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Answers to your car accident questions

Have you had a car accident? Are you unsure what to do? Are you looking for free and reliable information? From an objective expert? If so, you're in the right place.

Did you do the right things at the scene
. . . there are 8 of them . . . and if
you didn't do all 8, is it too late?
You've never been in this situation before so you're wondering what to do after your car accident.

Or, maybe you've had a car accident . . . or two . . . but it was a long time ago and you've forgotten all the things you have to do.

There's even a chance that "the rules" have changed since your last car accident. Hey, are they allowed to do that?
Don't worry. It's not that difficult. And I'm going to walk you through the things you should do after your car accident, step-by-step.

First, make sure that you've done all the things you should have done at the scene . . . if it's not too late.

Once you've done that, do these 8 things unless they obviously don't apply to you . . .
1. Get Necessary Medical Care



2. Inform Your Insurance Company



3. Don't Talk to the Bad Guys About
Your Injuries . . . For Now.



4. Report Your Accident to the DMV



5. Keep a Diary



6. Get Your Car Repaired



7. Make No-Fault Claims Under Your Insurance Policy



8. Make an Injury Claim Against the At-Fault Driver


What should you do after your car
wreck to protect yourself?
(Hint: there are 8 of these too.)

What should you know about your
auto accident injuries?

Face and Head Injuries - such as a scrape, bruise, laceration, fracture, TMJ, dental injury.
Brain Injuries - such as a concussion, post-concussion syndrome, closed head injury, traumatic brain injury.

Neck Injuries - such as a sprain, strain, whiplash, fracture, cervical radiculopathy, disc injury.

Shoulder and Arm Injuries - such as a laceration, sprain, strain, fracture, dislocation, rotator cuff injury.

Back Injuries - such as a sprain, strain, fracture, disc injury, thoracic spine injury, lumbar radiculopathy, lumbar spine injury.

Leg, Knee and Foot Injuries - such as a laceration, bruise, fracture, sprain, strain, dislocation, ligament injury, hip injury, knee injury, foot injury.

Psychological Injuries - such as a post traumatic stress disorder.

Things You Should Know About Car Accident Injuries:

Is there always a direct relationship between the severity of the car accident and the seriousness of the injury?

No.

Major accidents usually cause major injuries and minor accidents often result in little or no injury.

But you've probably heard about car crashes where a car was totaled but the driver . . . miraculously . . . walked away unharmed. And, you have also probably heard about the opposite situation, where a relatively minor car accident left a driver with injuries that caused a lifetime of problems.

Are all car accident injuries obvious right away?

Many are, of course. But some aren't.

As a result of the trauma of the car accident, your body reflexively produces hormones called endorphins which are painkillers. Because of the excitement of the accident and the production of endorphins, you might not know right away that you have been injured.

So what should you do if you suspect that have been injured in a car accident?

You should be examined by a doctor if you have any symptoms of an injury during the first week or two after your car accident, even if it was a fairly low speed impact or a small damage collision.

Better safe than sorry.

How do you get your car fixed? Who pays
and how much do they have to pay?
Are you ready for a lawyer-like answer? It depends. It depends . . . on who caused the accident.

f you caused the accident, your insurance company pays to repair the damage to your car . . . or, if you don't have the right insurance coverage (collision coverage), you pay!

If the other driver caused the accident, the other driver's insurance company pays. If the other driver doesn't have the right insurance (property damage liability coverage), he pays himself. Alternatively, you can have your car repaired by your insurance company under your collision coverage, if you have it.

In some cases, you will have a choice. If an insured driver caused your accident, you can choose to have your car damage repaired by your insurance company (under your collision coverage) or by the other driver's insurance company (under the other driver's property damage liability coverage).

How Much Do They Have to Pay?

I hate to say it but . . . it depends. It depends on the amount of damage to your car.

Generally, you are entitled to have your car repaired and put back into its pre-accident condition. That is, unless the repairs would cost more than your car is worth. If that's the case, your car is considered "totaled" and you are only entitled to recover your car's actual cash value (ACV) before it was destroyed.

Let's go over this with numbers. Say it will cost $10,000 to repair your car. If the car is worth $20,000, you are entitled to have it repaired. But, if your car is worth $8,000, you are not entitled to have your car repaired. Instead, you are only entitled to the $8,000 that it was worth.

