How To File an Accident Report

One in every eight drivers will be involved in an automobile accident this year, and with over six million accidents occurring every year, becoming involved in an accident within your lifetime is almost guaranteed. Some accidents simply cannot be avoided, so it is important to know How To File an Accident Report .

Immediately after the crash, the primary concern should be the safety of everyone involved. If thedamaged vehicle can be moved to the shoulder of the road it will be out of the flow of traffic, and allow the driver a better possibility to exit safely. Since there are both states in which it is required that vehicles be removed from traffic after an accident and states in which it is legally prohibited, it is important to be aware of the law in your area. Whenever possible, remain in your vehicle until you have both done an initial first aid evaluation of yourself and your passengers and contacted 911.

How To File an Accident Report

Once you have safely exited your vehicle, it is important to be aware that anything you say at the scene of the crash, whether to crash participants, witnesses, or emergency response personnel, can affect the determination of fault, which in turn will affect both your driving record and the settlement of your claim. Making threats, assigning blame, or admitting fault can all be used against you by the other driver’s insurance company, so instead, be polite, cooperative, and concerned. Answer any questions posed by law enforcement as concisely as possible, and avoid speculation. Get sufficient information from the driver of the other vehicle or vehicles involved.

How To File an Accident Report

In order to avoid being given incorrect information, copy driver’s license and insurance information directly from the other driver’s documents, and record the VIN, make, model, color and license plate number of all vehicles involved. It will be to your advantage if a claims adjuster is able to examine the scene before it has been cleared, so contact your insurance company as soon as possible.

Following these tips for filing an accident report may not make you a safer driver, but they will help minimize the impact to your wallet and your driving record that can result from the impact to your automobile.

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At-Fault and No-Fault Accidents

Determining fault in a car accident is a matter of figuring our the degree to which each driver involved caused the accident. Determining fault is done according to state law where the accident took place. Each state’s rules vary, and so the best option is to contact a local car accident attorney for the rules in your state.

States are divided into two main categories of how they deal with fault in automobile accidents, although there is significant variation within the categories. Most states are fault states. This means they have a tort liability system of auto insurance. This means that the driver who caused the accident, or his insurance company, is responsible for all damages to other parties involved in the accident. This may seem like a fair way to handle it, but it has the unintended consequence of clogging the legal system with accident claims. After all, if an at-fault driver denies he was at fault(and why wouldn’t he?) there is no other avenue besides court to force him or his insurance company to pay.

At-Fault and No-Fault Accidents

In response to the massive legal costs of determining fault, some states have shifted to a no-fault system of At-Fault and No-Fault Accidents for handling accidents. There are currently twelve states with no-fault systems: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah. In these states they have eliminated many of the long and costly court battles that plague fault states.

In no-fault states, drivers to do not have to prove that someone else caused the accident in order to be reimbursed for costs from their insurance company. His insurance company usually pays all medical bills automatically. These states require minimum levels of personal injury insurance, shifting the cost of medical damages from the insurance company of the at-fault driver to the insurance company of the injured party. The trade off is that injured drivers cannot sue for pain or inconvenience damages unless his or her medical bills cross a certain threshold or the injury is deemed “severe” by state law. Damage to the car and other property, however, is still based on fault.

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What is The Cost of a Personal Injury Attorney

If you have been injured in a car accident where you were not at fault, you might consider hiring a lawyer. Personal injury attorneys work to make sure their clients get fair and reasonable insurance settlements.

Lawyer’s fees can be confusing. Understanding a few of the fees that you might face will help you budget and also avoid confusion when it comes time to make your payments.

What is The Cost of a Personal Injury Attorney
To avoid any surprises when paying your lawyer’s fees, find out how they work as soon as possible. The American Bar Association recommends that personal injury lawyers explain their fees in writing as soon as possible after taking on your case. In some states, the bar requires attorneys to do so before taking your case.

What is The Cost of a Personal Injury Attorney

Three common types of personal injury attorney fees are the following.

• Contingency.
• Retainer.
• Hourly.

Contingency

The majority of personal injury attorneys accept cases on a contingency fee basis.

With a contingency fee plan, if you win your case, your attorney takes a percentage of the settlement amount from the auto insurance company.

This amount varies by state and individual attorney, but it often ranges from 33% to 40% of the settlement amount. The contingency fee should be consistent with the amount of work that the personal injury lawyer needs to put into the case.

Although you only pay the contingency fee if your attorney wins the case, you are still liable for additional fees. (See “Typical Expenses in a Personal Injury Case” below.)

During your initial consultation with a personal injury attorney, be sure to inquire about all related fees and potential expenses.

Retainer

A retainer agreement is the written financial agreement between client and attorney that lays out the fee required to retain the services of the attorney. This fee is paid upfront.

In addition to contingency, court, and case filing fees, inquire about retainer fees during your initial consultation.

The details of retainer agreements vary, but an agreement will typically contain the following information:

• Attorney-provided services.
• Corresponding client actions.
• Explanation of fees and expenses.
• Payment schedule.
• Process of dissolving the professional relationship if it is inharmonious.

Hourly

Hourly fees can quickly add up. Before you agree to pay an attorney on an hourly basis, ask for anestimate of the total time the attorney expects to spend on the case.

NOTE: A personal injury lawyer who works quickly and charges a higher hourly rate may end up charging you less overall than a lawyer who charges less per hour but takes longer.

What is The Cost of a Personal Injury Attorney
There are many expenses that come up as your lawsuit proceeds. You’ll pay the fees as they arise, or the lawyer will take the fees out of your share of the settlement.

These are some of the fees that can occur during the suit.

• Expert witness fees.
• Postage.
• Filing fees.
• The cost to hire investigators.
• Obtaining and preparing medical records and police reports.
• Exhibits for trials.

What is The Cost of a Personal Injury Attorney

Hiring a personal injury lawyer can be expensive, but you can try to lower the costs. See the following strategies for negotiating lower fees.

• Compile your own documents and ask the lawyer to lower the contingency percent. He may be willing to lower your fees if a substantial amount of work is completed before he starts.
• Ask to pay a lower contingency fee if your case is settled out of court, since your attorney needs to do far less work for a settlement than when preparing for a trial.
• Ask to pay a lower contingency fee if your settlement is below a certain amount of money, such as $10,000 or $20,000.
• Ask the lawyer to work hourly until you reach a certain limit and then switch to a contingency plan.
• Pay on an hourly basis to start and switch to a contingency plan if the offer for compensation from your car insurance company is too low.

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