When clients talk to a car accident lawyer at Levar Law Injury and Accident Lawyers about their possible claim, they’re often surprised to hear they have a case.
In many unfortunate instances, they were so sure they didn’t have a claim that they neglected to take a few simple steps that could have greatly increased their chances of pursuing justice and compensation.
Our Little Rock car accident lawyers understand that the immediate aftermath of your accident can be chaotic and confusing. That’s why it’s important to protect yourself by taking proactive steps after your car accident.
What Our Car Accident Lawyer Recommends
The good news is that the right steps after your car accident are also easy. They entail some common-sense decisions and basic precautions.
Here’s what to do—and not to do—after your car accident:
- Don’t admit fault: In the immediate aftermath of your accident, speak to the other driver. Get his or her insurance information. Be polite and don’t cause any conflicts, but don’t admit to any fault.
- Get medical attention: The purpose of this is two-fold. First, and most importantly, you need to look after your health. Many of the injuries associated with car accidents take a while to show up and their symptoms can be minor at first. That doesn’t mean you aren’t hurt. Second, a successful claim requires medical care records. If EMTs come to the scene, let them examine you. If they don’t, see a doctor immediately.
- Document everything: You can never have too much information or too much evidence. Take as many photos of the accident scene as you can. Call the police to the scene and get a copy of the accident report. And get copies of any medical records generated while you were receiving medical attention.
- Don’t sign anything from the insurance companies: The insurance companies have two interests: closing your case as quickly as possible and doing so as cheaply as possible. They’re not looking out for you. Don’t sign any of their paperwork or accept any settlement offer before you…
- Speak to a car accident lawyer immediately: Even if you think the accident was simple, even if fault seems obvious, even if you don’t feel hurt, you should still come to Levar Law Injury & Accident Lawyers to talk about your claim. Our car accident lawyer can help you deal with the insurance companies, investigate your accident to determine fault and then pursue a case on your behalf.
And don’t ignore the immediately in that last tip. The statute of limitations for a personal injury claim in Arkansas is three years, and a fresh case is much easier for our car accident lawyer to investigate. Moving quickly will prove tremendously beneficial to you.
Post-Accident Checklist: Immediate Steps at the Crash Site
Being involved in an accident can leave you stunned and traumatized. It is easy to freeze and not know what to do next. Depending on how seriously you may be injured, do the following if you can.
- Be sure you are in a safe spot. If you can move your car to the shoulder, do so. If that is not possible, put on your hazard lights.
- Check to see if it is safe for you to get out of the car. If so, put the car in park and turn off the engine. Set the hand brake. Get out of the car and check on other involved parties to see if anyone is hurt.
- Call 911. Be sure and report if anyone is injured. The 911 operator will likely ask you this question. Ask for the police to be sent.
- When the police arrive, report what happened. Even if you think you did something wrong, it is important for you not to admit fault. Allow law enforcement to objectively assess the situation and write their own report.
- In some cases, the police will not arrive at the scene of minor accidents where no one seems injured. If this is the case, go to the police department to file a report.
- Gather as much information as possible. This includes getting names of all drivers and passengers. Exchange insurance information. Note the make, model and license plate number of all other involved vehicles. Get witness statements if you can. Take the badge number of officers that come to the scene. Take pictures of the cars and the accident scene if possible.
- Contact your insurance agent and file your claim for damages.
Process for a Car Insurance Claim
After being involved in a car accident, there is a lot that you have to do besides obtain medical treatment for injuries. You also need to file an insurance claim. Yet you may wonder what is involved in the process. Many people do not know what the insurance company will do. Here is the basic process of what goes on when you file an insurance claim.
Right after the accident, you need to gather as much documentation about the accident as you can. Obtain police reports, take pictures of the accident, and speak with witnesses. Write down the date and time of the accident as well as all license and registration information from the other driver.
Next, you will file your claim with the insurance company. They will ask for all the information you have for the accident. Then they will assign a claim adjuster who will investigate the accident details. The claims adjuster will also review your policy as well as the damages to your vehicle.
By this time, the claims adjuster will have your medical bills paid as well as authorize repairs for your vehicle if it is not a total loss. You won’t have to wait until after the claim payment is offered to pay your bills or car damages.
At the end of the process, the claims adjuster will determine who is at fault for the accident:
- The other driver is totally at fault for the accident
- You may be entirely at fault
- Both drivers will share liability
These factors will determine the amount of compensation you may get. You may be offered a smaller settlement if the claim adjuster finds that you are partially at fault.