You may also be entitled to a rental car . . . either until your car is repaired or, if your car is totaled, until the ACV (remember, that's actual cash value) is determined. If the at-fault driver's insurance company is repairing your car, they must provide a rental car. If your insurance company is repairing your car, it only has to give you a rental car if you have rental car reimbursement insurance.

Releases

f you are dealing with the other driver's insurance company, you may be asked to sign a release after your car damage is repaired or after you are paid the value of your totaled car.

Once you are sure that you have gotten all that you are entitled to, it's ok to sign a release of your "property damage" claims, but you should not release "all" your claims, especially if you intend to make a claim for your "personal injuries," or, as some insurance companies call them, your "bodily injuries."

Instead of a release, you may be given an insurance company check that says that it is for "full and final settlement of property damage," or some similar language. If the check covers everything that you are entitled to receive, you can accept the check and use it.

But, if you have additional property damage claims, don't accept the check. If you accept it, you might be waiving your additional claims. Instead of accepting the check with this language on it, contact the insurance company and get either the additional amount you are owed or the insurance company's written agreement that you can still make an additional claim.

How do you present a claim for your injuries?

To make car accident claims and to achieve car accident settlements, you must understand two things . . . the settlement process and the settlement value of your car accident claim.

Actually, there are two kinds of car accident settlements and they are handled differently . . . and usually separately. There are settlements for the injuries you received in your car accident and for damage done to your car.

This discussion is about your claim to be compensated for your injuries. These are often called "Personal Injury claims" or "P.I. claims." Some insurance companies call them "Bodily Injury" or "B.I." claims. (See, you're already learning the language of car accident settlements.)

Click here to learn about claims for damage to your car or other property.

One more preliminary.

Twelve (12) states have a no-fault system that applies to car accident injury settlements. In routine cases in those states, an injured driver is paid by her own insurance company for her medical bills and lost income, but she cannot be compensated for pain and suffering or make a claim against the driver who caused the accident.

However, even in those states, an injured person can make a claim for compensation against the driver who caused the accident under certain circumstances, such as where the injuries are "serious" or the out-of-pocket expenses are above a certain threshold amount.

So, even if you are in a no-fault state, I recommend that you read on . . . you may end making a claim against the driver who caused your accident.

Car Accident Settlement Process

The car accident settlements process begins when your accident happens and ends, if all goes well, when you receive a check compensating you for your injuries and other losses.

Yes, the car accident settlements process begins at the scene of your accident where you start to gather information . . . let's call it what it is, "evidence" . . . that will be considered in settling your claim.

From that time until you submit your claim, you collect and preserve evidence that documents the cause of your accident and answers this question . . .

How has this car accident affected my life?

The evidence you gather should include. . .

The facts of how the car accident happened, with supporting documentation such as the police report, witness statements and photos. Use this accident investigation form to record information at the scene of your accident. Then, keep a diary of important accident-related information, using this diary form.

Medical records that show what injuries you received, how they were treated and how well you recovered.

Medical bills that you incurred to treat your car accident injuries.

A statement verifying any loss of income that resulted from your car accident injuries.

Documentation of any other financial losses that you had as a result of your car accident.

Evidence of your pain and suffering.

When you completely recover from your injuries . . . or, if you won't completely recover, when you recover as much as you are going to . . . you submit this information to the insurance company in a "settlement package" or, as it is also called, a "demand package" to begin settlement negotiations.

After the insurance company responds, staking out its initial position, there is normally a give-and-take, back-and-forth negotiation. With preparation, patience and good luck, this process will lead to a car accident settlement.

The final paperwork involves trading a Release for a check. That is, the insurance company pays you money to compensate you for your injuries and damages and, in return, you give a release of your right to make any further injury claims as a result of your accident. When this is done, your car accident settlement is complete.

Click here if you want to learn more about the car accident settlements process, including such things as how insurance companies and their adjusters operate, how to thoroughly document and present your claim and some of the strategic considerations.

Settlement Value of Your Car Accident Claim

There are 3 main ways to estimate the settlement value of your injury claim.

1.

Colossus.
2.

Multiple of Specials.
3.

Per Diem.

Colossus

Most of the large insurance companies use a software program called Colossus , or something similar, to calculate car accident settlements values in small to medium sized cases.

