Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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Here’s what to do after an Iowa Car Accident to protect your health and your right to injury compensation.

Iowa, also called the Hawkeye State, boasts nearly 115,000 miles of roadways, which is more than interstate highway miles in all 50 states.¹

More than 55 thousand motor vehicle crashes occur on Iowa roadways in a normal year, with more than 18,000 injuries and 330 fatalities.²

If you or a loved one were injured in an Iowa car accident, you could be eligible for compensation.

What to Do After an Iowa Car Accident

Take the following steps to protect yourself after an accident in Iowa and to build a strong injury claim.

1. Stay At the Scene and Exchange Information

Drivers in Iowa are required by law to stop after an accident to check for injuries. Stop and check that no one is hurt, even if the crash only caused property damage. Try not to block traffic, but stop at or near the scene of the accident.

Drivers must also provide their name, address, and the registration number of the vehicle to the other driver. Be prepared to show your driver’s license upon request.

2. Call 911 and Help the Injured

When an accident involves injuries or death, drivers are required to contact the police in the fastest way possible. Iowa drivers are also legally required to help the injured get to a medical facility.

Calling 911 to report the crash and ask for emergency medical services satisfies both requirements. Do your best to render “reasonable assistance” to the injured until the police or rescue squad arrives to take over.

When police are on the scene to investigate the accident, your reporting duties are done. If police are not dispatched, drivers have an obligation to notify the Iowa Department of Transpiration (DOT) of any accident occurring within the state causing death, personal injury, or total property damage of $1,500 or more.

3. Seek Prompt Medical Treatment

Refusing or delaying medical treatment after an accident is risky for your health and can undermine your potential injury claim.

Some potentially life-threatening injuries may not be obvious, especially when your body is still experiencing the shock and adrenaline rush from a sudden impact. Let the paramedics check you out. If they want to transport you to the hospital, go with them.

If you’re not transported to the hospital from the scene, go to the emergency department, an urgent care center, or see your primary care doctor the day of the accident.

It’s not a good idea to “wait and see” before seeking medical attention. If you wait a couple of days and finally go to the doctor when you can’t turn your head or raise your arm, the at-fault driver’s insurance company might dispute that your injuries are related to the crash.

4. Gather Evidence From the Scene

When you make an insurance claim, you must prove the other driver made a mistake or failed to act appropriately. The police crash report is important evidence of fault when the other driver was cited for traffic violations.

Other types of evidence to gather include:

• Photographs and video of the scene, vehicles involved, and road conditions
• Name and contact information from potential witnesses
• Your notes about the crash and the aftermath

5. Notify Both Insurance Companies

Your auto insurance policy is a binding contract between you and the insurer. The policy has a notification clause requiring the policyholder to notify the insurance company of any accidents. You are obligated to notify your insurer even when the accident isn’t your fault. In return, the insurance company has a duty to defend you if you are sued in connection with the accident.

Notify the at-fault party’s insurance company of your intent to file an injury claim. The company will usually acknowledge your letter by assigning a claim number. You may hear from an adjuster with a fast offer to settle, but don’t discuss settlement until you’ve recovered from your injuries.

Iowa Fault and Liability Rules

Iowa is a third-party liability state. Under Iowa’s fault law, you can seek compensation for damages from the at-fault driver and their insurance company.

You can still use your own insurance as appropriate. For instance, if you have collision coverage, you may choose to have your insurance company handle your vehicle repair claim. In turn, your insurer will go after the at-fault driver’s insurance company for reimbursement.

The state of Iowa follows a modified comparative fault rule. This rule states that you can pursue a claim against the other driver so long they are equally or more at fault than you. When you share 50 percent or less fault, your compensation will be reduced by your percentage of blame for the accident.

Iowa Car Accident Compensation

Insurance companies in Iowa payout more than $1.1 Billion in auto accident claims each year. Most personal injury claims settle out of court, even when a lawsuit is filed.

You can estimate the settlement value of a minor to moderate injury claim by totaling your economic damages, like medical bills, lost wages, and out-of-pocket expenses, then adding a multiple of that amount (multiply by 1-3) to account for your non-economic damages, like pain and emotional distress.

The multiple depends on the severity of your injuries. A claims adjuster won’t pay as much for non-economic damages if you only suffered minor bumps and bruises.

Severe injury and wrongful death claims should only be handled by an experienced attorney to ensure the victim and their loved ones get maximum compensation.

Average Car Accident Settlements in Iowa

The average car accident injury settlement in Iowa is $36,500, with most payouts ranging between $6,100 and $215,000. Settlements and court awards can range from $1,500 for minor injuries up to $1,500,000 or more for catastrophic brain or spinal cord injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Linn County, Neuleib v. Miller, IACV041579, a jury awarded $2,907 to the victim for soft-tissue neck and back injuries. The at-fault driver admitted rear-ending the victim’s car, but denied causing the victim’s injuries.
2. Similarly, in Dubuque County, Eilers v. Polfer, IACV053805, the judge awarded $92,250 to a woman for aggravation of a pre-existing lower back condition. The driver primarily at fault for the rear-end crash admitted liability but denied the other charges.

Use our free Iowa Personal Injury Calculator to estimate the value of a moderate claim.

Factors that impact car accident compensation include:

• Type and severity of injuries
• Shared fault
• Multiple-vehicle collisions
• Number of injured victims
• Fatalities
• Available insurance coverage

When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages.

Iowa State Minimum Insurance Requirements

Iowa drivers are required by law to carry an auto insurance policy with a minimum bodily injury liability limits of $20,000 per person and $40,000 per accident, and $15,000 for property damage.

Optional Insurance Coverage in Iowa

Insurance companies selling auto policies in Iowa are required by law to offer optional uninsured (UM) and underinsured (UIM) motorist coverage. The policyholder has the right to decline the optional coverage.

If you choose to purchase UM and UIM coverages, you can turn to your own insurance for compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no valid insurance.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

Read More

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Here’s what to do after a car accident in Hawaii to protect your health and your right to injury compensation.

Hawaii has more than 2,433 miles of paved freeways, highways, and roadways on six major islands.¹ More than 400 people suffer serious injuries each year in Hawaii motor vehicle accidents, with more than 100 fatalities.²

If you or a loved one were injured in a Hawaii traffic accident, you may be able to file a claim or lawsuit. Here we discuss what to do after an accident, how to determine fault, and pursuing compensation for injuries.

What to Do After a Hawaii Car Accident

Protect yourself and start building a strong injury claim by taking these steps after a car accident in Hawaii.

1. Stay At the Scene and Exchange Information

Hawaii accident laws require drivers to stop after any accident involving injuries, death, or property damage. Try not to block traffic, and remain on the scene.

Drivers must exchange their name, address, and vehicle registration information. Upon request, drivers must share their driver’s license and insurance information with the other driver or anyone injured in the accident.

2. Call 911 and Help the Injured

Hawaii requires drivers to notify the police of an accident “by the quickest means of communication” when the accident involves injury, death, or property damage over $3,000.

You, or one of your passengers, can use a cell phone to call 911. Tell the dispatcher if anyone is injured, asking for medical help, or if there are hazards at the accident scene. Hazards can include anything from heavy traffic, to leaking fuel or downed power lines.

Try to give the dispatcher a specific location, including street names, mile markers, or landmarks to help emergency services get to you faster.

3. Seek Prompt Medical Treatment

Always have a thorough medical evaluation after a motor vehicle accident. Don’t assume that you’re just “shaken up.” The rush of adrenaline that follows a sudden and violent impact can mask symptoms of serious injuries, like brain trauma and internal injuries.

Never refuse or delay medical attention at the scene. Let the paramedics assess your condition. This is not the time to be stoic. If the medics want to take you to the hospital, let them transport you.

If you aren’t taken directly to a hospital from the scene, arrange to see your primary care provider, or go to the hospital emergency department or urgent care center as soon as possible.

Delaying medical attention gives the insurance company an excuse to deny your claim by asserting that your injuries are not from the accident.

4. Gather Evidence From the Scene

Any claims you make against the at-fault driver’s insurance policy must include evidence of fault. When police arrive at the scene, the officer will conduct a full investigation. The police crash report is important evidence of fault, especially when the other driver was ticketed for traffic violations.

Don’t risk your safety or aggravate injuries in order to gather additional evidence at the scene. Any evidence that can be gathered without risk of harm can be helpful.

Other types of evidence to support your claim:

• Photographs and video of the vehicles, the scene, and car damage
• Witness names and contact information
• Your notes and descriptions of the crash, passengers in other cars, and sequence of events

5. Notify Both Insurance Companies

Every auto policy has a notice and cooperation clause that requires drivers to notify their insurance company of an accident, even when the insured driver did not cause the accident. In Hawaii, injury claims must first be submitted to your own insurance company for payment from your Personal Injury Protection (PIP) coverage, no matter who caused the accident.

Notify the at-fault party’s insurance company of your intent to file an injury or property damage claim. Send your notice as soon as possible after the crash. You don’t have to be ready to discuss settlement. The company will usually acknowledge your notification by assigning a claim number.

Hawaii Fault and Liability Rules

Hawaii is a no-fault state, meaning accident victims must first file a claim with their own Personal Injury Protection (PIP) coverage.

A legal exception is made for injuries serious enough to cross the no-fault threshold.

Injuries that cross the serious injury threshold include:

• Fatal injuries
• Disfigurement resulting in emotional distress
• A significant permanent loss of use of a part or function of the body
• Injuries with medical costs using $5,000 or more in PIP benefits

Hawaii is a modified comparative negligence state. You can file a serious injury claim against the other driver’s insurance company so long as you are equally or less to blame for the crash. However, your compensation will be reduced in proportion to your percentage of fault.

Hawaii Car Accident Compensation

Compensation for a car accident in Hawaii may come from your own auto policy, the at-fault driver’s insurance company, or a combination of both.

Under Hawaii’s insurance laws, auto policies must include $10,000 in Personal Injury Protection (PIP) coverage to pay for injuries to the policyholder and their passengers, no matter who caused the accident.

PIP coverage does not pay for non-economic damages like pain and suffering.

Serious injury claims that exceed the no-fault threshold can be made against the at-fault party’s liability insurance. Claims against the at-fault driver’s policy can seek compensation for all your damages, including pain and suffering.

Serious injury and wrongful death claims should be handled by an experienced attorney to ensure the victim and their loved ones get maximum compensation.

Average Car Accident Settlements in Hawaii

The average injury settlement for a moderate car accident claim in Hawaii is $30,224, with average payouts ranging from $6,941 to $345,100.

Settlements and court awards can range from $595 for minor soft-tissue injuries up to $900,000 for injuries that left the victim totally disabled.

You can use our free Hawaii Personal Injury Claim Calculator to estimate your payout.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.

Compare these two rear-end accident cases with low and high payouts:

1. In Hawaii County, Kramer v. Ellett, 24890, a jury awarded $595 in economic damages to the victim for soft-tissue neck and back injuries. The plaintiff had prior accidents with similar injuries. The at-fault driver admitted rear-ending the victim’s car, but denied causing the victim’s injuries.
2. Also in Hawaii County, Kienker v. Bauer, SCWC–25856, the jury awarded $374,000 for injuries suffered from being rear-ended by a tractor-trailer. The defendants admitted liability but asserted that the plaintiff was exaggerating her injuries.

Factors that impact car accident compensation include:

• No-fault restrictions
• Liability coverage limits
• Scope and severity of injuries
• Shared fault
• Multiple-vehicle collisions
• Number of injured victims
• Fatalities
• Non-economic damages caps

Even when your injuries cross the no-fault threshold, the at-fault driver may not have enough insurance to cover your injuries, or there may be other victims competing for the same pool of funds.

In most types of personal injury cases. Hawaii law limits pain and suffering compensation to $375,000.

Hawaii State Minimum Insurance Requirements

Hawaii mandates all drivers to carry insurance no less than $20,000 per person/$40,000 per accident bodily injury liability and a $10,000 property damage liability.

