MOTOR VEHICLE ACCIDENT INJURY FAQs AND GENERAL INFORMATION
Important information you should have if you’ve been injured in a motor vehicle accident.
We at Mueller Law Group would like to provide you with answers to some frequently asked questions along with some general information concerning your motor vehicle accident and personal injury. Please keep in mind that not all of this information may pertain to your specific case. If you have any questions, contact us.
I Was Just Involved in a Motor Vehicle Accident. What Do I Do?
Record all important information: license numbers; the year, make, model and color of all vehicles involved; and, the details of the accident, including date, time, location, road conditions, traffic controls, and weather conditions.
Inform your insurance company of the accident as soon as possible.
If you have been injured and you have not yet contacted us, you should do so immediately to maximize your compensation and minimize the delay, frustration and confusion that you may experience if you make an injury claim.
About Your Insurance Policies:
Consider all insurance policies under which you might have coverage. Many people have more than one policy that might cover a claim. In particular, look at all automobile insurance policies for every member of your household, and also "umbrella" policies.
Gather all such insurance policies in your household for evaluation by us. You should also review and understand your insurance policy, especially the "Coverage" and "Exclusion" sections of the policy.
About Medical Bills and Expenses:
If you have health insurance, please be absolutely sure to provide your health insurance information to each and every one of your health care providers. Then, make sure that all of your medical bills go directly to the health plan for payment. You should have your health insurance pay as much of the medical bills as possible. We will be making a claim for the total of all medical bills and expenses you incur (that is the full amount charged by your health care providers), not just for your out-of-pocket expenses.
About Automobile Insurance Medical Payment Coverage:
In addition to your health insurance, your automobile insurance policies may provide benefits and coverage for your injuries. For example, if medical payment coverage is part of your automobile insurance policy, that will help pay your medical bills. Do not authorize any of your health care providers to bill your automobile insurance company directly for payment of your medical bills. If you have “medical payment coverage” as part of your automobile insurance policy, we will make the claim to obtain this benefit for you.
About Uninsured Motorist (UM) and Underinsured Motorist (UIM) Coverage:
If uninsured and underinsured motorist coverage is part of your automobile insurance policy, it may be available for you under some circumstances. Call us and we will gladly explain this coverage and its application in detail, and whether it applies to your case.
About Photographs:
Please take photographs or video of the damaged car, SUV, or whatever vehicle you were in at the time of the collision. Also take photographs or video of your visible injuries. That does not mean you should sneak a "PatientCam" into surgery with you, but do take photographs or video.
About Talking with Insurance Company Representatives:
You should not talk with any insurance company representative, including your own, until after you have talked with us. You should not give a statement to anyone without first consulting with us. Do not give anyone any recorded statement without first obtaining our legal advice. Do not meet with any insurance company representative. Anything that you say is evidence and can be used against you.
All insurance companies use experienced claim adjustors to try to reduce the amount that they pay out. We can determine if a request is legitimate. If it is, we can provide the information for your response.
Generally, to expedite the repairs of your vehicle and obtaining a rental, you should speak directly to the insurance company regarding those matters. However, do not discuss how the accident happened, or any injuries or medical treatment. Be careful because the insurance company may be tape-recording your conversation.
About Completing Paperwork:
If you receive any paperwork or forms regarding the accident, call us. Obtain our legal advice before filling out insurance documents. It is especially important that you do not sign any document from any insurance company without first consulting us. You should never fill out or sign anything without first talking to us.
Do not sign anything without our advice. It could be a "release" (which ends your right to collect in the future even if your injury is more serious than you realize) or an "authorization" (which allows them to get all your confidential records, even ones that have nothing to do with your case). A bad financial situation after a major loss may make it seem necessary for you accept a premature, inadequate settlement. Talk with us first.
Should I Accept a Check From the At-Fault Driver or the Insurance Company?
Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company. Therefore, you should not accept a check or sign a release from the at-fault driver or his or her insurance company until after you have conferred with us. Typically, an attorney will encourage you to wait to accept a check until you have completed your medical treatment and have been released by a doctor, so you know you have received an amount that adequately covers your medical bills and other damages. An insurance adjuster may push you to settle the claim for the lowest possible amount and may discourage you from contacting an attorney. If so, you should ignore his or her advice, and consult us immediately before accepting any payment, signing any release, or otherwise settling your claim to insure that you are receiving fair compensation and not jeopardizing your right to a full and fair recovery.
Do not automatically accept any estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's repair or replacement estimates, which might be low.
About Insurance Company Surveillance:
You may have heard that insurance companies hire private investigators to follow injured people around. Insurance companies are in the business of paying as little as possible to resolve a claim. That includes using private investigators to photograph or videotape injured parties. They are attempting to find the case in which someone has lied about activities that they claim not to be able to do.
Obviously, being honest regarding your injuries and how they affect your life removes the fear of being followed and photographed or filmed. If you are instructed not to engage in certain activities by your doctor, be sure to follow that advice. If you believe that someone is photographing or filming you, please let our office know immediately.
