party's insurance adjuster?

What if the responsible party doesn't have insurance?

What is my car accident case worth?

What factors do attorneys consider when preparing to settle a car accident case?

What is the statute of limitations for car accidents in Missouri? In Illinois?

What happens if a lawsuit is filed after the statute of limitations?

Do I need a lawyer to help me with my personal injury case?

I've been injured in a car accident. Should I file a lawsuit right away?

I was in a car accident recently and my car was totaled. How is the market value of my car determined?

I was recently involved in a car accident and my car was damaged severely. The insurance company wants to "total" my car. What does that mean?

I was recently involved in a car accident where my car was severely damaged and had to be towed from the accident scene. The other driver involved was ticketed for the accident. I have not heard from the other driver's insurance company. Should I be doing anything right now?

What should I do if the other driver's insurance company refuses to accept liability for the accident I was involved in and will not authorize my much-needed car repairs?

I was rear-ended in a recent auto accident and my car sustained very little damage. My claim is being denied by the other driver's insurance company because they felt I could not possibly have been injured in the accident because the car damage was minimal. What do I do?

I've been in a car accident. Should I go see a doctor?

I was involved in an accident and did not take photographs of the accident scene. Should I have taken photographs?

Should I go back to the accident scene and take photographs if I didn't take photographs at the time of the accident?

Shortly after my accident, the insurance adjuster made me an offer to compensate me for my injuries. Should I take it?

I was involved in an accident a few years ago. Can I still file a lawsuit?

Should I call the police after I've been in an accident?

Two weeks ago, I broke my leg in a car accident after someone ran a stop sign and hit my car. His insurance adjuster has offered me money to settle the case. Should I settle?

My car was hit by a driver in a parking lot who got out, looked at the damage, got back into the vehicle, and drove away. I was able to write down the license plate number before she left. What should I do?

Why should I hire an attorney when I am in a wreck?

I have damage to my automobile. Who pays for repairs?

What should I do if involved in a motor vehicle accident?

I was recently involved in a car accident. Now, the insurance adjuster for the party who hit me has contacted me requesting that I provide a statement concerning the accident. Should I give the adjuster my statement?

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What should I tell my insurance adjuster?

You may think that your insurance adjuster is a "safe" person for you to talk to about your accident.  In some cases this may be true, but keep in mind that if there is any chance that your case may involve uninsured motorist coverage or underinsured motorist coverage, your own insurance company may become an adversarial opponent in your case.  To be safe, here are some guidelines to help you when talking with an insurance adjuster...even if it is your own adjuster:

1. Don't agree to have the conversation recorded.


2. Discuss only the basic facts of the accident (where, when and how).


3. Don't agree to discuss your work history, salary, etc...


4. When discussing your injuries, it is best to stick with generalities (although ALWAYS be truthful). Tell the adjuster that you are still undergoing treatment and that you will provide a more detailed description of your injuries from your physician after you have reached your maximum medical improvement.


5. There is no need to discuss witnesses at the early stages of the case.


6. DO NOT AGREE TO SIGN ANYTHING without first talking to a lawyer.

If the claims adjuster continues to ask you questions that you don't feel comfortable with or tells you that you are obligated to answer these questions, politely tell them that you don't feel comfortable answering the questions without the assistance of your attorney.  Talk with your lawyer and the two of you can work together toward providing the information the claims adjuster needs, but not necessarily what they want.

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Should I talk to the responsible party's insurance adjuster?

We recommend that you do not provide the other insurance company with a statement until you have consulted with an attorney. Because information provided to the other insurance company through a statement can be used against you later, consulting with an attorney will help you better understand how some claims adjusters try to trick you into damaging your case. Remember, always answer any questions asked about your accident honestly.

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What if the responsible party doesn't have insurance?

You should always carry uninsured motorist coverage and underinsured motorist coverage (both often referred to as UM coverage) for this very reason.  In the event the person that hits you has no insurance you will still have somewhere to turn for compensation.  If this is the case, you may have to file a claim against your own insurance policy under your uninsured or underinsured motorist provision.  This places you squarely in an adversarial relationship with your own insurance company which allows your insurance company to use all of the defenses available to them just as if you were filing a claim against the company for the person that hit you.  There are no "home company" favorites either.  If you put your insurance company in an adversarial position, the will fight you just like any other insurance company and will not be looking out for your interests.  In fact, they will seek to pay out as little as possible, just like any other insurance company.  Because more and more people are driving without insurance, we always recommend that people carry as much UM coverage as they can afford.

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What is my car accident case worth?

