If someone sues you for an accident
compensation claim what you should do is contacting
your insurance agent and/or your accident attorney
right away. If
you don't have an accident attorney you can contact
one here.
Generally, your insurance company
will assign an accident attorney to handle your
case. But, if you are sued for more money than
your policy covers, you may need your own accident
attorney.
Also, insurance company lawyers
do not handle traffic citations or criminal cases,
such as hit and run charges. If you are charged
with a crime and cannot afford a lawyer, call
your county's Public Defender. Depending on your
income, you may qualify for free assistance.
To find the Public Defender, look in the white
pages under the name of your county.
Should
I get physical check-up after the accident?
A check-up is always a good idea
for both you and your passengers. You could be
injured and not know it right away. At least
call your doctor or another health care provider
for help in deciding what your needs may be.
Your automobile insurance may pay your health
care bills.
What
should I do if the other driver does not have
insurance?
If the other driver caused the
accident and is not insured, your own policy
will pay for your personal injuries - if you
have "uninsured motorist" or medical payments" coverage.
If the other driver's insurance is not enough
to pay for all of your damages, your own insurance
may pay the difference - if you have "underinsured
motorist" coverage. If you do not have these
kinds of insurance or if your damages are more
than the policy's limit, you can sue the other
driver. However, even if you win the case, you
cannot be sure that the other driver has the
money to pay. If you have collision insurance,
it will pay for damage to your car, no matter
who is at fault.
How does accident
attorney fee structures work?
Most accident attorneys charge
by the hour. Other fee structures include flat
fees, contingent fees or retainer fees. The following
provides a simple explanation of how each kind
of fee structure works.
The hourly rate primarily depends
on the attorney's experience, although other
factors include operating expenses and the location
of the practice. An experienced accident attorney
may also be able to give you a better estimate
of how much he will end up charging you for an
accident compensation claim.
Attorneys will charge a flat fee
when dealing with a more common legal matter,
such as composing a will or drafting bankruptcy
filings. When dealing with a flat fee, ask what
it covers.
Another common fee structure includes
a retainer fee. Retainer fees involve creating
an escrow account into which you pay in advance,
and they deduct from this account in accordance
with their hourly rate.
Accident attorneys occasionally
use a contingent fee structure. In this kind
of fee structure, accident attorney does not
charge any fees, but instead takes a percentage
of the settlement (usually 33%) and fronts all
costs related to bringing the matter. Contingent
fee structures are usually used in personal injury
cases and debt collection cases, but are not
allowed in divorce, criminal or child custody
cases.
What
is attorney-client privilege?
Attorney-client privilege means
that any legal information or matter that you
discuss with your attorney cannot be discussed
with anyone else. Aside from a few exceptions
and unless you consent to release legal information
pertaining to your case, she or he is required,
by law, to keep all of your information confidential.