Different insurance companies use this software differently. Some rely on it heavily, especially when the adjuster is inexperienced. Others use it only as a guide or a tool.

You can't use Colossus because it isn't available to you. You wouldn't want to use it even if you could. Colossus doesn't consider many of the key facts of the case and doesn't know -- or care about -- what you went through.

But you must know that Colossus exists and, generally, how it works.

Multiple of Specials

To determine what is a fair settlement amount for your injuries, in a typical case you add together the compensation for these 3 things . . .

1.

Medical bills.
2.

Lost income.
3.

Pain and suffering

Although lawyers and insurance adjusters usually deny using this system, in a routine car accident case that does not involve serious or permanent injuries, many of them calculate settlement value by multiplying the medical bills and lost income . . . which the industry calls "special damages" or "specials" . . . by somewhere between 1 1/2 and 4, depending on the circumstances of the case.

For example, if you received a neck injury in your car accident, incurred medical bills of $2,500 and missed a week of work which cost you $1,000, your "specials" are $3,500. Depending on the other facts in the case, the settlement value, under the multiple of specials system, is between $5,250 (1 1/2 times specials) and $14,000 (4 times specials).

Per Diem

Another way to determine settlement value is to calculate your pain and suffering by attributing a "per diem" (per day)(or per week, month, etc.) value to it and add that amount to your "specials."

Although insurance companies don't agree with me on this, I suggest valuing each month from the time of your injury until you completed treatment at $3,000 and each month thereafter that you suffered from symptoms at $1,000 per month.

For example, let's continue to assume that you had medical out-of-pocket expenses of $2,500 and lost income of $1,000, or total specials of $3,500. Assume further that you were treated for your injuries for 3 months and that, even after you finished treatment, you continued to have pain and stiffness in your neck for another 2 months. After that, you were fine.

Using my suggested values, the total pain and suffering value under the per diem system is $11,000, and, when the out-of-pocket expenses are added, the total settlement value is about $14,500.

Of course, as you have probably already figured out, these methods of determining settlement value do not apply to no-fault systems which do not compensate for pain and suffering. They only compensate for out-of-pocket expenses.

Click here if you want to learn much more about the settlement value of your accident claim, including such things as how to identify and prove the elements of your claim and further explanations of the 3 methods of valuing your claim.

What is the settlement value of your claim?
Car accident settlement value depends on two things . . . the strength of your liability claim and the extent of your damages.

Liability

Unless you are in a no-fault state, you cannot recover money damages unless "liability" exists.

What exactly does "liability" mean?

The correct term for what you have to show is "negligence," which means carelessness. Examples of negligence are not seeing another vehicle that should have been seen, following too closely, driving too fast for the circumstances, making an unsafe turn, disobeying traffic signals or signs, disregarding weather conditions and simply not paying enough attention to driving.

In the most common type of accident, a rear-ender, the following driver is negligent because he wasn't paying sufficient attention and didn't keep a safe distance between vehicles.

If liability is clear and is acknowledged by the insurance company in your case, skip down to the discussion of how to decide your accident settlement value.

If liability is not clear and the insurance company that you're dealing with denies liability, you should contact a car accident lawyer about your case.

What if the other driver was negligent but you were also negligent?

If the other driver was negligent, but so were you, your claim is completely defeated (in some states) or at least reduced (in most states).

Let's use this example. A driver negligently changes lanes without looking and hits your vehicle which you were negligently driving too fast.

If your case is in Alabama, Maryland, North Carolina, Virginia or the District of Columbia, your negligence . . . called contributory negligence . . . completely defeats your claim! That's right. Even if the other driver was the primary cause of your accident, if you were also negligent, you have no right to recover anything for your injuries in these contributory negligence states.

The other fault states have different versions of the more reasonable comparative negligence rule.

Comparative negligence means that the injured person's claim is reduced by the percentage of his negligence. Let's go back to our example. If you were the driver who was speeding when you were hit by a careless lane changer, and it is determined that your speeding was 25% responsible for causing the accident, your recovery is reduced by 25%. If a full recovery was $10,000, you can only recovery $7,500.

In short, in contributory negligence states, to prove liability you have to be able to show that another driver was negligent and you have to also be able to prove that you weren't also negligent. In a state with the most common type of comparative negligence, you must show that you weren't as negligent as the other driver.