Without exception, I am asked this question very early in the conversations I have with new clients.  The answer depends upon where you are in the course of the case.  If you are injured and have not been able to return to work, there is no way yet to know what your lost wages are going to be.  If you are still seeking medical attention, then you would need to wait until all of your medical bills have been accumulated to know what your total medical expenses are going to be.  Both lost wages and medical bills are areas of "economic damages" that attorneys put into evidence if the case goes to trial.  If you are injured, the amount of compensation available for "non-economic damages" (also often referred to as "pain and suffering") also depends upon the type of injury and the length of recovery.  For example, someone who has to have a leg amputated is likely to have larger "non-economic" damages than a person who suffers a soft tissue injury.  Where the accident happened can also be a factor in the "value" of a car accident case.  The best way to answer this question is to retain an attorney early on, complete your medical treatment and collect all of your bills then talk to your attorney about what your car accident case is worth.  

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What factors do attorneys consider when preparing to settle a car accident case?

As you know, every car accident case is different. When considering settlement of a car accident case, an attorney usually considers a multitude of factors, some of which include:

• The length of time it took for you to heal from your injuries;
• The cost incurred to repair your vehicle;
• Medical bills incurred for treatment of your injuries;
• Past and future pain and suffering; and
• Past and future pain and anguish.

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What is the statute of limitations for car accidents in Missouri? In Illinois?

In Missouri, the statute of limitations for personal injuries arising out of a car accident is five years; in Illinois, the statute of limitations for personal injuries arising from a car accident is two years.

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What happens if a lawsuit is filed after the statute of limitations?

If an injured person files a lawsuit after the statute of limitations has run, the defendant has the opportunity to file a motion to dismiss with the Court. The Court will then review whether or not the plaintiff did in fact have the case on file before the statute of limitations expired. If the lawsuit was filed after the statute of limitations expired, the Court will dismiss the plaintiff's case.

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Do I need a lawyer to help me with my personal injury case?

Whether or not you hire a lawyer is up to you. Frankly, some cases can be settled without the assistance of an attorney. Typically, those cases are smaller cases that have relatively minor injuries that resolve themselves within a few weeks. If your medical bills as a result of the car accident are $3,000 or less, you may very well be able to negotiate with the opposing insurance company by yourself. If you have any questions about when the statute of limitations on your case expires, you definitely should talk with an attorney.

The Terry Law Firm handles car and truck accident cases throughout the States of Missouri and Illinois. We will be happy to talk with you about the facts of your case and the statute of limitations that is applicable in your case. In most car accident cases, our fee is on a 1/3 contingency plus expenses. However, if we feel that you can handle your case without the assistance of an attorney and therefore not incur legal fees, we will provide you with that information.

The Terry Law Firm handles cases throughout the States of Missouri and Illinois and can be reached at (314) 878-9797 or toll-free at (888) 317-2525.

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I've been injured in a car accident. Should I file a lawsuit right away?

If you've been injured in a car accident anywhere in Missouri or Illinois, the first thing you should do is get medical attention. Some injuries that seem minor at first can cause significant problems if not detected and treated. If your injuries are serious enough that they will require several months of healing, you should contact an attorney to provide you with advice on whether and when to file a lawsuit. If your injuries are rather minor, you may not need a lawyer to successfully settle your case.

Here are six things to do before you filea lawsuit if you've been injured in a car accident:

• Get medical treatment.
• If your medical treatment requires follow up appointments, DO NOT MISS ANY FOLLOW UP APPOINTMENTS.
• Regularly photograph your injuries using a good digital camera.
• Obey your doctor's orders - if you are supposed to take certain medications, then take the medications. If you are supposed to go to physical therapy, then go to physical therapy and DO NOT MISS ANY FOLLOW UP APPOINTMENTS.
• If you have to miss work as a result of your injuries, be sure and specifically identify in a letter to your employer why you are unable to work. Remember to keep a copy of that letter.
• Be careful what you say about your injuries on social media sites, such as Facebook or MySpace. Remember, anything you say can and will be used against you.
  

The Terry Law Firm helps those who have been seriously injured in car, truck, or motorcycle accidents throughout the States of Missouri and Illinois. If you have any questions about your accident, please do not hesitate to contact us toll-free at (888) 317-2525 or locally at (314) 878-9797.

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I was in a car accident recently and my car was totaled. How is the market value of my car determined?

Insurance companies will determine the value of your car using either a vehicle appraiser or using Kelley Blue Book. If the insurance company is using Kelley Blue Book, information about your car will be input into the website, which will return a vehicle value. Kelley Blue Book uses several categories to determine a vehicle's value. Be sure to know what options your car has to make sure you are receiving a fair appraisal.

