Common Misconceptions About Filing Car Accident Claims

Posted on behalf of Arnold Law Firm in

car-accident-guys-with clipboard-blac-and-white-carsThe average person tends to have misconceptions about the legal process of filing a car accident claim. Unfortunately, this misinformation can cause accident victims to make decisions that may hurt their claim or their credibility.

Below, learn more about some of the most common misconceptions about filing a claim and precautions an accident victim should take following the crash.

‘I Should Tell the Other Driver I Am Partially at Fault’

It is human nature for a person to want to say “sorry” in response to something that goes wrong or just as a matter of habit. However, even if you think you are partially responsible for the accident, it is important that you do not apologize or admit fault at the accident scene or to the insurance company. In the moments after the crash, there may be things you are not aware of, such as the other driver being drunk or texting just before the accident.

‘There Is No Case Unless I Feel Pain or My Car Is Seriously Damaged’

Many accident victims do not feel pain immediately after an accident. Likewise, they may not observe any major external damage to their vehicle. However, there can be many injuries that are not immediately noticeable, and you may not know the full extent of the damage under your hood or to other parts of your car.

Even if you do not experience pain right away, see a medical provider after an accident. Adrenaline and shock can often mask symptoms of injuries you suffered. Seeking prompt medical advice and treatment will protect your claim if you do suffer injuries from the accident.

Even if damage to your vehicle is not severe, this may not reflect the severity of the physical injuries you suffered. Cars are made of metal and weigh thousands of pounds, so they have greater protection against damage compared to the human body.

‘I Must Give a Recorded Statement’

Shortly after an accident, you may be called by an insurance adjuster asking for a recorded statement. You are not obligated to give a recorded statement. Usually, it is not in your best interest to do so.

Insurance companies often contact an injury victim soon after an accident before they realize the full impact of their injuries, hoping to get them to say things that hurt the value of their claim or cause damage to their credibility.

‘I Cannot Afford an Attorney’

Many victims do not anticipate being involved in an accident and lack funds to hire an attorney who requires payment up front. However, the Arnold Law Firm works on a contingency fee basis, meaning you are only charged for our services if we help you recover compensation.

Some accident victims try to handle complex claims process themselves, but they may make mistakes that devalue the claim. Our experienced attorneys have a proven track record of recovering fair compensation for our clients. Many personal injury victims who hire an experienced lawyer receive more compensation than those who are not represented.

‘It Does Not Matter Which Attorney I Pick’

This is perhaps the biggest misconception of them all. Some accident victims believe that all attorneys are the same.

With law, there are various practice areas. For example, a family law attorney would not likely have expertise with handling your personal injury claim – and you probably would not want a Sacramento personal injury lawyer handling your divorce case! When you have been injured in a car accident, it is important to select a personal injury attorney who specializes in claims like yours.

The experienced lawyers at the Arnold Law Firm can discuss your claim during a free, confidential consultation. Call (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.