Section 2
Frequently Asked Questions
How soon do I need to notify MY insurance
company about the accident?
You will need to notify your insurance agent as
soon as possible. They may need to process a portion or all of your
claim. Please advise them you have hired Carabin & Shaw PC, Injury
Lawyers as your legal counsel. Do not give any type of recorded
statement to your agent or carrier without our firm being present.
Should I speak with the other person's
insurance company if they contact me?
Do NOT discuss your case with anyone until you have
met with a representative of Carabin & Shaw PC, Injury Lawyers, If you
are contacted for information about the accident, tell the insurance
company that you have a lawyer and have them contact us. This is vital
to your case. The defendant's insurance company may try to blame the
accident on you.
What are some things I should NOT do?
You should NEVER admit fault for the accident to
anyone, including the other driver, passengers, relatives, and/or police
officers. You may have signed a citation from the investigating officer.
This action was not, however, an admission of guilt. Do NOT disclose
the amount of insurance coverage you carry. This fact could make you a
target for lawsuits from other drivers.
Who is responsible for my medical
treatment and expenses?
The at-fault party of the accident and/or their
insurance company is ultimately responsible for paying your bills. In
the event the at-fault driver is uninsured or underinsured, your own
uninsured/underinsured motorist coverage may help in paying medical
expenses and other damages if you contracted this coverage. Expenses may
also be paid from PIP (Personal Injury Protection) coverage if you have
paid for this coverage or if the driver in the auto in which you were a
passenger had this coverage.
What happens if the other party is not
insured?
If you have insured your vehicle, you may also have
purchased uninsured/underinsured motorist coverage. You will need to get
Carabin & Shaw PC, Injury Lawyers a copy of your insurance policy as
soon as possible so we can determine the amount of coverage available
and seek compensation from your insurance company. Getting us all of
your available insurance paperwork in a timely manner will help to
protect your rights.
What do I do if I am unable to work due to
the accident?
You may be entitled to submit a claim for lost
wages from injury due to your accident. If you receive a "unable to
work" order
from your Doctor you may, according to the facts in the case,
be entitled to recoup lost wages. Do NOT take time off from work without
a written order from your doctor. You may hurt your case. Use the lost
earnings worksheet to help you identify your lost wages. It is important
to keep track of your lost wages, since your employer will probably not
do this for you.
Do I really need a Lawyer?
According to the laws, you have the right to legal
counsel to protect your rights when someone’s negligence has caused
damage to you and/or your property. Hiring an injury lawyer sends the
insurance company the message that you are serious about your claim. You
will also have the security of having your personal rights protected.
The at-fault insurance company may try to tell you that you do not need
a lawyer. The person giving you that advice is probably not a lawyer and
may even be breaking the law by attempting to practice law without a
license. We have seen many instances where an adjuster for the at-fault
insurance company convinces a claimant that they do not need a lawyer,
only to be stuck much later, with an unresolved claim. Most times, it is
too late for us to help that claimant. We are of the most help when you
come to see us immediately after the accident.
Will I need you to file a lawsuit?
The majority of cases settle before there is a need
for a lawsuit. In certain circumstances, a lawsuit becomes necessary
like when the at-fault insurance company refuses to negotiate in good
faith. If we can not settle your case satisfactorily we will advise you
on taking your case to Court.
How much money can I expect for the property
damage to my car?
You should be offered either the amount that it
will take to restore your car to its condition prior to the accident, or
the fair market value of your car if the car is considered totaled.
There are different methods used by insurance companies to determine
these values (see Section Ten). Carabin & Shaw PC, Injury Lawyers is
prepared to assist you in making sure these values fall within the scope
of fairness provided by the law.
How long will it take to settle my case?
All claims are handled individually and on a
case-by-case basis. No two cases are exactly alike. In general, the
finalization of your claim is determined by your length of treatment and
time of rehabilitation. We will proceed promptly with your claim as soon
as your doctor(s) have released you from treatment. Once you are
released by your doctor, usually your case can be resolved in 60 days if
litigation is not necessary.
How much money can I expect to receive from
my case?
No lawyer can accurately estimate the value of your
case until all facts have been discovered and reviewed. Unknown factors
can sometimes come up or problems arise that may change the financial
value of your case. No matter what the circumstances may be, Carabin &
Shaw PC, Injury Lawyers will consult with your treating doctors and
other pertinent experts to give you an estimate that we feel is legally
fair and reasonable. We will then work hard to get you what we feel is
fair and reasonable in the quickest way possible. (See "How
Much Can I Expect?") If you would like to sit down with
Mr. Shaw, he may be able to give you case value ranges.
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