Car Accidents and Commonly Asked Questions

Car accidents are unpredictable and can occur in nearly any setting. Identifying the cause of the crash is critical for determining who may be legally responsible. However, the type of accident is also important, as it can influence the extent of the victim’s injuries and the value of the claim. Certain accident scenarios may even lead to assumptions about fault, which can impact how your case is evaluated.

To ensure your rights are protected from the beginning, it is wise to consult with an experienced car accident attorney. A skilled lawyer can assess the details of your case, answer your questions, and offer clear, reliable legal advice.

What Steps Should You Take After a Car Accident?

If you’ve been injured, your top priority should be seeking medical attention. If emergency transport is not needed, remain at the scene and collect contact and insurance details from all involved drivers. Try to get the names and phone numbers of any witnesses, as their accounts can support your claim. Use your phone to take photos of the vehicles, the accident scene, and any visible injuries.

How Long Do You Have to Notify Your Insurance Company?

Every insurance policy has specific terms regarding how quickly you must report an accident. It’s essential to review your policy and notify your insurer within the required timeframe. Failing to do so could give the insurance company grounds to deny your claim, even if it’s otherwise valid.

Is It Necessary to Call the Police After a Minor Crash?

Some states don’t require you to call the police after a minor accident with no injuries. Others only mandate reporting if there’s injury or property damage exceeding a set dollar amount. Still, calling the police is often beneficial. An official police report can help strengthen your insurance claim, even in minor accidents.

How Is Fault Determined After a Car Accident?

Determining liability usually involves a thorough investigation. While driver negligence is a common cause, others could also be at fault—such as employers, car manufacturers, or government entities. Investigators typically examine traffic violations, vehicle defects, road conditions, and witness statements to establish fault.

What If You’re Partially At Fault?

If you share responsibility for the accident, your compensation may be reduced based on your percentage of fault. For example, if you’re found 40% at fault and the other party is 60% at fault, you could recover 60% of your total damages. In some states, you may be barred from recovering compensation if your share of fault exceeds a certain threshold, such as 50 or 51%. A few states, including D.C., follow strict contributory negligence rules that prevent recovery if you’re even 1% at fault.

Is the Rear Driver Always at Fault in Rear-End Accidents?

While the rear driver is often presumed to be at fault, that’s not always the case. If the front driver stopped suddenly without signaling or failed to move off the road after a breakdown, they may bear some responsibility. Each case depends on the specific facts and circumstances.

How Long Do You Have to File a Lawsuit After a Crash?

The time limit for filing a personal injury lawsuit—known as the statute of limitations—varies by state. It typically ranges from two to four years. Claims involving only property damage might have longer filing windows. Regardless of the deadline, it’s best to begin the legal process as early as possible to preserve evidence and strengthen your case.

How Are Auto Insurance Claims Settled?

Insurance claims are typically resolved through negotiations between the injured party and the insurance company. Insurers often try to settle for the lowest amount possible, and initial offers may be significantly less than the value of the claim. It’s important to understand that insurance adjusters are looking out for the company’s interests. If a fair settlement can’t be reached, filing a lawsuit may be necessary.

What Is the Average Settlement Amount for a Car Accident?

There is no standard payout for car accident settlements. The amount depends on several factors, including the severity of the injuries, the medical expenses incurred, lost wages, and pain and suffering. Some insurers use a multiplier method to calculate non-economic damages, but each case is unique and should be evaluated by an attorney.

What Damages Are Covered in a Car Accident Settlement?

Settlements typically cover both economic and non-economic damages. Economic damages may include medical bills, lost income, vehicle repairs, and other financial losses. Non-economic damages relate to the emotional and physical impact of the accident, such as pain and suffering, emotional distress, and loss of enjoyment of life.

How Long Does It Take to Receive a Settlement?

The timeline for resolving a car accident claim depends on the complexity of the case, the extent of the injuries, and the strength of the evidence. Straightforward cases may settle within a few months, while more complex claims can take longer. If an insurance company is delaying payment without justification, you may be able to pursue a bad faith claim.

Can You Reject a Low Settlement Offer?

Yes, you are not obligated to accept an insurance offer that doesn’t reflect the full value of your claim. It’s common for the first offer to be lower than what you deserve. If you reject it, be prepared to negotiate—or take legal action, if necessary.

What Is Considered ‘Pain and Suffering,’ and How Is It Valued?

Pain and suffering encompass both the physical discomfort and emotional distress resulting from an injury. The compensation you receive depends on the severity of your injuries, the impact on your daily life, and the evidence you provide. Injuries that cause long-term disability or chronic pain often result in higher pain and suffering awards.

What Will Insurance Pay for a Totaled Vehicle?

If your car is declared a total loss, the insurer will usually pay the vehicle’s fair market value at the time of the accident—not what you originally paid for it. If you still owe money on a loan or lease, gap insurance can cover the difference between the car’s value and the remaining balance.

Can You Get Car Insurance After an Accident?

Yes, you can buy car insurance after being involved in an accident, but it won’t apply retroactively. If you were uninsured at the time of the crash, you would be personally liable for any damages. This could leave you facing significant out-of-pocket costs.

Can Someone Not Listed on Your Policy Drive Your Car?

Yes, in many cases, your auto insurance will cover someone else driving your vehicle with your permission. However, coverage may be limited or include higher deductibles. If the driver is unlicensed or inexperienced, or if your policy excludes them, the insurer may deny coverage.

Do You Need a Lawyer After a Car Accident?

You may not need legal help for a minor accident with clear liability and no injuries. But if your injuries are serious, or if fault is disputed, having a lawyer can make a significant difference. Most personal injury attorneys offer free consultations and work on contingency, so there’s no upfront cost to get started.

What Is the Typical Attorney Fee for a Car Accident Case?

Car accident lawyers usually work on a contingency fee basis, taking around 30–33% of the settlement. If you don’t win compensation, you generally don’t owe attorney’s fees—though you might still be responsible for other costs, depending on your agreement.

How Do You Find the Right Car Accident Lawyer?

Look for a lawyer who communicates clearly, understands your goals, and has experience handling car accident claims. Trial experience is a plus, as it shows the attorney is prepared to take your case to court if necessary. Don’t hesitate to consult with several attorneys before choosing the one who feels like the best fit.

Talk to a Car Accident Lawyer in West Palm Beach Today

If you were injured in a crash, the team at Donaldson & Weston is here to help. We offer free consultations and handle car accident cases on a contingency fee basis, so you pay nothing unless we win. Call us at 561-299-3999 or fill out our contact form to schedule your case evaluation today.