Optional Insurance Coverage in Hawaii

Insurance companies selling auto policies in Hawaii are required by law to offer optional uninsured (UM) and underinsured (UIM) motorist coverage equal to their liability limits. The policyholder has the right to decline the optional coverage.

If you elected to purchase UM and UIM coverages, you can seek compensation from your own policy after an accident caused by an underinsured driver, a hit-and-run, or a driver with no valid insurance.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

Read More

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Here’s what to do after an Arkansas car accident to protect your health and your right to injury compensation.

Travel across Arkansas highways, roads, and streets totaled 37 billion vehicle miles in one recent year.¹ There are more than 82,000 crashes on Arkansas roadways annually, resulting in more than 20,000 injuries and 600 fatalities.²

If you or a loved one were injured in an Arkansas car accident, you could be eligible for compensation.

What to Do After an Arkansas Car Accident

Here are steps you can take to protect yourself after an accident in Arkansas and to build a strong injury claim.

1. Stay At the Scene and Exchange Information

Arkansas car accident law states that any driver involved in an accident resulting in injury or death must immediately stop and remain at the scene. Drivers must give their name, address, and the registration number of the vehicle they are driving to the other driver.

Upon request, the driver must exhibit their driver’s license to the person struck, or the driver or occupant of any vehicle they collided with.

2. Call 911 and Help the Injured

Drivers at the scene of an accident must give reasonable assistance to anyone injured, including making arrangements to transfer the injured person for medical treatment. Calling 911 to report the accident and ask for an ambulance satisfies the obligation to arrange transportation to a medical facility.

If you are able, try to help the injured until emergency responders arrive.

3. Seek Prompt Medical Treatment

Never refuse medical attention at the scene of an accident or “wait and see” how you feel the next day before seeking a medical evaluation.

Experiencing the violent impact of a traffic accident can trigger a rush of adrenaline in the body, masking symptoms of potentially serious injuries. Let the paramedics check you out. If they want to transport you to the hospital, go with them.

Refusing or delaying medical treatment after an accident is not only dangerous, it gives the at-fault driver’s insurance company an excuse to challenge your injury claim.

If you’re not transported to the hospital from the scene, go to the emergency department, an urgent care center, or see your primary care provider the day of the accident. Tell your caregivers exactly when and how you were injured. Be sure to discuss every injury, not just the most painful one.

4. Gather Evidence From the Scene

When you make an insurance claim, the burden is on you to prove the other driver made a mistake or failed to drive appropriately. The police crash report is important evidence of fault when the other driver is cited for traffic violations.

Other types of evidence to gather include:

• Photographs and video of the scene, vehicles involved, and road conditions
• Name and contact information from potential witnesses
• Your personal notes about how the crash happened and the aftermath

5. Notify Both Insurance Companies

Your auto insurance policy is a binding contract between you and the insurer. Every auto policy has a notification clause requiring the policyholder (you) to notify the insurance company of any accidents.

You are contractually obligated to notify your insurer even when the accident isn’t your fault. In return, the insurance company has a duty to defend you if you are sued by anyone who may have been injured in the accident.

Notify the at-fault party’s insurance company of your intent to file an injury claim. The company will usually respond to your letter by assigning a claim number. You may be contacted by an adjuster with a quick settlement offer. Decline to discuss settlement until you’ve recovered from your injuries, or you probably won’t get a fair payout.

Arkansas Fault and Liability Rules

Arkansas is an “at-fault” liability state, so you can seek compensation for car accident damages from the at-fault driver and their insurance company.

You can still use your own insurance, but you are not required to turn to your own insurance company after a car accident. If you have collision coverage, you may choose to have your insurance company handle your vehicle repair claim. In turn, your insurer will pursue reimbursement from the at-fault driver’s insurance company.

Arkansas Shared Fault Rules

Arkansas follows a modified comparative fault rule. Also called a 50 percent rule, you can pursue a claim against the other driver so long they are more at fault than you. When you share less than 50 percent of the fault you can still file a claim, but your compensation will be reduced by your percentage of blame for the accident.

Arkansas Car Accident Compensation

Insurance companies in Arkansas payout more than $1.2 Billion in auto accident claims each year. Car accident lawsuits usually settle out of court, even when a lawsuit had been filed against the at-fault party.

You can estimate the value of a minor to moderate injury claim by totaling your economic damages, like medical bills, lost income, and related out-of-pocket expenses, then adding one to three times that amount to account for your non-economic damages, like pain and suffering.

A multiple of one is reasonable for minor soft-tissue injuries. A higher multiple is reasonable for more extensive injuries. Serious injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.

Use our free Arkansas Injury Settlement Calculator to estimate your claim value.

Average Car Accident Settlements in Arkansas

The average injury settlement for a moderate car accident claim in Arkansas is $39,090, with average payouts ranging from $6,720 to $827,000. Settlements and court awards can range from $2,000 for minor injuries up to $3,000,000 or more for catastrophic spinal cord injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Washington County, Rutherford v. Mid-Delta Community Service, G165267, a jury awarded $2,000 to the victim for soft-tissue neck and back injuries. The at-fault driver said she slow-rolled into the victim’s car, and denied causing the victim’s injuries.
2. In Pulaski County, Hardy v. Osinowo, 3:10-cv-00204-JMM, the case settled for $300,000 before trial. The victim suffered significant disc injuries with loss of future income. The driver primarily at fault for the crash denied liability for the plaintiff’s injuries.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Available insurance coverage may be available from the at-fault driver, and from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.

Arkansas State Minimum Insurance Requirements

Arkansas drivers are required by law to carry an auto insurance policy with a minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.

Optional Insurance Coverage in Arkansas

If you choose to purchase UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no active insurance.

Insurance companies selling auto policies in Arkansas are required to offer optional uninsured (UM) and underinsured (UIM) motorist coverage. The policyholder has the right to decline the optional coverage.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

Read More

Email

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Here’s what to do after a Utah car accident to protect your health and your right to injury compensation.

More than 50 people a day are injured or killed in Utah motor vehicle accidents.¹

If you or a loved one were injured in a Utah car accident, you could be eligible for compensation. Read about what to do after a crash, how to determine fault, and how to get fair compensation for your injuries.

What to Do After a Utah Car Accident

Here are five steps to protect yourself after an accident and build a strong injury claim.

1. Stay At the Scene and Exchange Information

Utah car accident law states that any driver involved in a crash resulting in an injury or death must immediately stop and remain at the scene. Drivers must give their name, address, and the registration number of the vehicle they are driving to the other driver and any police officer investigating the crash. The driver must also show their driver’s license if requested.

2. Call 911 and Help the Injured

Drivers at the scene of an accident must notify police by the quickest method possible and give reasonable assistance to anyone injured, including arranging to transfer the injured person for medical treatment. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.

If you are able, try to help the injured until emergency responders arrive.

3. Seek Prompt Medical Treatment

The sudden, violent impact of a traffic accident can trigger a rush of adrenaline in the body, masking symptoms of potentially serious injuries. You may be stunned by the crash and not even realize you’ve been injured.

If you have children in the vehicle, your first concern will be their welfare. However, you must take care of yourself as well. Don’t just say you’re “fine” and wave off the medics. Never refuse medical attention at the scene. If the paramedics want to transport you to the hospital, go with them.

Refusing or delaying medical treatment after an accident is not only dangerous, it gives the at-fault driver’s insurance company an excuse to challenge or deny your injury claim.

If you’re not transported to the hospital from the scene, go to an urgent care center or see your primary care doctor on the day of the accident. Tell the medical provider exactly when and how you were injured. Be sure to discuss every symptom and injury, not just the most obvious ones.

4. Gather Evidence From the Scene

When you make an insurance claim with the at-fault driver’s insurance company, you must prove the other driver made a mistake or failed to drive appropriately. The police crash report is important evidence of fault when the other driver is cited for traffic violations.

Other types of evidence to gather include:

• Photographs and video of the scene, vehicles involved, and road conditions
• Contact information from potential witnesses
• Your personal notes about how the crash occurred and the aftermath

5. Notify Both Insurance Companies

Utah is a traditional fault state, so you’re not required to use your own insurance to pay for your injuries. However, you’re still obligated to notify your insurance company after a motor vehicle accident, even if the accident wasn’t your fault.

Your auto insurance policy is a binding contract between you and the insurer. Every auto policy has a notification clause requiring the policyholder (you) to notify the insurance company of any accidents.

Your insurer has a “duty to defend” you against claims or lawsuits filed by anyone else who may have been injured in the accident. You could lose that protection by failing to notify your insurer and not cooperating with their investigation into the accident.

Notify the at-fault party’s insurance company of your intent to file an injury claim. The company will usually respond by assigning a claim number. You may be contacted by an adjuster with a quick settlement offer. It’s not in your best interest to discuss a settlement while still in treatment for your injuries. Just tell the adjuster you’ll let them know when you’re ready.

Utah Fault and Liability Rules

Utah is an “at-fault” liability state, so you can seek compensation for car accident damages from the at-fault driver and their insurance company.

You can still use your own insurance if you have applicable coverage, but you are not required to rely on your insurance after a car accident. For example, if you have collision coverage, you may decide to have your own insurance company handle your vehicle repair claim. In turn, your insurer will pursue reimbursement from the at-fault driver’s insurance company.

Utah Shared Fault Rules

Utah follows a modified comparative fault rule. Also called a 50 percent rule, you can pursue a claim against the other driver so long you are not equally or more at fault. When you have less than 50 percent of the fault you can still file a claim, but your compensation will be reduced by your percentage of blame for the accident.

Utah Car Accident Compensation

Insurance companies in Utah payout more than $1.4 Billion in auto accident claims each year.

Car accident lawsuits usually settle out of court, even when a lawsuit had been filed against the at-fault party.

You can estimate the value of a minor to moderate injury claim by totaling your economic damages, like medical bills, lost wages, and related out-of-pocket expenses, then adding one to three times that amount to account for your non-economic damages, like pain and suffering. A multiple of one is reasonable for minor soft-tissue injuries. A higher multiple is reasonable for more extensive injuries.

Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.

Average Car Accident Settlements in Utah

The average injury settlement for a moderate car accident claim in Utah is $33,308, with average payouts ranging from $6,772 to $403,000. Settlements and court awards can range from $1,800 for minor injuries up to $2,000,000 or more for catastrophic injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Utah County, Cheryl v. Barry, 400097, a jury awarded $1,852 to the victim for neck injuries. The at-fault driver admitted rear-ending the victim at a low speed but denied causing the victim’s injuries.
2. In Salt Lake, Ashley v. Parish, 960700063, a jury awarded $325,000. The victim claimed neck injuries and permanent tremors of the hands and head. The at-fault driver admitted rear-ending the victims at 45 mph but argued that the plaintiff was exaggerating his injuries.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Available insurance coverage may be available from the at-fault driver, and from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.

Utah State Minimum Insurance Requirements

Utah drivers are required by law to carry an auto insurance policy with a minimum bodily injury liability limits of $25,000 per person and $65,000 per accident, and $25,000 for property damage.

Optional Insurance Coverage in Utah

Insurance companies selling auto policies in Utah are required to offer optional uninsured (UM) and underinsured (UIM) motorist coverage equal to the policy liability limits. The policyholder has the right to decline the optional coverage.

If you choose to purchase UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no active insurance.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

Read More

Email

Print

Here’s what to do after a Mississippi car accident to protect your health and your right to injury compensation.

More than 40 people are injured or killed each week in Mississippi motor vehicle accidents.¹

If you or a loved one were injured in a Mississippi car accident, you could be eligible for financial compensation. Read about what to do after a crash, how to determine fault, and how to get fair compensation for your injuries.

What to Do After a Mississippi Car Accident

Here are five steps to protect yourself after an accident and build a strong injury claim.

