Please remember that these questions and answers are
intended to assist you in trying to determine what to do after an
accident.
Usually that is calling a lawyer
Answer: You should seek immediate medical attention
and follow the doctor's orders. If you are able, you should get the
names, addresses, telephone numbers of any other person involved and
other pertinent information the situation requires. If you are not
able to do so, someone else should do it for you. As soon as you are
able, you should consult a lawyer. Meanwhile, you should not make
any statements to anyone about the accident. You should not settle
your case by yourself. DON'T SIGN ANYTHING!
Answer: Yes. It is important to have an officer
come to the accident scene. He will generally write an accident
report and help you get information from the other driver. In some
cases it is imperative that the police be called, such as hit and
run accidents.
Answer: Anything you can. The other parties name,
address, license number, insurance company and vehicle information.
Witness name and address. Our accident forms should give you an idea of what you will need. If
you print the two page form and keep it in your car you can
reference it if you are in an accident.
Answer: Yes. Find out their name, telephone number and
address. If you feel uncomfortable talking about details at the
accident scene, then have your lawyer or insurance company call the
witness later. You must though at least get their telephone numbers
and names. You should have this information regardless of whether
you believe the witness is favorable or not.
Answer: If your own negligence was a more than 50% of
the cause of the accident, you will barred from any recovery under
the doctrine of comparative negligence.
Answer: Always. You are under a contractual
obligation to give your insurance company notice of an accident
within a reasonable time. The other insurance company can deny
coverage years after the claim is first made. You want to have
properly reported the accident to protect your possible uninsured
motorist claim.
Answer: As long as you, or the car you were in, has
insurance you need not worry. All policies in New Jersey must
include uninsured motorist coverage. Your insurance company will
then be responsible for all your damages, including pain and
suffering and property damage.
Answer: First call the police. In most policies you
are required to report a hit or run accident within 24 hours to the
police in order to make the claim. Even if the police do not come to
the scene, you must at least call them and report that you have been
in an accident. The claim is then handled by your insurance company
as an uninsured motorist claim.
Answer: Yes and no. How about that for a lawyer
answer. You do need to cooperate with the insurance company in the
investigation of your claim. This can include giving a recorded
statement. The no part of the accident is DO NOT DO ANYTHING UNTIL
YOU TALK TO A LAWYER!
Answer: Never, unless your attorney consents,
prepares you and monitors the statement. These statements,
regardless of insurance company claims to the contrary, are never
the difference between them paying or not paying a claim. You have
no legal obligation to give a statement, the carrier will always, if
possible, use the statement against you.
Answer: Loss of use of your vehicle is a recognized
damage for which you have a right to be compensated.
Answer: If you have collision coverage on your car
use it. Your insurance company will fix the car and attempt to
recover both the money they pay and your deductible through a
process called subrogation. If you do not have collision coverage
move your car to a place that will not charge storage. You may need
to repair the car yourself, and ask the other insurance company to
reimburse you. If the company does not agree it may be necessary to
litigate this part of your claim.
Answer: Not if you have collision coverage. Your
insurance will cover the car rental while your car is being
repaired.
Answer: If the cost to repair your car is greater
that the value of your car, then the vehicle is a total loss. The
legal doctrine of mitigation of damages applies - the carrier is
only responsible for the least reasonable amount of damages. The
decision to total a vehicle is theirs to make.
The value of your car is set by the market. Guides such as the
NADA of Kelly Blue Book are one way to determine value. Some
insurance companies will call local dealers to get quotes on cars or
similar make, model, year and condition. The
Kelly web site is a good place to
start to find out what the value of your car is.
Unfortunately people often owe more than the value of their car.
The market value will decrease faster than the balance of their
financing agreements or leases. In these cases you need to contact
the lien holder and attempt to refinance the balance owed.
Edmunds offers on-line
information about the value and costs of new and used cars, as well
as tips on looking for a new or used car.
If you are mechanical or have concerns about the repair
estimates there are on-line sites such as the Automotive Resource and
Research Center that can give you valuable information.
