Auto Accident Knowledge 

Do I Need an Attorney After a Car Accident?

Simple answer: It depends.

At the very least, it’s likely a good idea to consult with an attorney. At J&J Claims, we often discuss car accidents with people who are surprised to learn they may not actually need an attorney. However, the tricky part is that until you consult with an attorney, it’s often difficult to know whether or not you need one. Even a minor car accident can raise various legal issues, from insurance coverage to handling medical bills. Unfortunately, only very minor traffic accidents are typically manageable without an attorney.

Most attorneys are willing to take an initial call regarding a car accident for free. Our office does this. There’s no harm in asking, and if it’s not with us, we encourage you to call a qualified firm to see if an attorney is truly necessary. If you do need an attorney but don’t seek one, it could impact your rights and your ability to fully recover.

Is the Other Party’s Insurance Company Required to Provide a Rental Car After an Accident?

Simple answer: No.

Depending on the provider, they may offer to cover a rental car if their driver is at fault, aiming to reduce their eventual liability costs. Most insurance companies have nationwide agreements with rental car companies, allowing them to rent at significantly reduced rates. Renting at this discounted rate is often cheaper than reimbursing you for the retail rental rate you’d pay on your own. So, while the other insurance company isn’t obligated to secure a rental car for you right away, it doesn’t hurt to ask. If they say no, it doesn’t make things worse.

Is the Other Insurance Company Required to Repair or Replace My Car?

Simple answer: Yes, if the other driver is at fault. No, if you are at fault.

Should I Accept the Insurance Company’s Estimate for Car Repairs?

Simple answer: No, absolutely not.

This doesn’t mean that all insurance estimates are bad. Most insurance companies work with trained, reputable repair shops to assess damage. However, there are times when the estimate may include non-original parts or other cost-cutting measures to reduce expenses. We always recommend getting an independent estimate for your vehicle repairs. While most repair shops require appointments, they often provide estimates free of charge.

There can be advantages to using a repair shop recommended by the insurance company. These shops often offer better warranties on repairs as part of being a preferred provider for that insurer. This is a great example of why it’s worth asking questions to make the best decision.

Is the Other Driver’s Insurance Company Required to Pay My Medical Bills?

Simple answer: Probably.

This depends on several factors, with the most important being who is at fault. Let’s assume the other driver is at fault. In that case, their insurance should cover your medical expenses. However, the more significant question is when they will pay. Typically, insurance companies won’t pay anything until the entire claim is resolved. In other words, they won’t send you checks weekly—they will only pay once a final settlement is reached.

Be cautious if the insurance company offers money for medical expenses. They will likely ask you to sign something in return. It’s crucial to understand what you’re agreeing to before accepting any payment. You could be waiving your entire injury claim, including lost wages, pain and suffering, and even vehicle damage, in exchange for a small medical payment of $500.

Is the Insurance Company Required to Compensate Me for the Diminished Value of My Car?

Simple answer: It depends.

When a vehicle is damaged, its resale value often decreases. Ask yourself, would you want to buy a car that’s been in an accident? Probably not. You can never be sure of the full extent of the damage or whether repairs were done perfectly. Even at the best repair shops, the paintwork may not look brand new. For these and other reasons, a car’s value typically decreases even after repairs.

A few years ago, our Supreme Court ruled that lost value is considered a compensable loss, just like any other damage. So, if the other driver is at fault, they should compensate you not only for repair costs but also for the diminished value caused by the accident. This can be a costly element of loss, and many first-party insurance policies—that is, your own insurance—do not cover this type of loss. Often, your policy will pay for repairs when you’re at fault or when the other driver is at fault, but it won’t cover diminished value.

This is a specific and complex issue, and since every insurance policy is different, consulting with an attorney can be crucial to understanding your rights.

Should I See a Doctor After an Accident?

Simple answer: If you're injured, yes.