1. Stay At the Scene and Exchange Information

Mississippi car accident law states that any driver involved in a crash resulting in an injury or death must immediately stop and remain at the scene. Drivers must provide their name, address, and the registration number of the vehicle they are driving. The driver must also show their driver’s license if requested.

2. Call 911 and Help the Injured

Drivers at the scene of an accident must notify police by the quickest method possible and give reasonable assistance to anyone injured, including arranging to transfer the injured person for medical treatment. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.

If you are able, try to help the injured until emergency responders arrive.

3. Seek Prompt Medical Treatment

The abrupt impact and noise of a traffic accident can trigger a rush of adrenaline in the body, masking symptoms of potentially serious injuries. Never refuse medical attention at the scene. You may not even realize you’ve been injured.

Let the paramedics evaluate you for injuries. This is not the time to be stoic, so be honest about any pain, discomfort, or other symptoms like nausea or dizziness. If the paramedics want to transport you to the hospital, go with them.

Refusing or delaying medical treatment after an accident not only jeopardizes your health, it gives the at-fault driver’s insurance company an excuse to challenge or deny your injury claim.

If you’re not transported to the hospital from the scene, go to an urgent care center or emergency room, or see your primary care provider the same day as the accident. Tell the medical provider exactly when and how you were injured. Be sure to discuss every symptom and injury, not just the most obvious ones.

4. Gather Evidence From the Scene

When you make an injury claim with the at-fault driver’s insurance company, the burden is on you to prove the other driver caused the accident. The police crash report is important evidence of fault, especially when the other driver is ticketed for traffic violations.

Other types of evidence to gather include:

• Photographs and video of the scene, vehicles involved, and road conditions
• Contact information from potential witnesses
• Your personal notes about how the accident happened and what happened after the crash

5. Notify Both Insurance Companies

Mississippi is a traditional fault state, so you’re not required to use your own insurance to pay for your injuries, as you would in a no-fault state. However, every auto policy has a notification clause requiring the policyholder (you) to notify their insurance company of any accidents.

You must notify your insurance company after a motor vehicle accident, even if the accident wasn’t your fault. Because an auto insurance policy is a binding contract between you and the insurer, the obligation goes both ways.

Your insurance company has a “duty to defend” you against claims or lawsuits filed by anyone else who may have been injured in the accident. You could lose that protection by failing to promptly notify your insurer and not cooperating with their investigation into the accident.

If you’ve decided to handle your own injury claim, you’ll need to notify the at-fault party’s insurance company of your intent to file an injury claim. The company will usually respond by assigning a claim number. You may be contacted by an adjuster with a quick settlement offer. It’s not in your best interest to discuss a settlement while still in treatment for your injuries.

Mississippi Fault and Liability Rules

Mississippi is an “at-fault” liability state, so you can seek compensation for car accident damages from the at-fault driver and their insurance company.

You can still use your own insurance if you have relevant coverage, but you are not required to rely on your insurance after a car accident. For example, if you have collision coverage, you may find it easier to have your own insurance company handle your vehicle repair claim. Your insurer will then seek reimbursement from the at-fault driver’s insurance company.

Mississippi Shared Fault Rules

Mississippi follows a pure comparative fault rule, meaning you can pursue a claim against the other driver even when you’re also at fault, so long as you aren’t the only driver at fault. Your compensation will be reduced by your percentage of blame for the accident.

Mississippi Car Accident Compensation

Insurance companies in Mississippi payout more than $1.2 Billion in auto accident claims each year.

Car accident lawsuits usually settle out of court, even when a lawsuit had been filed against the at-fault parties.

You can estimate the value of a minor to moderate injury claim by totaling your economic damages, like medical bills, lost income, and out-of-pocket expenses, then adding one to three times that amount to account for your non-economic damages, like pain and suffering. A multiple of one is reasonable for minor soft-tissue injuries. A higher multiple is reasonable for the pain and suffering arising from more extensive injuries.

Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.

Average Car Accident Settlements in Mississippi

The average injury settlement for a moderate car accident claim in Mississippi is $39,164, with average payouts ranging from $7,428 to more than $1,00,000. Settlements and court awards can range from $1,500 for minor injuries up to $4,000,000 or more for catastrophic injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Madison County, Winstead v. Keppler, 3:11-CV-00475-DPJ-FKB, a jury awarded $1,500 to the victim for neck and back injuries. The at-fault driver admitted rear-ending the victim, but argued the victim had pre-existing back and neck problems from a prior accident and obesity.
2. Also in Madison County, Alan v. Joseph, 5:97-CV-34BRS, a jury awarded $150,000. The victim claimed neck and back injuries that ended his ability to resume his karate activities. The at-fault driver argued that the plaintiff was exaggerating his injuries.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

When you and others are seriously injured, there may not be enough insurance money to cover everyone’s damages. Available insurance coverage may be available from the at-fault driver, the at-fault driver’s employer (if they were driving for business purposes), or from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.

Mississippi State Minimum Insurance Requirements

Mississippi drivers are required by law to carry an auto insurance policy with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.

Optional Insurance Coverage in Mississippi

Insurance companies selling auto policies in Mississippi are required to offer optional uninsured motorist coverage equal to the policy liability limits. The policyholder has the right to decline the optional coverage by signing a waiver form.

If you have uninsured motorist coverage, you can turn to your own insurance company for compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no active insurance.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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Here’s what to do after a Nevada car accident to protect your health and your right to injury compensation.

More than 46 people a day in the Las Vegas metro area alone are injured or killed on Nevada roads.¹

If you or a loved one were injured in a Nevada car accident, you could be eligible for compensation. Read about what to do after a crash, how to determine fault, and how to get fair compensation for your injuries.

What to Do After a Nevada Car Accident

Here are five steps to protect yourself after an accident and build a strong injury claim.

1. Stay At the Scene and Exchange Information

Nevada car accident law states that any driver involved in a crash resulting in an injury or death must immediately stop and remain at the scene. If the vehicle is blocking traffic and can be safely moved, it’s okay to move it to a safe location that doesn’t create a hazard.

Drivers must give their name, address, and the registration number of the vehicle they are driving to the other driver and any police officers investigating the crash. The driver must also show their driver’s license if requested.

2. Call 911 and Help the Injured

Drivers at the scene of an accident must notify police by the quickest method possible and give reasonable assistance to anyone injured, including arranging to transfer the injured person for medical treatment. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.

If you are able, try to help the injured until emergency responders arrive.

3. Seek Prompt Medical Treatment

The impact of a traffic accident can trigger a rush of adrenaline in the body, masking symptoms of potentially serious injuries. You may be dazed by the crash and not even realize you’re seriously hurt.

If you have passengers in the vehicle, your first concern will be their welfare. However, you must protect yourself as well. Don’t say you’re “okay” and wave off emergency responders. Never refuse medical attention at the scene. If the paramedics want to take you to the hospital, let them take you.

Refusing or delaying medical treatment after an accident is not only risky for your health, it gives the at-fault driver’s insurance company an excuse to challenge or deny your injury claim.

If you’re not taken directly to the hospital from the accident scene, go to an urgent care center or see your primary care provider on the day of the accident. Tell each medical provider who examines you exactly when and how you were injured. It’s important to discuss every symptom and injury, not just the most serious ones.

4. Gather Evidence From the Scene

When you make an insurance claim with the at-fault driver’s insurance company, the burden is on you to prove the other driver made a mistake or failed to drive appropriately. The police crash report is important evidence of fault, especially when the other driver is ticketed for traffic violations.

Other types of evidence to gather include:

• Photographs and video of the scene, vehicles involved, and road conditions
• Contact information from witnesses
• Your notes about the crash and what you saw and heard after the collision

5. Notify Both Insurance Companies

Nevada is a traditional fault or “tort” state, so you’re not required to use your own insurance to pay for your injuries. However, you’re still obligated to notify your insurance company after a motor vehicle accident, even if the accident wasn’t your fault.

Your auto insurance policy is a binding contract between you and the insurance company. Every auto policy has a notification clause requiring the policyholder (you) to notify the insurance company of any accidents.

Your insurer has contractual obligations, too. Your insurer has a “duty to defend” you against claims or lawsuits filed by anyone else who may have been injured in the accident. You could lose that protection by failing to promptly notify your insurer of the accident, or by not cooperating with the insurer’s investigation into the accident.

Notify the at-fault party’s insurance company of your intent to file an injury claim. The company will usually respond by assigning a claim number. You may get a call from an adjuster with a quick settlement offer. It’s not in your best interest to discuss a settlement while still in treatment for your injuries. You might need longer to heal, or you may develop complications. Just tell the adjuster you’ll let them know when you’re ready.

Nevada Fault and Liability Rules

Nevada is an “at-fault” liability state, so you can seek compensation for car accident damages from the at-fault driver and their insurance company.

You can still use your own insurance if you have relevant optional coverage, but you are not required to rely on your insurance after a car accident. For example, if you have collision coverage, you might find it easier to have your own insurance company handle your vehicle repair claim. In turn, your insurer will pursue reimbursement from the at-fault driver’s insurance company.

Nevada Shared Fault Rules

Nevada follows a modified comparative fault rule, which means you can pursue a claim against the other driver so long you are not more at fault than the other party. When you are equally or less to blame you can still file a claim, but your compensation will be reduced by your percentage of fault for the accident.

Nevada Car Accident Compensation

Insurance companies in Nevada pay out almost $1.8 Billion in auto accident claims each year.

Car accident lawsuits usually settle out of court, even when a lawsuit had been filed against the at-fault party.

You can estimate the value of a minor to moderate injury claim by adding up your economic damages, like medical bills, lost wages, and related out-of-pocket expenses, then adding one to three times that amount to account for your non-economic damages, like pain and suffering. A multiple of one is reasonable for minor soft-tissue injuries. A higher multiple is reasonable for more extensive injuries.

Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.

Average Car Accident Settlements in Nevada

The average injury settlement for a moderate car accident claim in Nevada is $31,206, with average payouts ranging from $6,845 to $856,109. Settlements and court awards can range from $1,500 for minor injuries up to $2,000,000 or more for catastrophic injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Clark County, Eriksen v. Girot, A572862, a jury awarded $7,428 to the victim for neck injuries. The at-fault driver admitted rear-ending the victim but denied causing the victim’s injuries.
2. Also in Clark County, Messer v. Escamilla-Estrada, A467965, a jury awarded $1,728,801. The victim claimed neck and back injuries that required surgical implantation of a pain management device. The at-fault driver admitted liability but asserted that the plaintiff shared fault.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Wrongful death
• Available insurance coverage

When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Insurance coverage may be available from the at-fault driver, and from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.

Nevada State Minimum Insurance Requirements

Nevada drivers are required by law to carry an auto insurance policy with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $20,000 for property damage.

Optional Insurance Coverage in Nevada

Insurance companies selling auto policies in Nevada are required to offer optional uninsured (UM) and underinsured (UIM) motorist coverage equal to the policy liability limits. The policyholder has the right to decline the optional coverage.

If you choose to purchase UM and UIM coverages, you can turn to your own insurance company for injury compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no active insurance.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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Here’s what to do after a Kansas car accident to protect your health and your right to injury compensation.

More than 30 people are injured or killed each week in Kansas motor vehicle accidents.¹

If you or a loved one were injured in a Kansas car accident, you could be eligible for compensation. Read about what to do after a crash, how to determine fault, and how to get fair compensation for your injuries.

What to Do After a Kansas Car Accident

Here are five steps to protect yourself after an accident and build a strong injury claim.

1. Stay At the Scene and Exchange Information

Kansas car accident law states that any driver involved in a crash resulting in injury or death must immediately stop and remain at the scene. Drivers must provide their name, address, and insurance information to anyone else involved in the accident and any police officer investigating the crash. The driver must also show their driver’s license if requested.