Answer: This is not uncommon. Most doctors agree
that it can take up to 72 hours for soft tissue injuries to become
symptomatic. Some other medical providers believe that in some cases
it take a week or longer. If you are feeling pain one, two, three or
more days to feel pain, still go and see a doctor. If you wait to
long after the onset of pain it may make it more difficult to
convince a jury that the problems you have are from the accident.
Never though make a decision to see a doctor based solely on that.
If you are hurt, go to doctor.
Answer: If you can be sure of anything in personal
injury it is that insurance company hired doctors are as cynical as
the insurance carriers. If the doctor starts with the assumption
that you were not hurt, then you have a right to question the
treatment and consideration the provider would give you. Do not see
an insurance company doctor for treatment. Your no-fault carrier has
a right to have you examined by a doctor of their choice. Consult
with your lawyer if you are asked to participate in such an exam.
Answer: You may have a "case" if you have been
seriously injured due to the negligence or fault of someone else.
You may have a "case" if a family member has been killed due to the
negligence or fault of someone else.
Types of negligence cases include:
- Serious injuries from automobile,
truck, motorcycle or bicycle accidents.
- Injuries at work due to the
negligence or fault of someone who was not your boss or your
coworker. For example, an automobile accident where the other
driver was at fault or an injury from defective machinery or tools
which the manufacturer knew or should have known was defective.
- Injuries at work where your boss
or your coworker deliberately injured you or exposed you to a
toxic substance.
- Injuries from defective products,
tools and machines which the manufacturer knew or should have
known were defective.
- Injuries from slips and
falls/unsafe premises.
- Injuries occurring when someone
intentionally injures you.
The best way to find
out if you have a "case" is to consult a lawyer. You can call us at
(908) 561-7778 and set up a FREE initial consultation with one of
the lawyers in our firm who can review your situation and evaluate
whether or not you are entitled to recover.
Answer: You will be meeting with an attorney or a
paralegal and a specialist with many years of experience in the
field. She will take the basic information from you that we need for
our files. Because of our experience with cases like yours and
because we have an incredibly sophisticated system, we are capable
of maintaining and processing your case efficiently and accurately.
Answer: The more information you give us, the
better we can maintain your file. The following is a check list of
information that we will need:
- Accident Information Checklist
- Names and addresses of all
parties involved in the accident.
- Names and addresses of all
witnesses that might have seen the accident.
- The police report number, if
possible.
- All information given at the
scene of the accident.
- A description of what happened.
- Copies of all medical bills as
you receive them.
- Insurance information (The first
page of your Auto Insurance policy of the accident involved an
automobile)
- Accurate records of lost wages or
time off for doctor appointments
Answer: The most important thing you can do is GET
WELL! Do exactly what your doctor tells you to do. That includes
going to physical therapy as often as prescribed. Don't worry about
the money, we'll make sure the doctor gets paid.
Answer: We will discuss your options. First, it is
important to obtain a written estimate of the damage from an auto
body shop, and bring it to your attorney. He/she will forward it to
the proper insurance company.
Answer: The more records we have, the more
prepared we will be to settle your case. Keep a daily record of what
is happening to you from the day of the accident onward. This should
include your medical problems, lost time from work, and how you are
feeling.
Answer: Absolutely no one without our
permission. Insurance companies and lawyers for insurance companies
may try to contact you. Do not give them any information. This could
be harmful to your case at a later date.
Answer: Generally, your case will not be settled
until you are fully recovered. Of course, this varies with each
person. Obviously, if you are injured badly, your case will take
longer to settle. The more rapidly you get well, the sooner we can
settle your case. Therefore, it is imperative that you do everything
your doctor says.
Answer: No one can give an estimate or predict what
your case is worth. The amount that you receive will depend on a
number of factors, including the severity of your injuries. Getting
back your health is more important than the money. Make that your
number one priority.
Answer: Generally, you will make a claim for medical
expenses, pain and suffering, and loss of wages, What you ultimately
will recover depends upon the strength (or weakness) of your case.