Should I See a Doctor?
If you believe that you have been injured, seek medical attention immediately. Remember that the most important consideration is always your health and welfare. If you do not have a doctor, we can help you find one.
Frequently, symptoms of an accident injury will not appear immediately. Certain injuries may not be apparent until some time after an accident. And, you may experience a time lag between the collision and full awareness of the extent of your injuries. Or, your injury could be more serious than you realize. Even minor soreness can be an indication of a more significant injury. Therefore, if you believe there is any chance you may have been injured, you should see a doctor as soon as possible. By not seeing a doctor, you risk delaying your treatment and aggravating your injury.
An insurance company will argue that the failure of an individual to see a doctor right away indicates that the injury must have resulted from an unrelated event after the accident. The longer you wait for medical treatment, the more difficult it will be to connect the injury to the accident.
About Your Doctors:
You should keep all of your medical appointments, and return to each of your doctors as often as necessary. Explain all of your injuries and symptoms to your doctors. Always tell them about all of your complaints, any restriction or limitations caused by the injuries, and especially how your injuries have affected your life. You should not minimize your ailments to your doctors. Your doctors must know these things in order to properly treat you, and for us to obtain the maximum compensation for you.
It is extremely important that you follow the advice of your doctors. Until your medical problems are taken care of and your doctors release you, you should remain under your doctors’ care and follow their instructions. This will enable you to heal more quickly and will prevent the insurance company from claiming that some of your medical problems were caused by your failure to follow doctors’ orders.
About Your Harms and Losses:
The following are some examples of the damages for which we obtain compensation on motor vehicle accident related personal injury cases:
Medical Bills: All reasonable medical charges for necessary treatment of injuries caused by the negligent party are part of your damages – not just your own out-of-pocket payments. To present your case, we will obtain all of your medical records and bills.
Lost Income and Benefits: If you have lost time from work because of the accident or the injuries you suffered, you may have a claim for lost income and/or employment benefits. We will work with you and your employer to confirm the amount of your lost income and/or benefits.
General Damages: You are entitled to recover general damages for, among other things, the nature, extent, and duration of the injury; the pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of the injury; and, loss of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before the injury.
About Information to Prove Your Claim:
We will help you identify all losses that may be related to your accident.
We will obtain documentation of all of your losses, including medical bills, reasonable transportation costs related to the injuries, future medical treatment, lost wages, future loss of earnings, the effect on your family, and the effect on your life.
Can I Recover Compensation if the Accident Was My Fault?
Being at fault for the accident does not necessarily mean that the person is precluded from receiving any compensation for injuries and losses. An injured party may still be able to recover damages even if the accident was partially their fault. The amount of recovery will depend on the facts of the case. In these situations it is extremely important to consult with us as soon as possible.
If I Had a Previous Injury, Will That Affect My Right to Receive Compensation?
A previous injury does not necessarily affect the right to recover compensation. The injured party may still recover damages for re-injuring or aggravating the earlier injury. In order to document the damages, a person injured in an accident should keep a daily diary describing how the injury affects him or her and his or her immediate family.
Should I Wait to Bring My Claim?
If you or a loved one has been injured in an accident and you intend to make a claim to recover money for the injuries and losses, do not delay.
Delay can cause you to lose valuable rights. There are time limits called "statutes of limitations" for making claims. If you wait too long and the statute of limitations passes, you will be prevented from bringing your claim.
Delay can hurt your case. As time passes, it becomes more difficult to gather important evidence, and some evidence can be lost forever. It is also harder to find and interview witnesses who may move or forget details of your accident.
Delay or guessing can cause anxiety. Worrying about your case can cost you more than just a good night's sleep. And, delay can cost you thousands of dollars. Since waiting can cause the case to be dismissed or hurt the chances of getting the best recovery, seek our help as soon after an accident as possible. At Mueller Law Group, we fight to obtain the maximum compensation for you.
Will I Have to Go to Court?
Most accident injury cases are concluded without even filing a lawsuit. Most lawsuits are settled without an actual trial. A settlement avoids the costs and delay of a trial and may result in a greater net recovery. However, if the case cannot be settled on satisfactory terms, it may be necessary to try it in court. We resolve cases in the way that it is best for our clients. Because of the cost, time and stress involved in litigation, a courtroom may be the last place you want to go to resolve your case. Because of our experience in and out of court, we are able to settle most cases for our clients so they do not have to go to court. But, if the insurance company is unreasonable, we are prepared to take the case to trial if necessary. Because the insurance companies know that we are ready, willing and able to go to trial, we negotiate from a position of strength and have leverage to get the best results for our clients
Do I Have to Pay my Lawyer Anything Up Front?
At Mueller Law Group, you pay no attorney fees until you are paid. We will pursue a personal injury or wrongful death claim for you, and our fee is paid out of the money that we collect for you. If we collect no money on your case, you pay no fee. And, you pay no money down. We advance all costs for you necessary to prove your case and to maximize its value. (The Arizona Supreme Court requires clients to be liable for expenses regardless of the outcome of the case.