2. Call 911 and Help the Injured

Drivers at the scene of an accident must notify police by the quickest method possible and give reasonable assistance to anyone injured or asking for help, including making arrangements for the injured person to get to a hospital. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.

If you are able, try to help the injured until emergency responders arrive.

3. Seek Prompt Medical Treatment

The noise and impact of a motor vehicle accident can trigger a rush of adrenaline in the body, masking symptoms of potentially serious injuries. You may be stunned by the crash and not even realize you’ve been injured.

If you have family members in the vehicle, your first concern will be their welfare. Taking care of yourself is equally important. Don’t wave off the medics and tell everyone you’re okay. Never refuse medical attention at the scene. If the paramedics want to take you to the hospital, go with them.

Refusing or delaying medical treatment after a car accident is not only dangerous, it gives the at-fault driver’s insurance company an excuse to deny fault for your injury.

If you’re not taken directly to the hospital from the scene, go to an urgent care center or see your primary care doctor on the day of the accident. Tell the medical provider exactly when and how you were injured. Discuss every symptom and injury, not just the most obvious or painful ones.

4. Gather Evidence From the Scene

When you make a claim with the at-fault driver’s insurer, the burden is on you to prove the other driver was negligent. The police crash report is important evidence of fault when the other driver is cited for traffic violations.

Other types of evidence to gather include:

• Photographs and video from the accident scene
• Names and contact information from potential witnesses
• Your personal notes about how the crash and the aftermath

5. Notify Both Insurance Companies

Kansas is a traditional fault state, so you’re not required to use your own insurance to pay for your injuries. However, you’re still obligated to notify your insurance company after an accident, even if the accident wasn’t your fault.

Your auto insurance policy is a legal contract between you and your insurance company. Every auto policy has a clause requiring the policyholder (you) to notify the company of any accidents.

Your insurer has a “duty to defend” you against claims or lawsuits filed by anyone else who may have been involved in the accident. You could forfeit that protection by failing to notify your insurer or not cooperating with their investigation.

Notify the at-fault party’s insurance company of your intent to file an injury claim. Expect to get an acknowledgment letter with a claim number that you’ll need for future communications.

You may hear from an adjuster with a quick settlement offer. It’s usually not in your best interest to discuss a settlement while still in treatment for your injuries. It’s okay to tell the adjuster you’ll get back to them when you’re ready.

Kansas Fault and Liability Rules

Kansas is an “at-fault” liability state, so you can seek compensation for accident damages from the at-fault driver and their insurance company.

You can choose to use your own insurance if you have applicable coverage, but you are not required to rely on your insurance after a car accident. For example, if you have collision coverage, you can have your own insurance company handle your vehicle repair claim. Afterwards, your insurer will pursue reimbursement from the at-fault driver’s insurance company, including reimbursement for your deductible.

Kansas Shared Fault Rules

Kansas follows a modified comparative fault rule. Also called a 50 percent rule, you can pursue a claim against the other driver so long as the other party is more to blame than you. When you have less than 50 percent of the fault you can still file a claim, but your compensation will be reduced by your percentage of blame for the accident.

Kansas Car Accident Compensation

Insurance companies in Kansas payout more than $1.2 Billion in auto accident claims each year.

Car accident lawsuits usually settle out of court, even when a lawsuit had been filed against the at-fault party.

You can estimate the value of a minor to moderate injury claim by totaling your “special” or economic damages, like medical bills, lost wages, and related out-of-pocket expenses, then adding one to three times that amount to account for your non-economic damages, like pain and suffering. A multiple of one is reasonable for minor soft-tissue injuries. A higher multiple is reasonable for more extensive injuries.

Use our free Kansas Personal Injury Calculator to estimate the value of a minor to moderate claim.

Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.

Average Car Accident Settlements in Kansas

The average injury settlement for a moderate car accident claim in Kansas is $28,419, with average payouts ranging from $6,719 to $1,092,112. Settlements and court awards can range from $1,114 for minor injuries up to $8,000,000 or more for life-altering brain injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the available insurance coverage.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Johnson County, Fisher v. Craven,03CV04782, a jury awarded $1,114 to the victim for soft-tissue neck injuries. The at-fault driver disputed fault for causing the low-speed crash.
2. In Sedgwick County, O’Shea v. Welch, 2:01-cv-02336-JWL-JPO, a jury awarded $491,000 to the victim who suffered cervical disc herniations. The at-fault driver was intoxicated and driving a company vehicle. Defendants disputed causing the victim’s injuries.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Wrongful death
• Available insurance coverage

When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Available insurance coverage may be available from the at-fault driver, and from your own uninsured or underinsured motorist coverage, depending on the circumstances of the crash.

Kansas State Minimum Insurance Requirements

Kansas drivers are required by law to carry an auto insurance policy with a minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.

Uninsured Insurance Coverage in Kansas

Insurance companies selling auto policies in Kansas are required to include uninsured (UM) and underinsured (UIM) motorist coverage equal to the mandatory minimum liability limits. The policyholder has the right to decline excess UM and UIM coverage, meaning more than the mandatory limit, even if your liability limits are higher.

With UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no active insurance.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

Read More

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Here’s what to do after a New Mexico car accident to protect your health and your right to injury compensation.

On an average day in New Mexico, someone is injured every 34 minutes in a motor vehicle accident.¹

If you or a loved one were injured in a New Mexico car accident, you could be eligible for compensation. We walk you through what to do after a crash, how to establish fault, and how to get the settlement you deserve for your injuries.

What to Do After a New Mexico Car Accident

Here are five steps you can take after a motor vehicle accident to protect yourself and your right to compensation.

1. Stay At the Scene and Exchange Information

New Mexico car accident law requires drivers involved in a crash to immediately stop and remain at the scene. Stop as near to the crash site as you safely can.

Drivers must give their name, address, and the registration number of the vehicle they are driving to the other driver, any vehicle occupants,  and any police officer on the scene. The driver must also exhibit their driver’s license when asked.

2. Call 911 and Help the Injured

Drivers at the scene of an accident must notify local police and try to help anyone who might be injured, including helping the injured get to a hospital. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.

If you are able, try to help the injured until emergency responders arrive.

3. Seek Prompt Medical Treatment

Never refuse medical attention at the scene. The violent impact from a crash can send a surge of adrenaline through the body that masks potentially serious injuries.

Let paramedics evaluate you for injuries. Be honest about your symptoms, including feeling light-headed, dizzy, or sick to your stomach. If the medics want to transport you to the hospital, go with them. Not only is your health at risk, but refusing or delaying treatment after a crash gives the at-fault driver’s insurance company an excuse to minimize or deny your claim.

If you aren’t taken directly to the hospital after an accident, see your own doctor or go to an urgent care center or hospital emergency department as soon as possible. It’s best to get a medical evaluation on the same day as the accident. Don’t wait for a few days to see how your feel.

4. Gather Evidence From the Scene

In a “tort” state like New Mexico, you must prove the other driver caused the accident before their insurance company will pay your claim. The police crash report is important evidence of fault when the other driver is cited for traffic violations.

Other types of evidence include:

• Photographs and video of the accident scene and your injuries
• Contact information for anyone who witnessed the accident
• Your personal notes about what happened before, during, and after the crash

5. Notify Both Insurance Companies

New Mexico is a traditional fault or “tort” state, so you don’t have to rely on your own insurance company for injury claims like in a no-fault state. However, you do have a contractual obligation to notify your insurance company after an accident, even when it’s not your fault.

Every auto policy has a section of language requiring the insured (you) to notify the insurance company of any accidents and cooperate with the company’s investigation into the crash.

In turn, your insurance company has an obligation to defend you against claims or lawsuits filed by anyone else involved in the accident. You could lose that protection by failing to notify your insurer and not cooperating with their investigation into the accident.

Notify the at-fault party’s insurance company of your intent to file an injury claim. Unless the claim is denied from the start, you can expect to get an acknowledgment letter with a claim number.

You might even get a call or letter from an adjuster offering a quick settlement. It’s okay to tell the adjuster you won’t be ready to discuss a settlement until you have fully recovered from your injuries.

New Mexico Fault and Liability Rules

New Mexico is an “at-fault” liability state, so you can seek compensation for car accident damages from the at-fault driver and their insurance company.

You can use your own insurance if you have applicable coverage, but you are not required to file a claim on your own policy after a car accident. For example, some people prefer to use their own collision coverage for vehicle repairs. Then their insurance company seeks reimbursement from the at-fault driver’s insurance company.

New Mexico Shared Fault Rules

New Mexico follows a pure comparative fault rule. You can pursue a claim against the other driver even when you are 99 percent to blame, but your compensation will be reduced by your percentage of blame for the accident.

New Mexico Car Accident Compensation

Insurance companies in New Mexico payout nearly $1 Billion in auto accident claims each year.

You can estimate the settlement value of mild to moderate injury claims by adding up your economic damages, like medical bills and lost wages, then adding one to three times that amount to account for your inconvenience, pain and emotional distress. A multiple of one is appropriate for minor soft-tissue injuries. A higher multiple is reasonable for more significant injuries, like broken bones, concussions, or herniated discs.

Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.

Average Car Accident Settlements in New Mexico

The average injury settlement for a moderate car accident claim in New Mexico is $49,480, with average payouts ranging from $6,772 to $403,000. Settlements and court awards can range from $1,258 for minor injuries to $750,000 for severe injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the scope of the victim’s injuries, and the limits of the at-fault driver’s insurance policy.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Bernalillo County, Werner v. Bridgestone, 1:06CV142, a jury awarded $1,258 to the victim for soft-tissue neck injuries. The at-fault driver was found fully liable despite arguing the victim stopped suddenly.
2. Also in Bernalillo County, Littleton v. Parson, D-1215-CV-200400235, a jury awarded $550,000 for herniated cervical discs that required surgery. The at-fault driver argued that the plaintiff’s injuries were not caused by the rear-end collision.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Insurance coverage may be available from the at-fault driver, and from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.

New Mexico State Minimum Insurance Requirements

New Mexico drivers are legally obligated to carry an auto insurance policy with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $10,000 for property damage.

Optional Insurance Coverage in New Mexico

Insurance companies selling auto policies in New Mexico are required to offer uninsured (UM) and underinsured (UIM) motorist coverage equal to the policy liability limits. The policyholder has the right to decline the optional coverage.

When you have UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by a hit-and-run, a driver with no insurance, or a driver with limits that won’t cover all your damages.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

Read More

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Learn what to do after a Kentucky car accident to protect your rights and build a strong personal injury claim.

Every day, the Commonwealth of Kentucky averages 55 injury accidents and two fatalities on public roads.¹

We want you to know how to protect your safety and right to injury compensation if you or a family member are seriously injured in a Kentucky vehicle accident.

What to Do After a Kentucky Car Accident

Follow these five basic steps after an accident, starting at the scene.

1. Stay At the Scene and Exchange Information

Drivers in Kentucky have a legal duty to stop at the scene of a vehicle accident to find out if anyone is injured and render aid. Drivers must provide the other driver and passengers their name, address, and vehicle registration.

2. Call 911 and Help the Injured

Drivers are required to render reasonable assistance to anyone injured or asking for help, including making arrangements to transport the injured to the nearest medical facility. Calling 911 to ask for an ambulance meets the obligation to arrange for medical transport.

If you are able, try to help the injured until emergency responders are on the scene.

3. Seek Prompt Medical Treatment

Don’t put off having a medical evaluation after a car accident. If you wait a few days to see how you feel, the wait could not only be hazardous to your health, it can jeopardize your right to injury compensation.

Never refuse medical attention at the scene. The sudden impact may have caused an adrenaline rush in your body that masks signs of serious injuries. Be upfront with paramedics about how you feel, without making excuses for your symptoms. If medics want to transport you to the hospital, let them take you.

Refusing or delaying medical attention after an accident gives the insurance company any excuse to deny your injury claim – even when you make a no-fault claim to your own insurance company. The insurer could argue that your injuries are not related to the collision.