In many cases, such as the example I used, liability won't be clear cut. Who caused the accident may be debateable. If there are any facts to support them, the opposing insurance company will always claim that their policyholder did not cause the accident, that you did. Alternatively, they will argue that although their driver was negligent, so were you.

While you shouldn't cave in to weak insurance company arguments, you must consider legitimate liability issues when you are deciding what a fair accident settlement value is. I'll talk more about this in a minute.

Damages

Assuming that liability exists, the only remaining question is . . . how much? How much are you entitled to recover as compensation for your injuries.

These are the 3 commonly used methods of determing accident settlement value in routine car accident cases . . .

1.

Colossus.
2.

Multiple of specials.
3.

Per diem.

Colossus

Most of the top insurance companies use a software system called Colossus (or something like it) to determine car accident settlement value.

Insurance companies believed to use Colossus include Aetna, Allstate, CNA, Erie, Farmers, Metropolitan, Ohio Casualty, The Hartford, MetLife, Travelers, USAA and Zurich. And many of the other insurance companies use some other form of injury valuation software.

You won't be able to use the Colossus system, but you have to know that it exists and how it works in order to discuss settlement with the insurance claims adjuster.

Click here to learn much more about Colossus.

Multiple of Specials

To determine accident settlement vlaue, you add these elements of damage together . . .

1.

Medical bills.
2.

Lost income.
3.

Pain and suffering damages.

The insurance company may challenge the amount of medical bills and lost income that you claim. They may claim that some of your medical bills were for unnecessary treatment or that the charges are unreasonably high, or they may contend that your claim for lost income is excessive or not supported by the medical records.

Usually, these defense claims are weak. If you got the treatment recommended by your health care providers and missed only the work that your doctors said you needed to miss, you should be able to recover all of your medical bills and lost income.

The much more difficult question to answer is . . . how much are you entitled to recover for your pain and suffering?

One common method of estimating the unknown -- pain and suffering damages -- is to multiply the known -- the out-of-pocket expenses for medical bills and lost income -- times an arbitrary multiple.

The out-of-pocket expenses are called "special damages" or "specials."

In a case that does not involve serious or permanent injuries, and where fault is reasonably clear, accident settlement value is determined under this system by multiplying "specials" by somewhere between 1 1/2 and 4, depending on the circumstances of your case.

For example, if you received a neck injury in your car accident, incurred medical bills of $2,500 and missed a week of work, which cost you $1,000, your "specials" are $3,500. Depending on the other facts in the case, the accident settlement value of your claim is somewhere between $5,250 (1 1/2 times specials) and $14,000 (4 times specials).

How do you choose the multiplier?

The multiplier that is used is a judgment that is made after considering all of the evidence in the case. These are some of the factors that affect the multiplier . . .

Whether there are any aggravating circumstances in the accident, such as drunk driving or driving under the influence of drugs. If there are aggravating circumstances, use a higher multiplier.

The seriousness of your injuries. Obviously, more serious injuries demand more compensation than less serious ones. For example, broken bones are considered more serious than soft tissue injuries. (My experience, however, is that soft tissue injuries (sprains and strains) can be quite serious, causing significant long term problems. Don't let insurance adjusters scoff that you "only have soft tissue injuries" if there is nothing "only" about your injuries.)

How long your recovery took. For example, a 6 month recuperation normally entitles you to more than a 2 month recovery.

Whether you recovered completely. If you will have permanent consequences, you are entitled to more. In fact, if you have a permanent injury of any significance, I recommend that you consult with a car accident lawyer about your case.

Finally, before deciding on the most reasonable multiplier to use to calculate your accident settlement value, take a common sense look at the case.

If the out-of-pocket monetary expenses are particularly high compared to the injuries, use a lower multiple.

An example is someone who is taken to an emergency room from the accident scene and receives a great deal of diagnostic treatment, and incurs large medical bills, only to ultimately have relatively minor injuries. In this case, the multiplier should be lower.

On the other hand, if the out-of-pocket expenses are low compared to the injuries, use a higher multiple.

An example is someone who suffers a broken rib. Broken ribs don't require much treatment, so medical expenses are low, but they can cause great pain with every breath. A high multiplier should be used in this case to determine accident settlement value.