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I was recently involved in a car accident and my car was damaged severely. The insurance company wants to "total" my car. What does that mean?

When the cost to repair a damaged vehicle exceeds the value of the vehicle, the vehicle is considered "totaled". The insurance company is not required to repair the car and intends upon paying you the value of your car prior to the accident.

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I was recently involved in a car accident where my car was severely damaged and had to be towed from the accident scene. The other driver involved was ticketed for the accident. I have not heard from the other driver's insurance company. Should I be doing anything right now?

While the other driver may have been ticketed for the accident, there is no guarantee that the driver called his or her insurance company to report the accident. To protect yourself and your rights, you should contact the other driver's insurance company to confirm that the accident has been reported. Once an accident has been reported, the insurance company is obligated to investigate the accident to determine who was at fault. If fault cannot easily be determined, the insurance company adjuster may contact police and other accident witnesses to discuss the accident. The insurance company will refuse to authorize any necessary repairs to your car until after a their investigation has been completed and their insured has been found to be at fault. So, it is in your best interest to have the insurance company's investigation into the accident begin immediately.

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What should I do if the other driver's insurance company refuses to accept liability for the accident I was involved in and will not authorize my much-needed car repairs?

If you have collision coverage on your car, your insurance company will pay for the repairs to your car. This will eliminate any delay or inconvenience in having your car repaired promptly. If your insurance company pays for your car repairs, you will be responsible for your deductible. If the other driver was responsible for your accident, your insurance company will work to get the other insurance company to reimburse you for your deductible, but it will take some time.

If you do not carry collision coverage on your auto insurance policy and the at-fault driver's insurance company refuses to authorize repairs, you should contact an attorney experienced in handling auto accident cases.

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I was rear-ended in a recent auto accident and my car sustained very little damage. My claim is being denied by the other driver's insurance company because they felt I could not possibly have been injured in the accident because the car damage was minimal. What do I do?

First, no insurance adjuster can determine a driver's bodily injuries by viewing the damage to a vehicle. There is no scientific support for injuries based on property damage sustained to a vehicle.

The other driver's insurance company may try to use the theory that minimal damage means no bodily injury or very little bodily injury. If this happens, there are a few things you can do to help your case. First, take your automobile to a reliable automotive repair shop for a complete overview of the car and estimate for the total damage sustained to the car. Frequently, vehicle damage is "hidden" and an expert will need to take the rear bumper apart and check the car for all hidden signs of impact. Next, document all of the damage your vehicle sustained and retain all evidence that your car was involved in a collision. You can do this through photographs and repair estimates. Do not repair your car or accept a property damage settlement until after your have spoken with an experienced personal injury attorney.

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I've been in a car accident. Should I go see a doctor?

The decision on whether or not you need to see a doctor after an accident is yours alone. If you believe your injuries were not serious enough to see a doctor in an accident where it was determined that you were at fault, then you probably should not let the fact that the other driver was at fault affect your decision to seek medical treatment. Make the determination to see a physician on the seriousness of your injuries, not who is deemed to be at fault in the accident.

If you decide to seek medical attention, choose a physician who is best suited to treat your injuries. Questions about what treatment to receive and how often you should see the physician can only be answered by your treating physician.

Your healthcare provider will recommend a plan of treatment. It is important that you follow that plan to the letter. The doctor's plan of treatment for you is designed to maximize your healing process. If you do not follow the plan, you may not make a maximum recovery. Attend all scheduled appointments and take all prescribed medication. If you miss appointments or fail to follow your healthcare provider's instructions, the insurance company may blame you for failing to improve.

Some people believe that their claim will be more valuable if they purposely increase their medical bills. That is not true. In fact, if the insurance company for the at fault driver suspects you are deliberately increasing your medical bills, they may defend your case more vigorously.

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I was involved in an accident and did not take photographs of the accident scene. Should I have taken photographs?

If you are able to take photographs, then you should do so. Most of us do not travel with cameras in our cars, but most mobile telephones now have the capability to take pictures. Even though mobile phone pictures are not as clear as some cameras, it is better to have those pictures than none at all.

Regardless of the camera, here are some suggestions for taking photographs of an accident scene:

• Take photographs of the accident scene from every angle. If possible, take the photographs before the cars are moved.
• Take close up photographs of the damage to the vehicles involved in the accident.
• Take wide shot photographs of the accident scene and make sure that you include stop signs, traffic signals, and street signs.
• Remember to set your camera to imprint the date and time on the photographs.
• If you use a digital camera, DO NOT make any alterations to the photographs. If you alter the photographs, you may damage your legal case.