4. Gather Evidence From the Scene

Kentucky is a no-fault insurance state, meaning your injury claim must start with your own insurance company. You won’t have to prove fault for injury claims that don’t exceed the no-fault threshold.

However, no-fault insurance does not pay for property damage and isn’t enough to cover serious injuries. For liability claims against the at-fault driver’s auto insurance, you’ll need to prove fault.

The police crash report is excellent evidence of fault, especially when the other driver was cited for a traffic violation.

Other evidence of fault may include:

• Photos or videos taken at the accident scene
• Statements from witnesses
• Your own notes about what happened

5. Notify Both Insurance Companies

Kentucky is a no-fault insurance state, so you must first rely on your own insurance company for injury claims. Every policy issued in Kentucky must have at least $10,000 in Personal Injury Protection (PIP) to cover you and your passengers, no matter who caused the accident.

Most auto policies require the policyholder (you) to notify the company when you’re involved in any type of accident. Your insurance company has a duty to defend you against any lawsuits filed against you in connection with a vehicle accident, even when you’re at fault.

Liability Claims Against the At-Fault Driver’s Insurer

When your injuries are severe enough to exceed the no-fault threshold, you will need to file a liability claim with the at-fault driver’s insurance company. Severe injury cases should be handled by an experienced injury attorney to get the best outcome for the injured victim.

Kentucky Fault and Liability Rules

Kentucky is a no-fault insurance state. Injury claims must first be filed with the Personal Injury Protection (PIP) coverage under your own policy. PIP will cover medical costs, lost wages, and some out-of-pocket expenses.

You cannot sue the at-fault driver for injury damages unless your injuries exceed the no-fault threshold.

Kentucky Shared Fault Rules

Kentucky follows a pure comparative fault rule. You can pursue a claim against the other driver even when you are 99 percent to blame, but your compensation will be reduced by your percentage of blame for the accident.

Kentucky Car Accident Compensation

Insurance companies in Kentucky payout over $2 billion in auto accident claims each year.

Because Kentucky is a no-fault insurance state, accident victims must start by filing a claim with the no-fault PIP coverage on their own insurance policy. PIP will cover medical bills, lost wages, out-of-pocket medical expenses, and some replacement service costs. PIP does not cover non-economic damages.

Injury liability claims can only be made against the at-fault driver’s policy when injuries are severe enough to exceed the no-fault threshold.

Exceptions that exceed the no-fault threshold:

• Medical costs over $1,000
• A broken bone
• Permanent injuries
• Disfigurement
• Fatalities

Severe or fatal injuries should be handled by an experienced personal injury lawyer to maximize final compensation for the injured victim or surviving family members.

Average Car Accident Settlements in Kentucky

The average injury settlement for a moderate car accident claim in Kentucky is $34,968, with average payouts ranging from $8,306 to $360,302. Settlements and court awards can range from $1,610 for minor injuries to over $1,000,000 for severe injuries.

Injury settlements can vary depending on the type of injuries, the no-fault threshold, and the at-fault driver’s policy limits. Commercial auto insurance policies have substantially higher limits than personal auto policies.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Jefferson County, Swecker v. Rogers, 98 CI 7080, a jury awarded $5,762 to the victim for soft-tissue injuries. The at-fault driver admitted liability but stressed there was little vehicle damage.
2. In Louisville, Neumann v. Clay, 13-194, a jury awarded $680,171 for brain injuries, facial injuries, and knee fractures. The at-fault driver admitted liability but disputed the victim’s damages.

Use our free Kentucky Personal Injury Calculator to estimate the value of a moderate claim.

Factors that impact car accident compensation include:

• No-fault rules
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Wrongful death
• Liability insurance limits

Serious injury claims can be complicated. Your attorney will look for compensation from multiple sources.

Kentucky State Minimum Insurance Requirements

Kentucky drivers are required to have auto insurance with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, with $25,000 for property damage, and at least $10,000 in basic no-fault PIP coverage.

Optional Insurance Coverage in Kentucky

Companies selling auto insurance policies in Kentucky are required to offer uninsured (UM) and underinsured motorist (UIM) coverage equal to the policy liability limits. The policyholder has the right to waive the optional coverage.

UM and UIM protect the policyholder if they suffer severe injuries caused by a hit-and-run, a driver with no insurance, or a driver with liability limits that won’t fully cover their damages.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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See what to do after an Oregon car accident to protect your interests and build a strong personal injury claim.

On average, at least nine people are injured or killed each day on Oregon roadways.¹

You’re entitled to pursue compensation if you or a family member are injured in a vehicle accident caused by someone else. Here we walk you through what to do at the scene of a crash, what you should know about Oregon liability laws, and how to start building a successful injury claim.

What to Do After an Oregon Car Accident

Knowing what to do after a crash will keep you safe and prevent costly mistakes. Here are five steps to take after an Oregon car accident.

1. Stay At the Scene and Exchange Information

Oregon drivers who are in an accident involving injuries or death are required to stop as close to the scene as safely possible and check to see what happened. Try to avoid obstructing traffic.

Provide the other driver with your name and address, the vehicle owner’s name and address, and your passengers’ names and addresses, along with your vehicle registration. You also must display your driver’s permit upon request.

2. Call 911 and Help the Injured

Drivers are required to help the injured and make arrangements for medical care for anyone hurt or asking for help. Calling 911 to request an ambulance will satisfy the obligation to “arrange for transport” to a medical facility.

Help the injured to the extent you are able. Remain at the scene until police arrive.

3. Seek Prompt Medical Treatment

Never refuse or delay medical care after a motor vehicle accident. Not all serious injuries are immediately obvious. Brain trauma and internal injuries may develop symptoms over hours or even days.

The shock or adrenaline rush from a sudden impact can hide many signs of injuries, including bone fractures, so let the paramedics look you over at the accident scene. If they want to transport you to the hospital, let them take you.

If you aren’t taken to a hospital directly from the accident scene, you still need to be evaluated. Make arrangements to be seen at the local urgent care center or by your primary care provider. Try to be evaluated on the same day as the accident.

Not only is prompt medical care important for your health, but it’s also necessary for a strong accident claim. If you refuse or delay treatment, the at-fault driver’s insurance company will argue that your injuries weren’t caused by the accident.

4. Gather Evidence From the Scene

Oregon is a traditional fault state, so you can seek compensation from the at-fault driver. Usually, that means filing a claim with the other driver’s insurance company. However, the burden is on you to prove the other driver’s fault.

The police report is valuable evidence of fault, especially if the other driver was ticketed for a traffic violation.

Witness Obligations

Statements from an independent witness, meaning a witness who doesn’t know you or the other driver, can be compelling evidence in an accident case. Oregon laws require anyone who witnesses an accident resulting in injury or death to provide their name and address to the victim.

Other types of helpful evidence include photographs and video taken at the scene, your personal notes about the accident, and what you observed at the scene.

5. Notify Both Insurance Companies

Because Oregon is a fault or “tort” state, you have a right to expect the at-fault driver’s auto insurance to cover your damages.

Notify the at-fault party’s insurance company of your intent to file an injury claim as soon as possible. You don’t have to wait until you’ve fully recovered from your injuries. You should get a response from the company with the name of an adjuster and your claim number.

It’s usually not in your best interest to consider an insurance settlement until after you’ve fully recovered from the accident. If the adjuster reaches out to offer a quick payoff, tell them you are under a doctor’s care and not ready to discuss settlement.

Notifying Your Own Insurer

Oregon is a “fault” state but you still have to notify your own insurance company when you’re involved in an accident, even when it’s not your fault.

Auto policies are legally binding contracts. Your policy likely has “notification and cooperation” language that requires you to tell the company when you’ve been in an accident and cooperate with the company’s investigation.

The insurance company also has responsibilities, like a duty to defend you if you are sued by someone injured in the accident.

Oregon Fault and Liability Rules

Oregon is an “at-fault” liability state, so you can seek compensation for accident damages from the at-fault driver and their insurance company.

You can use your own insurance if you have applicable coverage, but you are not required to file a claim on your own policy after a car accident. For example, some people prefer to use their own collision coverage for vehicle repairs. Then their insurance company seeks reimbursement from the at-fault driver’s insurance company.

Oregon Shared Fault Rules

Oregon follows a modified comparative fault rule.  You can pursue a claim against the at-fault party so long as you are not more at fault than them. If you share some blame but are still eligible to make a claim, your potential compensation will be reduced according to your share of fault.

Oregon Car Accident Compensation

Insurance companies in Oregon payout more than $1.8 billion in auto accident claims each year.

You can estimate a fair settlement demand for minor to moderate injuries by adding together your economic costs like medical bills, out-of-pocket expenses, and lost income. Then multiply the total by a number between one and three to account for your non-economic damages, like physical discomfort and emotional distress. The multiple to use to account for non-economic damages (also called general damages) depends on the severity of your injuries.

Severe injury claims should be evaluated by an experienced personal injury lawyer. The evaluation will include cost projections for future medical expenses, loss of earning capacity, and the victim’s intense pain and suffering.

Average Car Accident Settlements in Oregon

The average injury settlement for a moderate car accident claim in Oregon is $36,993, with average payouts ranging from $6,772 to $403,000. Settlements and court awards can range from $5,971 for minor injuries to $1,600,000 for severe injuries.

Injury payouts vary greatly depending on the severity of injuries, shared fault, and the at-fault driver’s coverage limits.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Multnomah County, Riel v. Hornsberger, 9501-00700, a jury awarded $1,983 to the victim for soft-tissue neck injuries. The at-fault driver admitted rolling into the back of the victim’s vehicle.
2. In Lane County, Teachout v. Marshal, 16CV27223, a jury awarded $400,000 to a passenger who was 16 years old when the accident occurred and left with permanent low back pain.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

Minimum auto policy limits may not be enough to cover a victim with severe injuries. Even when the at-fault driver has higher limits, there may not be enough bodily injury coverage to go around when more than one person is injured in the accident.

Oregon State Minimum Insurance Requirements

Oregon drivers are required to have proof of auto insurance with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $20,000 for property damage.

Uninsured Motorist Insurance Coverage in Oregon

Insurance companies selling auto policies in Oregon are required to offer uninsured (UM) and underinsured (UIM) motorist coverage equal to the policy liability limits. The policyholder has the right to reduce the UM and UM limits, but not below the minimum limits required for liability coverage.

Oregon requires UM and UIM to cover injuries caused by a hit-and-run, a driver with no insurance, or a driver with limits that won’t cover the cost of your damages.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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Learn how to protect your rights and safety after an Oklahoma car accident. See what you need to build a strong injury claim.

There are 169 motor vehicle accidents every day on Oklahoma roadways.¹ When you or a family member are hurt in an accident, you have the right to expect compensation for your damages.

Here we cover what you can do to protect your safety after a car wreck, how to determine who’s at fault, and how to begin building a strong insurance claim for compensation.

What to Do After an Oklahoma Car Accident

Follow these five steps to protect your legal rights and your financial interests after an Oklahoma car accident.

1. Stay At the Scene

Oklahoma car accident law requires drivers involved in a serious crash to immediately stop and remain at the scene, or as close as safely possible.

Drivers convicted of leaving an accident scene may face jail time from ten days to ten years, monetary penalties up to $10,000, and revocation of their driver’s license.

2. Exchange Information and Help the Injured

Drivers at the scene of an accident involving injury or death must provide their correct name, contact information, and vehicle registration information. Drivers must display their driver’s permit upon request.

Drivers who could be cited for a traffic violation resulting in injury or death must also submit to drug and alcohol testing as soon as is practical after the crash.

Oklahoma requires drivers to aid the injured, including making arrangements to transport the injured person to a medical facility. Calling 911 to report the accident and ask for an ambulance will satisfy this obligation. If you can, try to help the injured until medical assistance arrives.