Per Diem

Another way to determine accident settlement value is to value your pain and suffering by giving it a " per diem" (per day) value and adding that value to your "special damages."

Let's use the same example. You had medical out-of-pocket expenses of $2,500 and lost income of $1,000, or total specials of $3,500. Assume further that you received treatment for a neck injury for 3 months and that, even after you completed your treatment, you continued to have pain and stiffness in your neck for another 2 months. After that, you were fine.

Using the per diem method for calculating accident settlement value, you assign an amount to each day (or week or month) that you suffered from your injuries.

While insurance companies will fight you on this, I recommend that you use $3,000 per month as compensation while your injuries were being treated. According to the U.S. Census Bureau, as of 2006, this was the approximate median income for U.S. males. Your reasoning, therefore, is that dealing with pain from your injury while it was acute was at least as difficult as doing the average job in this country.

After you complete treatment, but still suffer from symptoms, I recommend that you use $1,000 per month as compensation. As I write this, the federal minimum wage is $5.85 per hour, which extrapolates to approximately $1,000 per month. Your reasoning is that dealing with your symptoms after treatment ended is at least as difficult as the most menial jobs, the ones for which we pay the minimum wage.

In the example that I gave, where there were 3 months of treatment and then 2 more months of symptoms, the total pain and suffering amount under the per diem system that I recommend is $11,000, and, when the out-of-pocket expenses are added, the total accident settlement value is about $14,500.

Another way of using a per diem approach is to use your actual income figures as a measure of damages for the time you were in active treatment, reasoning that dealing with your injury was at least as difficult as the job that you normally do.

I prefer this method of determining accident settlement value for several reasons.

First, it gives you a reasonable answer to the question "how did you get that figure for pain and suffering?"

Second, it is a method of valuation that you can use if your case goes to court.

In court, the multiplier approach and Colossus are not formally recognized. You can't stand in front of a judge or jury and tell them you want 3 times your special damages. At least judges and juries are not supposed to calculate damages that way. Instead, they are supposed to award the amount that they decide is reasonable, fair and adequate for each compenent of damages -- medical bills, lost income and pain and suffering.

Therefore, you can use this system to explain to a judge or jury what you claim and why you claim it.

What are the arguments against the per diem method of valuation?

You might be confronted with the argument that recovery is a process so that this system awards too much for later in the recovery period when you are almost recovered. Your response is that it awards too little for the earlier, acute stage of your injury and that, on average, this approach is reasonable.

You should also point out that your calculations are based on an 8 hour day although you dealt with your injuries every waking hour, or if your pain woke you from sleep at night, 24/7. Viewed from that perspective, this approach is very conservative.

Your adversary might also argue that your figures are arbitrary. Yes, they are, but at least they are tied to something real -- the duration of your pain. On the other hand, the multiple of specials approach is arbitrary and tied to something -- special damages -- which does not necessarily reflect the seriousness of your injuries or the severity of your pain. Here, also, the per diem system is more "real."

Putting It All Together

My advise is to evaluate your claim both ways -- multiple of specials and per diem -- apply common sense and determine what, under your particular facts, is a reasonable accident settlement value.

How does liability figure into the calculation?

Finally, after you determine the amount you think is a reasonable accident settlement value, you must factor in the strength of your liabilty case.

In the most common kind of accident -- a rear-end collision that was obviously caused by the careless driver of the following vehicle -- you should seek your full accident settlement value.

On the other hand, if liability is less clear, you have to consider that fact in your evaluation.

If you are in a comparative negligence state, you should reduce your evaluation by the percentage that you think you contributed to causing the accident.

Let's return to the example above. If you decided that a multiple of 3 is the most reasonable to use, you would evaluate your claim at about $10,500. However, if you think that you were 25% responsible for causing the accident, you should reduce your accident settlement value goal by that percentage, to about $7,875.

Once you've completed your evaluation, you're ready to begin settlement negotiations.

Do these settlement value systems apply in no-fault states?

As you have probably already figured out, these methods of determining accident settlement value do not apply to no-fault systems which do not compensate for pain and suffering.

When is it necessary to file a lawsuit?
What are the alternatives?

What do you do if you can't settle your car accident claim with the other driver's insurance company?

You probably have to file a lawsuit in court.

Alternatives to Filing in Court

However, before going to court, consider several alternatives that can save time and money and still produce a fair result.

