Rights and Responsibilities

Who's at fault?

If you are given a citation for causing the accident, you are deemed the "at fault" driver.

The “at fault” driver’s insurance company is responsible for paying for your vehicle to be fixed, or paying you the value of the vehicle if it is deemed a total loss. (If the cost to fix your vehicle is equal to or greater than the present value of your vehicle then it will be considered a total loss.)

Moving quickly matters.

Remember, even if you were not at fault in this accident, it is also your responsibility to work as quickly as possible to have repairs done to your vehicle. Don’t worry about using your insurance company if necessary- they will get reimbursed from the at fault insurance company for the cost of repairs.

  • You may be entitled to a monetary settlement from the at fault driver’s insurance company if you suffered injuries in the accident.
  • If you are injured in a motor vehicle accident, do not wait to seek medical treatment – see a medical doctor immediately!
  • The “at fault” driver’s insurance company will not automatically pay your medical bills for injuries you sustained in the accident.
  • You can use your Group Health Insurance to cover medical treatment from a motor vehicle accident.
  • You can also use medical payments coverage (Med Pay or PIP) from your own automobile insurance policy to pay your medical bills from a motor vehicle accident.
  • If the at fault party has no insurance, you may be able to get a monetary recovery for your property damage and/or injuries if you have uninsured motorist (UM) coverage on your auto insurance policy.
  • Personal Injury settlements generally occur after the client is finished treating, but there can be some exceptions.

Frequently Asked Questions For Auto Accidents

Q: Do I need to go the the Emergency room?

A: Only go to the Emergency Room after a motor vehicle accident (MVA) if you are SERIOUSLY injured.  Hospitals will sometimes run up very large bills if you have been in an MVA.  The insurance companies when paying a settlement will not consider large emergency room bills if the tests done at the hospital are negative.

Q: Do I need to go to a Doctor right away?

A: If you are injured from a  Motor Vehicle Accident, get medical treatment sooner rather than later.  Go to the Emergency Room if you are seriously injured.  If you are injured and need medical treatment but not necessarily in an emergency room – go to a medical doctor as soon as possible. Gaps in medical treatment after a  Motor Vehicle Accident are very bad for your case.

Q: What if I do not have the money or insurance to go see a doctor for my injuries?

A: If you do not have the means to see a doctor, and you are injured from a Motor Vehicle Accident contact the Law Office of Perry Ellis right away, and we will get you to a good medical doctor to treat your injuries.

Q: What insurance should I use for medical treatment?

A: If you have Group Health Insurance or Medical Payments coverage on your auto insurance policy, use your insurance to get medical treatment after a Motor Vehicle Accident.

Q: Can I use my group health insurance in the ER?

A: If you do go to the Emergency Room as a result of a Motor Vehicle Accident, and you have group health insurance, make sure to give it to the billing department at the hospital.

Q: What should I say to if I speak to the other drivers insurance company?

A: If you talk with the at fault driver's insurance company before hiring an attorney, and they ask you if you were injured in the accident,  even if you are only a little bit sore, say YES I was injured.  Because a lot of the time people feel progressively worse, as more time passes after the accident.

Q: Should I tell them about my specific injuries?

A: Do not give details of your injuries to the insurance company.  Be as general as possible. If you say one specific bodypart, and later on other bodyparts start to hurt also, the insurance company may be skeptical that you are even injured at all.  And that will decrease the settlement value of the entire case.

Q: Why can’t I just deal directly with the other drivers insurance company to get my medical treatment and lost income paid?

A: The at fault drivers insurance will NOT pay for your medical treatment, or pay your medical bills as they come due, or pay you for your lost income as a result of being disabled from work from the Motor Vehicle Accident.  They WILL pay a lump sum settlement after you are finished treatment, that will include money for any income lost as a result of being injured from the accident that can be legitimately verified by your employer, as well as money to cover your medical bills that resulted from being injured in the accident BUT they probably won’t pay you the amount you deserve!   The Law Firm of Perry Dean Ellis is YOUR advocate, not the insurance company.

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