3. Seek Prompt Medical Treatment

You must seek prompt medical care after a car accident, even if you don’t think you’ve been hurt. An adrenaline rush is common after crashes, which can mask the symptoms of serious injuries. Never refuse or delay medical care after an accident.

Cooperate with paramedics at the scene. Let them examine you, and answer all their questions. If they want to transport you to the hospital, go with them.

If you aren’t taken directly to a hospital from the scene, make arrangements to go to the hospital emergency department, an urgent care center, or your own doctor if they can see you the same day. Don’t wait until days later when you can’t turn your head or your vision is blurry.

Refusing or delaying medical care gives the at-fault driver’s insurance company a handy excuse to fight your claim. The adjuster will say your injuries aren’t related to the crash.

4. Gather Evidence From the Scene

In “tort” states like Oklahoma, you will seek compensation from the at-fault driver or their insurance company. However, the burden is on you to prove the other driver caused the accident and is responsible for your damages.

The police crash report is valuable evidence of the other driver’s fault, especially if they were ticketed for a traffic violation.

Other types of evidence include:

• Pictures and video taken at the scene
• Witness information
• Your notes about what happened

5. Notify Both Insurance Companies

Oklahoma is a traditional fault state, meaning car accident victims can expect the at-fault driver, usually through their insurance company, to pay for their damages.

If you’ve decided to handle your own injury claim, notify the other driver’s insurance company as soon as possible after the accident. You will get a letter from the company with a claim number and contact information for the adjuster assigned to your claim.

You might even get a quick offer of settlement. In most cases, you’re better off waiting until you’ve fully recovered from your injuries before discussing settlement. Let the adjuster know you will get back to them when you’re ready to discuss settlement.

Don’t wait to notify your own insurance company of the accident. Auto policies all have language requiring the policyholder (you) to notify them if there’s been an accident, even when it wasn’t your fault. In turn, your insurer has a duty to defend you against lawsuits filed by others injured in the accident.

When you are represented by an attorney, you won’t have to deal directly with the insurance companies. Your attorney will make all the necessary notifications.

Oklahoma Fault and Liability Rules

Because Oklahoma is a traditional fault or “tort” state, you will pursue compensation from the at-fault party.

In a no-fault state, you must first rely on your own insurance policy for compensation. In Oklahoma, you are not required to file a claim on your own policy after a car accident.

Of course, you can use optional coverage, like collision coverage, if you wish. If you use your collision coverage for vehicle repairs after an accident, your insurer will pursue reimbursement from the at-fault driver’s insurance company.

Oklahoma Shared Fault Rules

Oklahoma follows a modified comparative fault rule. You can make a claim against the other driver even when you are partly to blame for your injuries, so long as you aren’t more to blame than the other party. Your payout will be reduced according to your percentage of shared fault.

Oklahoma Car Accident Compensation

Insurance companies in Oklahoma pay out over $1.6 billion in auto accident claims each year.

The “multiple method” is an easy way to estimate compensation for mild to moderate car accident injuries. Add up all your economic damages, including medical bills, out-of-pocket costs, and lost wages. Then add one to three times that amount for your non-economic damages, like pain and suffering.

A multiple of one can be used for minor injuries, like bruises and mild sprains. A multiple of two or three is reasonable for moderate injuries, like more extensive soft-tissue injuries, a mild concussion, or a broken arm.

Severe injury claims can only be accurately valued by an experienced personal injury attorney. An attorney will factor in future expenses, loss of earning capacity, and the extreme pain and emotional distress that occurs with serious injuries.

Average Car Accident Settlements in Oklahoma

The average injury settlement for a moderate car accident claim in Oklahoma is $39,137, with average payouts ranging from $6,285 to $926,186. Settlements and court awards can range from $481 for minor injuries to $3,500,000 for catastrophic injuries.

Injury settlements can vary widely, depending on the type of accident, the age of the victim, and the available auto or liability insurance.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Oklahoma County, McClure v. Litzenberg, CJ-2012-1082, a jury awarded $1,522 to the victim for soft-tissue neck injuries. The low-impact crash was caused by a drunk driver.
2. In Tulsa County, Garrison v. Garrison, CJ-2015-04563, the case settled for $300,000 policy limits. The high-speed rear-end collision was caused by a 15-year-old unlicensed driver.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

The coverage limits from the at-fault driver’s policy and your own policy may be the only source of compensation for injury claims. The coverage limits may not be enough to fully compensate for severe injuries.

Oklahoma State Minimum Insurance Requirements

Oklahoma drivers are required to have an auto insurance policy with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.

Uninsured Motorist Coverage in Oklahoma

Insurance companies in Oklahoma are required to provide uninsured motorist coverage equal to the policy liability limits. Oklahoma law defines uninsured motorist coverage to include coverage for accidents caused by a hit-and-run, a driver with no insurance, or a driver with insurance that is inadequate to cover all your damages.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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Learn what you can do after a Connecticut car accident to protect your safety, legal rights, and financial interests.

On average, over 100 people are injured or killed every day in Connecticut motor vehicle accidents.¹

When you or a family member are injured in a car accident, you may be entitled to compensation. Here’s where you can learn what to do at the accident scene to protect your rights, and how to build a strong insurance claim.

What to Do After a Connecticut Car Accident

Walk through these five steps to preserve your health safety, and right to injury compensation.

1. Stay At the Scene and Exchange Information

Connecticut car accident law requires drivers involved in a crash to immediately stop and remain at the scene. Drivers must give their name, address, driver’s license number, and vehicle registration number to the person injured, any witnesses, and any police officer on the scene.

2. Call 911 and Help the Injured

Drivers involved in an accident involving personal injury or death must immediately stop and render “such assistance as may be needed.” Calling 911 to report the accident and ask for an ambulance can meet this obligation. Help the injured as much as you can until emergency responders arrive.

3. Seek Prompt Medical Treatment

Never refuse or delay medical care after an accident. Not only are you risking your health, but you’re also handing the insurance company an excuse to deny or limit your injury claim. The insurance adjuster will argue that your injuries weren’t caused by the crash.

Traffic accidents are sudden and violent. You may be stunned or in a bit of shock, and not even realize you’ve been hurt. Let paramedics at the scene look you over. If they want to transport you to the hospital, let them.

If you aren’t taken directly to the hospital from the scene, make arrangements to go the emergency department or an urgent care center as soon as possible. Tell the medical providers exactly when, where, and how you were injured.

You will need your medical records to link all your injuries to the accident, so tell the doctor about all your injuries, including bumps and bruises.

4. Gather Evidence From the Scene

In traditional fault states like Connecticut, the burden is on you, the claimant, to prove the other driver was responsible for causing the crash. The police crash report is a good start, especially when the other driver was cited for traffic violations.

Other types of evidence include:

• Photographs and video of the crash scene
• Names and contact information from witnesses 
• Your personal notes about the accident

5. Notify Both Insurance Companies

You don’t have to wait until you recover from your injuries to get the ball rolling on an insurance claim. Notify the at-fault driver’s insurance company of your intent to file an injury claim as soon as possible.

The company will likely respond with an acknowledgment letter that includes a claim number you’ll need to refer to in future communications. An adjuster will be assigned to your claim, and may reach out to you with a fast settlement offer.

It’s usually not in your best interest to settle your claim before you’ve recovered from your injuries. Let the adjuster know you’ll be in touch when you’re ready to discuss compensation.

Be careful if the adjuster wants to take your recorded statement. Adjusters are trained to get you to say something they can use against you. Consider consulting an attorney before submitting to a recorded statement.

What to Expect from Your Insurance Company

Connecticut is a traditional fault state, so you are not obligated to rely on your own insurance company to handle your injury claim. However, you are contractually bound by your insurance policy to notify your own insurer when you’ve been in an accident, no matter who was at fault.

In return, your insurer has a duty to defend you if you get sued by someone else involved in the accident. Notify your insurance company as soon as possible after an accident to preserve your policy protections.

Connecticut Fault and Liability Rules

Connecticut is a traditional fault or “tort” state, so you will seek compensation for car accident damages directly from the at-fault parties. Usually, that means filing a claim with the negligent driver’s auto insurance company.

While you are not obligated to rely on your own policy, you can utilize optional coverages you have purchased, like MedPay to cover immediate medical costs, or Collision coverage for your vehicle repairs. When you use your own coverage, your insurer will then seek reimbursement from the at-fault driver’s carrier.

Connecticut Shared Fault Rules

Connecticut follows a modified comparative fault rule. You can seek compensation from the other driver even if you are partially to blame, so long as you aren’t more to blame than the other driver. If you are not more to blame, your compensation will be reduced in proportion to your share of fault.

Connecticut Car Accident Compensation

Insurance companies in Connecticut pay out more than $2 billion in auto accident claims each year.

You can estimate the value of a minor to moderate injury claim by adding up the economic costs, like medical expenses and lost wages. Then add one to three times that amount to compensate for your non-economic damages, known as pain and suffering.

A multiple of one will work for mild sprains, bumps, and bruising. Use a multiple of two or three for injuries that have a bigger impact on your daily living, like a broken arm, slipped discs, or a concussion.

Use our free Connecticut Personal Injury Calculator to estimate the payout for a minor to moderate injury claim.

Talk to an experienced personal injury attorney about a severe injury or wrongful death claim. The claim will include future medical costs, loss of future income, and the extreme pain and distress suffered by the victim and their family.

Average Car Accident Settlements in Connecticut

The average injury settlement for a moderate car accident claim in Connecticut is $40,047, with average payouts ranging from $6,978 to $991,383. Settlements and court awards can range from $275 for very minor injuries to more than $5,000,000 for catastrophic injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the scope of the victim’s injuries, and the available insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Fairfield, Alfonso v. O’Connell, CV03-0403012S, a jury awarded $275 to the victim for soft-tissue neck injuries. The claimant waited two months to seek medical treatment after a low-impact collision.
2. In New Haven, Laufer v. Road-Con Systems, Inc., CV-05-4003130-S, a jury awarded $5,390,000 to a 26-year-old man left paralyzed from the neck down after a rear-end collision by a tractor-trailer that pushed his vehicle into and under another tractor-trailer.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Insurance coverage may be available from the at-fault driver, and from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.

Connecticut State Minimum Insurance Requirements

Connecticut drivers are required to carry an auto insurance policy with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.

Connecticut also requires auto policies to include uninsured (UM) and underinsured (UIM) motorist coverage equal to the policy liability limits.

When you have UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by a hit-and-run, a driver with no insurance, or a driver with limits that won’t cover all your damages.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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Learn how to protect your safety, legal rights, and financial interests after a California car accident.

On average, over 50 people are injured or killed every day in California motor vehicle accidents.¹

You’re entitled to seek compensation for injuries caused by a negligent driver. This normally happens by filing a claim with the at-fault driver’s insurance company. If claim negotiations fail and you can’t reach a settlement, you can then file a lawsuit against the at-fault driver.

What to Do After a California Car Accident

Follow these five steps to protect your safety and right to injury compensation after a crash.

1. Stay At the Scene and Exchange Information

California car accident law requires drivers to stop and remain at the scene of an accident. Drivers must share their name and address, and the names and addresses of their passengers with the driver and occupants of the other vehicle.

2. Call 911 and Help the Injured

California requires drivers involved in an accident to render aid to the injured, including arranging transportation to a medical facility. Calling 911 to report the accident and ask for an ambulance will satisfy the requirement to arrange for transportation of the injured.

3. Seek Prompt Medical Treatment

You may be stunned by the impact of the crash and not realize you’ve been injured. Some injuries, even serious conditions like concussions and internal bleeding, may not be obvious right away.

Let paramedics examine you. If they want to take you to a hospital, let them take you. If you aren’t taken directly from the scene, go to a hospital emergency department or urgent care as soon as possible. Tell the medical provider when and how you were hurt and describe all your symptoms.

Refusing or delaying medical attention after an accident gives the insurance company a good excuse to deny or minimize your claim. You are entitled to compensation so long as you have medical records linking your injuries to the accident.

