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Automobile Accidents FAQs

May 13, 2010

What should I do if I am involved in a car accident?

Who pays if I incur an injury due to an auto accident or my car is damaged?

What should I do if I did not feel hurt at the scene but experienced pain afterwards?

My insurance company is offering me a nice settlement. Should I take it?

What issues will I face in making a claim for my injuries sustained in an auto accident?

How will I pay for my medical bills?

My doctor notified me that I have a permanent injury as a result of my auto accident. What does this mean?

Am I at fault if I rear-end another vehicle?


What should I do if I am involved in a car accident?
First, you should seek proper medical attention. If you are able at the scene collect all pertinent information from the other drivers (i.e. driver's license numbers, address, phone number, insurance card information, etc.). Also, make sure to keep a daily journal, beginning with the date of the accident, to document all physical and mental injuries, as well as document your view of the accident. Immediately contact an attorney at The Law Office of Paul Hogan to obtain important information to help you with all your claims.

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Who pays if I incur an injury due to an auto accident or my car is damaged?
If you are not at fault, the other driver's liability insurance pays for your car damage and personal injuries. If you are to blame for an accident contact your insurance company. Your liability insurance will pay the other driver for property damage and injuries up to your policy's limits.

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What should I do if I did not feel hurt at the scene but experienced pain afterwards?
You should immediately consult your medical provider regarding any pain, discomfort or possible injuries from a car accident, even if you think they may be only minor injuries. If you were injured in the accident from someone else's negligence, you may be entitled to payment of your medical bills, compensation for pain and suffering, lost wages, loss of earnings capacity, and emotional distress.

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My insurance company is offering me a nice settlement. Should I take it?
No. Tell the insurance company that you will get back to them. In the meantime, contact an attorney at The Law Office of Paul Hogan immediately. Often an insurance company will offer a minimal amount of money in return for your signature stating that you will not sue them. Never take an insurance check without first consulting an attorney.

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What issues will I face in making a claim for my injuries sustained in an auto accident?
A claim for injuries is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The three categories of issues that typically arise in a tort claim after an automobile accident are:

  • Liability - who is at fault and to what degree.
  • Damages - injuries or losses that were caused by the accident.
  • Insurance Coverage - what the insurance company will pay for after an accident

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How will I pay for my medical bills?
If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will usually be sent to your address. You are primarily responsible for paying your bills, regardless of the cause of your injuries. In Kansas, the law requires what is called no fault insurance. So you can get Immediate medical treatment for your injuries, whether you have health insurance or not. No fault law means that no matter who's at fault in the collision your own insurance company will pay your medical bills up to at least $ 4,500 or more depending on your coverage amount. Then at a later time your insurance company has the right to claim reimbursement (the legal term is subrogation) from your recovery or make the claim from the party at fault or their insurance carrier. The at-fault person's liability insurance carrier is responsible for paying you reasonable compensation for damages incurred, which includes medical bills, but the insurance carrier is not responsible for paying your doctors, hospitals, and other providers. Sometimes the amount the insurance company is willing to pay is far less than the actual amount you owe. You need an attorney who will fight for your rights with the insurance companies to ensure that you are fully compensated.

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My doctor notified me that I have a permanent injury as a result of my auto accident. What does this mean?
A permanent injury is one that is going to either be with you for the rest of your life or for some period beyond the settlement of the claim. In most cases, the injured party is entitled to compensation from the at-fault party or their insurance company for all medical bills incurred to date and into the future for all injuries caused by the accident.

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Am I at fault if I rear-end another vehicle?
The law states that you must maintain a safe distance to be able to stop safely or turn aside if a car stops in front of you.

Contact us via email or call us at 866-303-1411. Also, visit our web site to learn more.

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