Every case is different
Answer: The following are all examples of what
someone is entitled to after an accident:
- Property damage;
- Medical bills, past and
future;
- Lost wages, past and future;
- Rehabilitation casts,
including vocational rehab;
- Pain and suffering (emotional
trauma).
The amount your case is worth
depends on the severity of your injury. Many back and neck
injuries will resolve, without residuals, within eight weeks.
Other injuries can result in surgery. Value of the case depends on
the injuries, extent and duration, and other losses you suffered.
Answer: This is the time proscribed by law in a
jurisdiction to bring a claim. For example, in New Jersey a claim
must be brought within two years. If the period passes and suit is
not brought then you are barred from recovery. The statute for
minors usually begins to run after the child has turned eighteen.
There are different statutes for claims against governmental
entities, administrative claims and medical malpractice claims.
Answer: Yes. An attorney can help you recover your
lost wages, property damage, medical bills and pain and suffering.
Also, the only way to get fair compensation is through an
attorney. Only an attorney knows what your case is worth. We have
the experience to see your case through a successful conclusion.
Answer: New Jersey's is a "No-Fault" state. This means
that no matter who is at fault for an auto accident, your PIP
coverage under your auto insurance policy will pay for your medical
bills.
 Answer:
P.I.P. stands for Personal Injury Protection. Basic coverage in New
Jersey provides for the payment of all of your accident related
medical bills with a deductible amount and co-pay amount. Unless you
made a specific choice when you selected coverage, you have a
$250.00 deductible, with a 20% co-pay up to $5,000.00. This means
that if your medical bills exceed $5,000.00, the most you should
ever pay for your medical bills is $1,200.00. PIP will pay up to
$250,000.00 in medical bills.
Answer: No, since New Jersey is a "No-Fault" state,
your rates will not go up if you make a claim.
Answer: Our office will help you in processing your
application for state disability benefits. If you are injured in an
auto accident, PIP will pay a minimum of $100.00 per week up to one
year. Our office will also assist you in seeking these PIP benefits.
Answer: Minimum liability coverage in New Jersey is
$15,000.00 per person, $30,000.00 per accident. If you have injuries
that exceed that minimum amount, you may be eligible to recover from
your own insurance policy. This will not affect your coverage rates.
Answer: The Verbal Threshold is a law that limits a
person's rights to sue for pain and suffering. If you have not
specifically selected "No Threshold" coverage, then you are
automatically subject to the Verbal Threshold. Therefore, unless you
have an injury that fits into one of nine defined categories, you
will not be able to sue for injuries. Fractures, lacerations, and
any more serious injuries, will make the Threshold inapplicable. If
you were involved in an accident with a "commercial vehicle" then
you will not be subject to the Verbal Threshold.
Answer: Your injuries may overcome the Threshold.
Please contact our office to discuss your injuries.
Answer: One unique aspect of the field of injury
law is the existence of the contingency fee arrangement which is a
percentage of the net recovery, if any. This fee is often one-third.
If there is no recovery, there is no attorney's fee. There may be
other costs, however, such as for doctors, medical records, etc.
This arrangement permits the victim to employ the services of a
competent attorney, one capable of pursuing the appropriate legal
theories and devoting the necessary financial resources. At a time
when the victim cannot normally afford to incur hourly legal charges
or to engage expensive investigators or experts, the contingency fee
arrangement assures that the victim's rights can be protected and
pursued. The victim's lawyer traditionally agrees to charge a fee
for services only if the claim is successful and only in an agreed
percentage of the economic recovery actually made. When the
wrongdoer is usually well represented by professional adjusters,
investigators, experts, and defense attorneys, the victim benefits
tremendously from the ability to retain a skilled advocate on a
contingency fee basis.
The law office
of Mongello & Scialabba offers a FREE initial consultation
for accident, personal injury and product liability cases.
Contingent fee arrangements are available.
We want you to call us if you have a question.
The only "dumb" questions is the "un-asked " question.
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