Mediation and arbitration are the main alternatives to court.

Mediation involves voluntarily meeting with a trained mediator who attempts to help the parties resolve their dispute by agreement. The mediator can't decide the dispute or require either side to do anything.

Arbitration, on the other hand, involves an agreed-upon arbitrator hearing evidence and, judge-like, deciding the dispute.

Neither arbitration nor mediation can happen unless you and the insurance company agree.

Don't be reluctant to suggest to the insurance company that you submit your dispute to arbitration or mediation. Insurance company attitudes about mediation and arbitration vary from time to time and from case to case, so it's hard to tell you in advance how likely it is they will agree. In my experience, these alternatives aren't used nearly as often as they should be.

Here's another alternative to going to court that can work in some cases.

If you can't reach a settlement because the insurance company just isn't playing fairly, you may be able to shape them up by making a complaint to your state's insurance department. Insurance companies are licensed and regulated and therefore . . . to some degree, at least . . . are concerned about complaints that they are not complying with the rules of fair play. To file such a consumer complaint, contact your state insurance department.

Alternative Courts

Small Claims Court

Depending on the amount that you are trying to recover, you may be able to file in your state's small claims court.

Generally, small claims car accident cases are decided by judges, not juries, they get to trial relatively quickly, they have simplified and expedited pre-trial procedures and they are not governed by formal rules of evidence in court, so you can represent yourself.

What's the catch? Why wouldn't you automatically use the small claims court in all cases?

Because there are limits on how much you can claim in small claims court. As of the time that I am writing this, the range is from a low of $1,500 in Kentucky and Rhode Island to a high of $15,000 in Tennessee and Georgia. Most small claims courts cover claims up to about $5,000.

To find out the small claims court limit in your state, check out this list of state-by-state small claims court limits.
"Regular" Civil Court Claims

If you want to recover more than you can recover in your state's small claims court, you have to file a case in the regular civil court in the state where the accident happened. This court will be slower, more expensive and governed by more rules than the small claims court but you can recover more.

The general structure of a car accident lawsuit is that, after the case is filed, there is a pre-trial phase which is known as "discovery," during which the parties, using procedures set up for this purpose, exchange information about the case. You can learn what the defense is and the defense can learn the details of your claim.

After discovery is complete, there is a trial.

Although it doesn't happen in most cases, there is also a possibility of an appeal after the trial.

While you're not required to have a lawyer represent you even if you file a lawsuit in regular court, it's probably a good idea. The more you are claiming, the more sense it makes to get someone on your side who understands the system.

Can You Represent Yourself in Court? Should You?

You always can represent yourself. You are not required to have a lawyer represent you, even in court.

But should you?

In small claims court cases, absolutely. That's one of the main reasons why small claims courts exist, to give citizens a way to present smallish claims by themselves, without the expense of a lawyer.

However, when your case is in a court that is governed by formal rules of procedure and evidence, you are at a major disadvantage if you try to represent yourself. The insurance company will have a lawyer represent the person you are suing, so there's a risk you will be tripped up by procedural rules and never even get to trial or that, if you get to trial, you will be frustrated by evidentiary rules you didn't know and be unable to prove your case. Either way, you lose.

Would you do surgery on yourself? Would you do any other important project yourself if you had not been trained to do that work? Of course not.

If you have a case worth bringing, you have a case worth winning. To increase your chances of winning, you should hire a lawyer to represent you in almost all court cases except small claims cases.

Hiring a Lawyer

n real estate, it's location, location, location. When looking for a lawyer to help you with an important case, you want someone with experience, experience, experience.

Ideally, you want someone who handles cases like yours every day. A car accident expert. Someone with expertise that is an inch wide and a mile deep. A car accident specialist.

That nice lawyer that handled your real estate settlement probably won't do . . . but she would be a good person to ask for a referral to a car accident lawyer. Ask her who she would hire if she had a case like yours.

Another way to find a good lawyer is through one of the online lawyer matching services, such as LegalMatch. At LegalMatch, you fill out a form telling about your case, just like you were being interviewed by a lawyer, except this is anonymous. Then your case is sent to pre-screened lawyers in your area. The lawyers who are interested in your case post information about themselves for you to consider. If you like what you see, you choose the best one to contact.