If you get in a car accident, should you get a lawyer?

October 20, 2008 by admin · 16 Comments
Filed under: Blog 

My partner was involved in an accident with a dump truck. This happened a month ago and there still hasn't been anything done. She still has no rental car, no check for a new car (hers was totalled), no compensation what so ever. She doesn't really have any injuries, and that isn't the concern. Should we get a lawyer to help us? The first question they always ask is about injuries. Do they help if there aren't any??? She is calling daily (multiple times a day) and is still getting NO where. We need this situation taken care of. Legally, what can be done?
Ok, I guess I left out some info…
My partner was not found to be at fault. The police officer found the other driver to be at fault. The police were called right away, and the insurance company was called right away. Her insurance company is doing nothing! Regular calls are made to Allstate (her insurance) and they keep telling her they are waiting on the other insurance company. She doesn't have collision coverage because her car is older, paid off, and she didn't worry about. So, her insurance doesn't cover her rental car. She is being told they have to wait to see if the other insurance company is going to cover it. Finally after 3 weeks of making calls and getting no where, we finally get a call that the claim was JUST filed with the other company. We have been calling for 3 weeks to her insurance and they just kept telling us everything had been filed, and that they were just waiting. She did go to the doctor right away. (within 24 hours)
Also, within the past week we have been in touch with the other persons insurance company. Still getting NO WHERE.

When there is an accident, not matter if there are injuries or not, the police do an investigation, then they have to give you a case number where you take to the insurance company for claims. Also the police has to investigate the circumstances of who caused the accident and why, including the weather conditions, road conditions and the condition of the car. When I say condition of the car, a bald tire can skid when breaking and you can hit a tree, a pole or another car.
After you get the case number, the officers name and badge number, the date, time, location and the damages done to the car you go to the insurance company to file a claim. If there were injuries, you go to the nearest emergency room for treatments and if your state has the State Insurance, they should have their claims offices where you can file your case and have them help pay for treatments for the injuries.
Now, if the car is new or is still being paid for, the dealer must give here a loaners car until she has her own fixed or a new one given to her depending on the condition of the car after the accident. If the car was a used one, and the guarantees are expired, then there is no way the dealer can loan her a car unless you have insurance such as for example All State whom may have loaners available or rentals for a specific period of time. Now, about the injuries you have up to 24 hours for treatment after that your are too late. If the other person caused the accident, then that person has to prossess the documents so that the insurance that they have can cover your friends car for repairs or get a new car. If that other person does not have insurance, then with lawyer, you can take the case to court. A lawyer is expensive and if you win, he or she will ask for bit time money, so check with legal services because they are for free and will help put you on the right track. Since you say this was a month ago, then you better get that lawyer fast, have all documents on hand, as mentioned above, photos of the car, and depending on where the car was towed to, have the exact address of the garage or place to where it was towed, the insurance companies info, the info of the one who caused the accident, the exact time and day and year. Gather all that evidence and go get a lawyer, ask first for the lawyers fees, if they are too steep, then go to legal services. Also, for compensation from injuries, legal services can win your case. You could check with the State Compensation office because they may have lawyers paid by the state who will defend you and if you win, they won't charge as much as a regular private payed lawyer.
Best of luck in your case and don't give up.

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