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Should I go back to the accident scene and take photographs if I didn't take photographs at the time of the accident?

If you didn't take photographs of the accident scene at the time of the accident, you can still do so. Accident scene photographs can still be valuable even if the cars have been removed from the scene - as long as the scene has not changed. An example of this would be: an accident at a three way stop where a car ran the stop sign. Photographs taken of the accident scene after the cars were removed would benefit a jury because they could see how the scene looked at the time of the accident.

It is best to get your accident scene photographs as soon as possible after the accident and with the same weather conditions. If your accident took place in a snow storm, then photographs on a sunny day are not going to be valuable.

Remember - do not make any alterations to the photographs if you take them with a digital camera.

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Shortly after my accident, the insurance adjuster made me an offer to compensate me for my injuries. Should I take it?

It can only be your decision as to whether or not you accept a settlement offer made by the insurance adjuster. Our office can evaluate the offer, compare it to the facts of your case, and provide you with an experienced opinion on whether the offer would fairly compensate you for your injuries. However, you need to remember that once you accept the offer, then your case is over.

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I was involved in an accident a few years ago. Can I still file a lawsuit?

It depends. All states have a statute of limitations by which the case must be on file. If you fail to have your lawsuit on file before the statute of limitations expires, you will be forever barred from filing a case. In Missouri, the statute of limitations for personal injuries arising out of a car accident is five years; in Illinois, the statute of limitations for personal injuries arising from a car accident is two years.

Compensatory damages are designed to compensate the injured party for damages incurred as the result of an accident. Compensatory damages include monetary payments for pain and suffering, lost wages, medical bills, and, in some instances, legal fees.

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Should I call the police after I've been in an accident?

Even if your accident is minor, it is important to make sure the police are notified. Police officers will take statements from witnesses, as well as the individuals involved in the accident. Police officers will assess the accident scene, examine the damage to the vehicles involved, and, using witness statements, will make a determination as to who was at fault. It is important to cooperate with the police if they need your testimony against the other driver in court proceedings.

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Two weeks ago, I broke my leg in a car accident after someone ran a stop sign and hit my car. His insurance adjuster has offered me money to settle the case. Should I settle?

There is no need to settle a case this fast without knowing the extent of your injuries. More than likely, the insurance adjuster is trying to get you to settle quickly to benefit the insurance company's bottom line. You should take the time to learn your legal rights and work with your physician to ensure that you are completely healed before negotiating a settlement. You may still be able to resolve your case without an attorney, but there is no need to rush into a settlement without allowing yourself time to recover.

If you settle your case early and have long-term medical bills arising out of the accident that far exceed the amount of the settlement, you are unlikely to recover the full value of your claim.

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My car was hit by a driver in a parking lot who got out, looked at the damage, got back into the vehicle, and drove away. I was able to write down the license plate number before she left. What should I do?

What the driver did was probably a crime. If you haven't done so, contact your local police department and provide them with all of the information you have on the driver and the vehicle involved. Also, you should get an estimate to repair the damages on your car and report that to your own insurance company. Be sure to tell them the circumstances of how your car was damaged and keep them updated on the police department's investigation.

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Why should I hire an attorney when I am in a wreck?

An attorney can help you navigate the entire process.

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I have damage to my automobile. Who pays for repairs?

The insurer for the person who hit you should immediately help you with this. If they do not, then contact your car insurance company and get them involved. You will have to pay your deductible, but your insurance company will help you recover any deductible you had to pay from the at-fault party.

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What should I do if involved in a motor vehicle accident?

After an motor vehicle accident, you should:

• Attend all medical appointments and follow your physician's advice to the letter
• Make sure you obtained photographs of the damage to your automobile and any injuries you sustained
• Obtain a copy of the police report
• Give a recorded statement to your insurance company but DO NOT give a statement to the at-fault party's insurance company without consulting an attorney
• Attempt to settle and release your property damage claim with the at-fault party's insurance company
• Cooperate with the police and appear at any court hearing if subpoenaed
  

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I was recently involved in a car accident. Now, the insurance adjuster for the party who hit me has contacted me requesting that I provide a statement concerning the accident. Should I give the adjuster my statement?

We recommend that you do not provide the other insurance company with a statement until you have consulted with an attorney. Because information provided to the other insurance company through a statement can be used against you later, consulting with an attorney will help you better understand how some claims adjusters try to trick you into damaging your case. Remember, always answer any questions asked about your accident honestly.

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