4. Gather Evidence From the Scene

In at-fault states like California, you’ll have to prove the other driver caused the crash before their insurance company will consider your claim. A copy of the police accident report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation.

Other types of evidence include:

• Photographs and video of the accident scene
• Independent witness statements 
• Your personal notes about the accident

5. Notify Both Insurance Companies

You don’t have to wait until you’ve fully recovered from your injuries to notify the other driver’s insurance company of your intent to file a claim.

The insurance company will likely respond to your claim with an acknowledgment letter with a claim number for your future reference. If an adjuster is assigned to your claim, you might get an immediate offer of settlement.

In most cases, it’s better not to accept a settlement until you’ve recovered from your injuries. Adjusters often make quick lowball settlement offers to see if they can get rid of you for a nominal amount.

What to Expect from Your Insurance Company

Because California is a traditional fault state, you are not required to rely on your own insurance company for injury claims. However, your auto policy is a contract that obligates you to notify your insurance company when you’ve been in an accident. You are also obligated to cooperate in the company’s investigation of the accident.

Your insurance company has a duty to defend you if you are named in a lawsuit by someone else in the accident. You might lose this protection if you fail to timely notify the company of the accident.

California Fault and Liability Rules

Car accident victims in California typically seek compensation by filing a claim with the negligent driver’s insurance company. You are not legally obligated to rely on your own policy.

You do have the option to use supplemental coverage you have purchased, like MedPay to cover immediate medical expenses or collision coverage for your vehicle repairs. Your insurer will pursue reimbursement from the at-fault driver’s carrier for the amounts they paid on your behalf.

California Shared Fault Rules

California follows a pure comparative fault rule. So long as you aren’t the only one at fault for the accident, you can seek compensation from the other driver. Your compensation will be reduced in proportion to your percentage of fault.

California Car Accident Compensation

Insurance companies in California pay out more than $19 billion in auto accident claims each year.

You can estimate the value of a minor to moderate injury claim by adding up all the economic damages, like medical expenses and lost income, then adding one to three times that amount to compensate for non-economic damages, better known as pain and suffering.

The multiple depends on how much your injuries interfere with your activities of daily living. A multiple of one can be used for bruises and mild sprains, which should heal within a week or two. A multiple of three might be reasonable for a herniated disc that kept you sidelined for months.

Use our California Settlement Calculator to estimate the value of a minor to moderate injury claim.

Consult a personal injury attorney about the value of a severe injury claim. Severe injuries are high-dollar claims that can include future medical costs, loss of earning capacity, and compensation for the extreme pain and anguish suffered by the victim.

Average Car Accident Settlement Amounts in California

The average injury settlement for a moderate car accident claim in California is $50,154, with average payouts ranging from $7,439 to $1,373,155. Settlements and court awards can range from $1,070 for very minor injuries to more than $5,000,000 for life-threatening injuries.

Accidents involving severe injuries and commercial liability insurance will have the largest payouts, due to the higher liability insurance limits on commercial policies.

Injury settlements can vary widely, depending on the facts of the accident, the severity and cost of the victim’s injuries, and the available insurance limits.

For example, look at these two rear-end accident cases with low and high payouts:

1. In LA County, Begando v. Peterson, YC 041 783, a jury awarded $2,500 to the victim for whiplash neck injuries from a low-impact collision.
2. In Alameda County, Ringseth v. Lea , RG18895260, a jury awarded $5,750,000 to a man who suffered multiple injuries, including a collapsed lung, that left him with permanent neck and back impairments.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

Injury payoffs can be limited by the available insurance. Applicable coverage may come from the at-fault driver’s insurance, and from your own policy, depending on optional coverages you may have purchased.

California State Minimum Insurance Requirements

California drivers are required to carry an auto policy with minimum bodily injury liability limits of $15,000 per person and $30,000 per accident, and $5,000 for property damage.

California requires insurance companies to offer uninsured (UMC) and underinsured (UIM) motorist coverage equal to the policy liability limits, but policyholders can reject the coverage.

When you have UMC and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by a driver with little or no insurance.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

Read More

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Learn what you can do after a car accident in Texas to protect your rights and start building a strong insurance claim.

On average, someone in Texas is injured in a vehicle accident every 2 minutes and 12 seconds.¹

If you or a family member are injured in an accident caused by someone else, you may be entitled to compensation. Here we lay out the steps you can take after a crash to protect your legal rights, how to determine liability, and what you can expect for compensation.

What to Do After a Texas Car Accident

Follow these five steps to preserve your safety and your right to injury compensation.

1. Stay At the Scene and Exchange Information

Texas car accident law requires drivers in an accident involving injury or death to stop and remain at the scene, or as close to the scene as safely possible. Drivers must give their name, vehicle registration number, and insurance information to drivers and occupants of any vehicles involved in the accident. Drivers must display their license if requested.

2. Call 911 and Help the Injured

Drivers involved in an accident must provide reasonable assistance to the injured, including arranging for transportation to the nearest medical facility when the person is obviously injured or asks for transport.

Calling 911 to report the crash and ask for an ambulance should meet this obligation. Do what you can to help the injured until emergency responders arrive.

3. Seek Prompt Medical Treatment

You may be stunned after an accident or experience a surge of adrenaline triggered by the impact. This can mask injury symptoms, especially if you have children or other loved ones in the car to worry about.

Symptoms of injuries, like brain trauma, internal bleeding, and other serious conditions may develop over time. In the immediate aftermath of a crash, people have been known to walk around with broken bones and not even realize it.

See to your children, but look after your own health and safety as well. Never refuse or delay medical care after a car accident. Delays give the insurance company an excuse to deny or minimize your injury claim. If you wait a few days to see how you feel, the adjuster will argue that your injuries aren’t related to the accident.

Discuss all your injuries and symptoms with your medical provider, even cuts, bruises, and sore areas. You are entitled to compensation for all your car accident injuries, not just the most significant one.

4. Gather Evidence From the Scene

In traditional fault states like Texas, the claimant bears the burden of proving the other driver caused the crash. The police accident report is excellent evidence of fault, especially when the other driver was cited for traffic violations.

Other types of evidence include:

• Photographs and video of the crash scene
• Names and contact information from witnesses
• Your personal notes about the accident

5. Notify Both Insurance Companies

Notify the at-fault driver’s insurance company of your intent to file an injury claim as soon as possible. You don’t have to be fully recovered to put the insurance company on notice, but it’s best not to discuss settlement while you are still dealing with injuries.

The insurance company will typically send an acknowledgment letter with a claim number. When an adjuster is assigned to your claim, they might contact you with a fast settlement offer and ask for your side of the story.

Beware if the adjuster wants to take your recorded statement. Adjusters are trained to get you to say something they can use to challenge your claim. You are not required to provide a recorded statement. If the adjuster tries to bully you, talk to an attorney.

What to Expect from Your Insurance Company

No matter who caused the collision, you are contractually obligated by your insurance policy to notify your own insurer after an accident. You also must cooperate with the company’s investigation.

Your insurance company has a duty to defend you if you get sued by someone else in the accident. You could forfeit that protection if you fail to promptly advise them of the accident, or covered up important information.

Texas Fault and Liability Rules

Texas is a traditional at-fault state, so you will seek compensation for car accident damages directly from the negligent driver and other at-fault parties. For example, if you were hit by a driver operating a company truck, you’ll also have a claim against the driver’s employer.

In most cases, you’ll start by filing a claim with the negligent driver’s auto insurance company.

If you’ve purchased optional coverages under your own auto policy, like collision coverage for vehicle repairs, you might choose to ask your own insurer to cover it. After paying your collision claim, your insurer will go after the at-fault driver’s insurance company for reimbursement.

Texas Shared Fault Rules

Texas follows a modified comparative fault rule. You are barred from compensation when you are more to blame than the other driver. Otherwise, your compensation is reduced according to your percentage of fault.

Texas Car Accident Compensation

Insurance companies in Texas payout more than $14 billion in auto accident claims each year.

You can estimate the value of a minor to moderate injury claim by adding up your economic damages, including medical expenses and lost wages, then adding one to three times that amount to account for your non-economic damages, often called pain and suffering.

A multiple of one is fair for minor injuries like bruises, or a few days of soreness. Multiples of two or three can be used for injuries that had a bigger impact on your daily activities, like a slipped disc or broken leg.

You’ll need an experienced personal injury attorney to determine the value of a severe injury or wrongful death claim. High-dollar claims include future medical costs, loss of income capacity, and the extreme pain and distress suffered by the victim and their family.

Average Car Accident Settlements in Texas

The average injury settlement for a moderate car accident claim in Texas is $45,596, with average payouts ranging from $8,224 to $2,284,418.  Settlements and court awards can range from $2,226 for minor injuries to $23,500,000 for catastrophic injuries.

Texas injury settlements can vary widely, depending on the facts of the accident, the extent of the victim’s injuries, and the available insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Tarrant County, Burns v. Carroll, 67th-268144-13, a jury awarded $2,226 to the victim for soft-tissue neck injuries and headaches. The claimant waited two months after the accident to seek treatment for headaches.
2. In Jackson County, Arredondo v. Neely, 1610-15257, a jury awarded $10,222,667 to a woman who suffered a brain injury when the car she was riding in was rear-ended by a tractor-trailer, causing the car to roll three times.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

When accident victims suffer serious injuries, the at-fault driver’s liability coverage may not be enough to pay all the damages. Additional coverage may be available from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.

Texas State Minimum Insurance Requirements

Texas drivers are required to carry an auto insurance policy with minimum bodily injury liability limits of $30,000 per person and $60,000 per accident, and $25,000 for property damage.

Texas also requires auto insurance companies to offer uninsured (UM) and underinsured (UIM) motorist coverage, although policyholders may decline the offer in writing.

When you have UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by a hit-and-run, a driver with no insurance, or a driver with liability limits that are too low to cover all your damages.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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See how to protect your safety, legal rights, and financial interests after a motor vehicle accident in New York.

More than 400 people are injured or killed every day on New York roadways.¹

If you are injured in a New York traffic accident, you are entitled to financial compensation for your medical costs, lost wages, and other losses. Here’s what you can do after a crash to protect yourself and start building a strong injury claim.

What to Do After a New York Car Accident

Here are five steps you can take to protect your right to personal injury compensation after an accident.

1. Stay At the Scene and Exchange Information

New York car accident law requires drivers in an accident resulting in personal injury or property damage to stop and provide their name, address, and insurance information to the driver and occupants of the other vehicle. Drivers must also provide their license number at the scene.

A Report of Motor Vehicle Accident must be filed within 10 days of an accident resulting in injury, death, or property damage over $1,000.

2. Call 911 and Help the Injured

Drivers in New York are not legally obligated to render aid to the injured at the scene of a traffic accident. However, drivers are required to report an injury accident to the nearest police station as soon as possible. Calling 911 to report the accident and ask for an ambulance is a fast and practical way to meet the reporting obligation.

3. Seek Prompt Medical Treatment

Never refuse or delay medical attention after a car accident. You could have serious injuries that are not immediately obvious, especially if you are stunned by the sudden impact of a collision.

Prompt medical attention not only helps protect your health, it also protects your right to injury compensation. The insurance company will challenge claims for injuries that aren’t clearly linked to the vehicle accident.

If you aren’t taken to the hospital in an ambulance, go to a hospital emergency department, urgent care center, or your doctor’s office as soon as possible. Ideally, you’ll have a medical evaluation on the same day as the accident. You are entitled to compensation for all your injuries, so tell the doctor about all of your injuries and symptoms, not just the most serious ones.

4. Gather Evidence From the Scene

In no-fault insurance states like New York, you must rely on your own insurance company to cover most injury claims, no matter who caused the accident. When your injuries are serious enough to exceed the no-fault threshold, the burden is on you to prove the other driver was responsible for causing the crash.

The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation.