Common Types of Car Accident Compensation
In Arkansas, you may be eligible for various types of compensation, depending on the specifics of your case. These typically fall into two main categories: economic damages and non-economic damages.
Economic Damages:
- Medical Expenses: This includes costs for emergency room visits, hospital stays, surgeries, medications, physical therapy, and any future medical care related to your injuries.
- Lost Wages: Compensation for income lost due to time off work for recovery or medical appointments.
- Loss of Earning Capacity: If your injuries affect your ability to work in the future, you may be compensated for potential future lost earnings.
- Property Damage: This covers repair or replacement costs for your vehicle and any personal property damaged in the accident.
- Out-of-pocket Expenses: This can include costs for transportation to medical appointments, home modifications needed due to injuries, or hired help for tasks you can no longer perform.
Non-Economic Damages:
- Pain and Suffering: Compensation for physical pain and discomfort resulting from your injuries.
- Emotional Distress: This covers psychological impacts such as anxiety, depression, or PTSD related to the accident.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies or activities you once did, you may be compensated.
- Loss of Consortium: This applies to the impact on your relationship with your spouse due to your injuries.
The specific types and amounts of compensation you may receive depend on several factors:
- The severity and long-term impact of your injuries
- The clarity of fault in the accident
- The amount of insurance coverage available
- The strength of evidence in your case
- Your lawyer’s skill in negotiation and litigation
It’s important to note that Arkansas follows a modified comparative fault rule. This means that if you’re found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. You may not recover damages if you’re 50% or more at fault.
What If the Other Driver Doesn’t Have Insurance?
If you’re in an accident with an uninsured driver in Arkansas, you have several options:
- Uninsured Motorist Coverage: If you have uninsured motorist (UM) coverage as part of your auto insurance policy, you can file a claim with your own insurance company. This coverage is designed to protect you in exactly this situation. Your insurance company will essentially step into the shoes of the at-fault driver’s insurer and compensate you for your injuries and damages, up to your policy limits.
- Personal Injury Lawsuit: If you don’t have UM coverage, or if your damages exceed your policy limits, you may need to file a lawsuit directly against the at-fault driver. However, if the driver couldn’t afford insurance, they may not have assets to pay a judgment.
- Underinsured Motorist Coverage: If you have this coverage, it can help if the at-fault driver has some insurance, but not enough to cover all your damages.
- Medical Payments Coverage: If you have this on your policy, it can help pay for your medical expenses regardless of who was at fault.
- Health Insurance: Your health insurance can cover your medical expenses, although you may need to reimburse them if you later recover damages from the at-fault driver.
Remember, even if the other driver is uninsured, you still have rights and potential avenues for compensation. Don’t hesitate to reach out for a free consultation to discuss your options.
The Role of a Car Accident Lawyer
A car accident lawyer plays an important role after an accident.
Here’s how an experienced attorney from Levar Law Injury & Accident Lawyers can assist you:
- Case Evaluation: Our lawyers can assess the strength of your case, helping you understand your legal rights and the potential for compensation.
- Investigation: We conduct thorough investigations into the accident, gathering evidence, interviewing witnesses, and working with our legal team to build a strong case on your behalf.
- Dealing with Insurance Companies: Our car accident attorneys handle all communications with insurance companies, protecting you from potentially misleading tactics and ensuring your rights are upheld.
- Determining Compensation: We calculate the full extent of your damages, including medical bills, lost wages, pain and suffering, and potential future expenses related to your injuries.
- Negotiation: Our experienced car accident lawyers negotiate with insurance companies and other parties to secure a settlement that covers all your accident-related losses.
- Litigation: If a fair settlement cannot be reached, we can take your case to court and advocate for you before a judge and jury.
- Legal Guidance: We provide legal advice throughout the process, helping you make informed decisions about your case.
- Paperwork and Deadlines: We handle all legal paperwork and file all necessary documents within Arkansas’s statute of limitations.
- Peace of Mind: By handling the legal aspects of your case, we allow you to focus on your recovery and getting your life back on track.
Schedule Your Free Consultation With a Car Accident Lawyer Today
If you’ve been injured in an Arkansas accident caused by someone else, don’t wait to get the legal help you deserve. Levar Law Injury & Accident Lawyers offer free consultations to discuss your case and explore your options.
Our experienced car accident lawyers are ready to fight for your rights and guide you through the legal process. Contact us today at (501) 588-0082.