Other types of evidence include:

• Photographs and video of the crash scene
• Names and contact information from witnesses
• Your personal notes about the accident

5. Notify Both Insurance Companies

Notify your own insurance company as soon as possible that you were in an accident and intend to make a claim. New York is a no-fault insurance state, so most car accident injury claims will be covered by your Personal Injury Protection (PIP) coverage.

You must make your no-fault PIP claim within 30 days of the car accident. 

If your injuries are serious enough to exceed the no-fault threshold, you’ll need a personal injury attorney to handle the liability claim against the at-fault driver. Your attorney will establish why your injury exceeds the no-fault threshold and will notify the at-fault driver’s insurance company.

New York Fault and Liability Rules

New York is a no-fault state, meaning most car accident injury claims are paid by the victim’s Personal Injury Protection (PIP) coverage.

PIP will pay reasonable medical expenses for injuries arising from a car accident, and 80 percent of your lost wages, up to $2,000 per month for three years if you can’t work because of your injuries. If you need replacement services, such as lawn care or transportation, PIP will pay up to $25 per day.

PIP does not pay for vehicle repairs or non-economic damages, like pain and suffering.

You must make a PIP claim within 30 days of the accident date.

Injuries Exceeding the No-Fault Threshold

New York only allows injured victims to pursue compensation from the at-fault driver when the injuries exceed the no-fault threshold.

Injuries that exceed New York’s no-fault threshold include:

• Death
• Dismemberment or disfigurement
• Broken bones
• Death of an unborn baby
• Permanent limitation on the use of a body part
• An injury that interferes with your activities of daily living for 90 days or more

Victims with injuries that exceed the no-fault threshold can seek compensation for all their damages, including medical expenses, lost income, out-of-pocket costs, and pain and suffering.

New York Shared Fault Rules

New York follows a pure comparative fault rule. You can seek compensation from the other driver even when you share a lot of the blame for your injuries. Your compensation will be reduced in proportion to your percentage of fault.

New York Car Accident Compensation

Insurance companies in New York payout more than $9.7 billion in auto accident claims each year.

A minor to moderate injury claim will typically fall within New York’s no-fault boundaries. Your Personal Injury Protection (PIP) coverage will pay your medical bills, and 80 percent of your lost wages. There is no PIP coverage for non-economic damages.

Talk to an experienced personal injury attorney about a serious injury claim. Claims for injuries that exceed the no-fault threshold will include the full value of present and future medical expenses, lost wages, and the pain and distress of severe injuries.

Average Car Accident Settlements in New York

The average injury settlement for a moderate car accident claim in New York is $42,941, with average payouts ranging from $8,156 to $921,582. Settlements and court awards can range from $1,945 for very minor injuries to more than $4,300,000 for disabling injuries.

Injury settlements can vary widely, depending on the circumstances surrounding the crash, the extent of the victim’s injuries, and the available insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Suffolk County, Esposito v. Fitzgerald, 33542/2011, a jury awarded $1,945 to the victim for soft-tissue injuries. The plaintiff had rejected a $20,000 offer of settlement before trial.
2. In Kings County, Hodge v. Service Direction, Inc., 1892/00, the jury awarded $4,303,370 for neck and back injuries. Plaintiff suffered a 50% loss of range of motion in her neck and back.

Factors that impact New York accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multi-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

When you and others are seriously injured, the at-fault driver’s liability insurance might not be enough to cover everyone’s injuries after PIP is exhausted.

New York State Minimum Insurance Requirements

New York requires all drivers to carry no less than $50,000 in Personal Injury Protection (PIP) and liability coverage of at least $25,000 per person/$50,000 per accident for bodily injuries, and $10,000 per property damage.

New York also requires drivers to have uninsured motorist coverage equal to the liability limits of the policy.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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See how to protect your safety, determine responsibility, and get a fair settlement after a vehicle accident in Pennsylvania.

On Average, more than 2,000 people are injured or killed each day in Pennsylvania vehicle accidents.¹

If you or a loved one are injured in a Pennsylvania car accident, you are entitled to financial compensation for your medical expenses, lost income, and other losses. Here we walk through what to do after an accident to protect yourself and start building a successful insurance claim.

What to Do After a Pennsylvania Car Accident

Here are five steps you can take to protect your physical and financial well-being after an accident.

1. Stay At the Scene and Exchange Information

Pennsylvania car accident law requires drivers in an accident resulting in the injury or death of any person to stop and remain at the scene.

The driver must provide their name, address, vehicle registration, and insurance information to the other driver and occupants of the vehicle, anyone injured in the accident, and any police officer at the scene. Drivers must also display their license as requested.

2. Call 911 and Help the Injured

Drivers in Pennsylvania are obligated to provide reasonable care to the injured, including arranging transport of the injured person to a medical facility. Calling 911 to report the accident and request an ambulance satisfies the obligation. Try to help the injured as much are you can until help arrives.

3. Seek Prompt Medical Treatment

It’s important to have a medical exam as soon as possible after a car accident, even if you think you’re fine. Significant injuries are often masked by the surge of adrenaline that can occur after an accident.

Never refuse medical care at the scene or delay treatment. Waiting to “see how you feel” before visiting a doctor gives the insurance company a handy excuse to deny or minimize your injury claim. The adjuster might say the injuries are not related to the crash, or argue that you share fault for your injuries because you waited until you were worse before seeking medical attention.

If you aren’t taken directly from the accident scene to the hospital by ambulance, go to an urgent care center or your regular doctor as soon as possible. Tell your medical provider exactly when, where, and how you were injured. Discuss every injury and symptom. You are entitled to compensation for all your injuries, so be sure they are linked to the accident in your medical records.

4. Gather Evidence From the Scene

If you intend to file an injury claim against the at-fault driver’s insurance policy, the burden is on you to prove the other driver was responsible for causing the crash. The police crash report is powerful evidence of fault, especially if the other driver was ticketed for a traffic violation.

Other types of evidence include:

• Photographs and video of the crash scene
• Names and contact information from witnesses
• Your personal notes about the accident

5. Notify Both Insurance Companies

Notify your own insurance company as soon as possible that you were in an accident. No matter if you have opted for no-fault coverage or traditional (full-tort) coverage, your policy will have a notification and cooperation clause.

If you have a traditional policy, or your injuries are serious enough to exceed the no-fault threshold, you or your attorney will notify the at-fault driver’s insurance company of your intent to file an injury claim.

Pennsylvania Fault and Liability Rules

Pennsylvania allows policyholders the option of choosing limited-tort coverage, known as no-fault coverage, and full-tort coverage, which is traditional fault insurance.

If you elected the limited-tort option, you must first rely on your own medical benefits coverage before pursuing a lawsuit against the at-fault driver or a claim with their insurance company.

Exceptions to Limited-Tort Rules in PA:

• You were a pedestrian
• You were a passenger in a non-private vehicle, like a bus or taxi
• The crash was caused by a drunk driver
• You were hit by a vehicle registered in another state
• You suffered a serious impairment to a significant bodily function

If you are excepted from a limited-tort claim or elected a full-tort auto policy, you can seek compensation for all your damages, including medical expenses, lost income, out-of-pocket costs, and pain and suffering.

Pennsylvania Shared Fault Rules

Pennsylvania follows a 51-percent modified comparative fault rule. You can seek compensation from the other driver so long as you are not more to blame than they are for causing the accident. Your compensation will be reduced in proportion to your percentage of fault.

Pennsylvania Car Accident Compensation

Insurance companies in Pennsylvania pay out nearly $6 billion in auto accident claims each year.

A minor to moderate injury claim will typically fall within Pennsylvania’s no-fault boundaries. Your Personal Injury Protection (PIP) coverage will pay your medical bills and 80 percent of your lost wages. There is no PIP coverage for non-economic damages.

Talk to an experienced personal injury attorney about a serious injury claim. Claims for injuries that exceed the no-fault threshold will include the full value of present and future medical expenses, lost wages, and the pain and distress of severe injuries.

Average Car Accident Settlements in Pennsylvania

The average injury settlement for a moderate car accident claim in Pennsylvania is $42,646, with average payouts ranging from $6,691 to $570,980. Settlements and court awards can range from $1,290 for minor injuries to $3,475,000 for disabling injuries.

Injury settlements can vary widely, depending on the circumstances surrounding the crash, the extent of the victim’s injuries, and the applicable insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Allegheny County, Stemmerich v. Massung, GD-15-023133, a jury awarded $1,770 to the victim for soft-tissue injuries. The defendant admitted liability.
2. In Philadelphia County, Wolff v. Roberts, 2017-19630, the jury awarded $975,000 for neck injuries with nerve damage. Plaintiff suffered a 25% permanent partial disability.

Factors that impact Pennsylvania accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multi-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

If you and others are seriously injured, the at-fault driver’s liability insurance might not be enough to cover everyone’s injuries after your medical benefits are exhausted.

Pennsylvania State Minimum Insurance Requirements

Pennsylvania requires all drivers to carry no less than $5,000 in medical benefits coverage, $15,000 per person/$30,000 per accident for bodily injury liability, and $5,000 for property damage.

Insurance companies are required by law to offer uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage in Pennsylvania, however, policyholders have the right to reject UM and UIM coverage.

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

Read More

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Here’s how to protect your interests and build a strong claim after a car accident in Ohio.

On average, more than 185 people are injured or killed each day in Ohio vehicle accidents.¹

When you or a loved one are are injured in a collision, you have the right to pursue compensation from the at-fault driver for medical expenses, lost income, and pain and suffering. Here’s what you can do after an accident to be safe and start building a strong injury claim.

What to Do After an Ohio Car Accident

Follow these five steps to protect your legal and financial interests after an accident.

1. Stay At the Scene and Exchange Information

Ohio car accident law requires drivers to stop at the scene of a collision and share certain information with the other driver. You must provide you name, address, and vehicle registration number to the other driver, anyone injured in the accident, and the police officer who arrives on the scene.

2. Call 911 and Help the Injured

Ohio drivers are not legally obligated to render aid to those injured in a vehicle accident. However, drivers must share their information with the injured person. If they injured person is unable to speak or comprehend, the driver is required to notify police of the accident.

Call 911 to report the crash and stay on the scene until police arrive.

3. Seek Prompt Medical Treatment

After a collision you may be stunned or worried about others, especially if family members were in your car. Of course you’ll look after your loved ones, but you also have to look after yourself.

Never refuse or delay medical care after a car accident. The at-fault driver’s insurance company can use that as an excuse to deny or minimize your injury claim.

If an ambulance arrives, let them examine you and take you to the hospital if they recommend it. If you aren’t taken directly to a hospital from the scene, go to an urgent care center as soon as possible, preferably the same day as the accident.

Tell the medical provider when and how you were injured. Be sure to discuss all your injuries, not just the most painful or obvious. You’re entitled to compensation for all your injuries, including sprains, cuts, and bruises.

4. Gather Evidence From the Scene

Because Ohio is a traditional fault state, you or your attorney must prove the other driver was negligent and caused the crash. The at-fault driver’s insurance company won’t pay without proof their insured is liable for the accident.

The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:

• Photographs and video of the crash scene
• Names and contact information from witnesses
• Your personal notes about the accident

5. Notify Both Insurance Companies

It’s a good idea to notify the at-fault driver’s insurance company of your intent to file an injury claim soon after the accident. Expect to get a reply with a claim number and contact information for the adjuster assigned to your claim.

If you’re handling your own claim, the adjuster might call with a quick settlement offer. It’s probably a low-ball offer and not in your best interest. Let the adjuster know you don’t want to discuss settlement while still under your doctor’s care.

If you decide to hire an attorney, they will handle all communications with the adjuster, including all written correspondence.

No matter who caused the accident, you must notify your own insurance company right away. Your auto policy likely has a notification clause, so you have a contractual obligation to let them know there was an accident. In return, your insurer has a duty to defend you if anyone in the crash files suit against you.