In most car accidents, the most severe symptoms may not appear until 3–5 days after the incident. While we don’t provide medical advice, our experience with clients and personal involvement in car accidents has shown us that accidents can cause various muscle tears and strains, which may place pressure on nerves in the back. Spinal discs can also become herniated. The tricky part is that, right after an accident, the body tenses up reflexively as a protective mechanism, and this state can become more pronounced over several days.

Another issue is that initial pain and discomfort from the impact can mask more serious issues. Many clients have reported tingling or numbness in their arms or legs, only realizing its significance months later. The challenge is that such symptoms can sometimes be due to inflammation rather than a severe problem, which may subside with time. It’s essential to have the opportunity to assess and move past the initial shock and trauma of the accident to ensure there are no lasting medical concerns.

If you’ve been in a significant accident, you should see a doctor even if you don’t feel “that” sore. If you hit your head, experience severe headaches, or have muscle stiffness, it’s crucial to seek medical attention. If you experience tingling, numbness, or shooting pain in your arms or legs immediately following the accident, you should go to the emergency room that same day. As mentioned, every case is different. While some people visit the ER unnecessarily, the old saying “better safe than sorry” certainly applies here. If you’ve had an accident and feel completely fine, let common sense be your guide.

Is the Other Insurance Company Required to Pay My Lost Wages?

Simple answer: Probably.

But the more critical question is when they will pay. Assuming you’re not at fault, the other driver is responsible for all of your damages, including lost wages. However, as mentioned earlier, the insurance company will likely wait until the entire claim is settled before paying anything. So, while the other driver’s insurance should cover your lost wages, they won’t do so until the case is fully resolved.

The good news is that if you have Personal Injury Protection (PIP) coverage on your own insurance policy, most PIP policies will cover some of your lost wages. This won’t be a dollar-for-dollar replacement, as most insurers have a formula they use. However, it should cover a portion of your lost income. Keep in mind that the same PIP coverage is also used for your medical expenses, and there is only one coverage limit. For example, if you have $10,000 in PIP coverage and use $5,000 for lost wages, only $5,000 will remain for medical expenses. If you have general health insurance, it should cover your medical bills once PIP coverage is exhausted.

Will a Car Accident Affect My Insurance Premium?

Simple answer: Probably.

If the accident is not your fault, it shouldn’t affect your premiums. However, some insurance companies view any accident as a reason to increase premiums. As with many things, this can vary significantly by insurer, and once an accident occurs, there is often little you can do to change how it impacts your rates.

What Happens If the Other Driver Is Uninsured or Underinsured?

Simple answer: A few things can happen.

First, the at-fault driver is responsible for all damages they cause. Insurance only covers up to the purchased limits, but it doesn’t limit the driver’s financial responsibility. If the driver who hit you is uninsured or underinsured, they are still liable. The problem is that drivers with low insurance limits often don’t have much money—that’s usually why they chose low coverage in the first place. So, even if you win a claim and get a judgment, they may not have the funds to pay beyond what their insurance provides.

Second, if the other driver is uninsured or lacks sufficient coverage, hopefully, you had the foresight to purchase Uninsured/Underinsured Motorist (UIM) coverage. This is coverage you buy under your policy, which pays if you’re injured by a driver without adequate insurance. If you have UIM, it will cover your damages up to your policy limits, beyond what the other driver’s insurance can provide. Usually, UIM won’t pay until the other driver’s insurance has reached its limit, or if the other driver is uninsured, your UIM coverage will step in. In either case, UIM only pays up to the limit of your coverage.

Who Is at Fault in an Accident Caused by Opening a Car Door?

In cases where a car door is opened carelessly, especially on a street where cars are passing, determining fault often depends on the specific circumstances. When street-parked, drivers may need to step into the road to open their door, or while driving, you might see drivers suddenly open their doors to get in or out of a parked car. As drivers, we typically check for oncoming traffic before carefully opening our doors, or we give space if we see someone about to enter a parked car.

However, accidents frequently occur when an open car door unexpectedly blocks a passing vehicle, leading to a collision. We've seen cases where a door was left open for a phone call, and a passing car struck it, resulting in claims for damages.

So, who’s at fault? Generally, the person opening the door is at fault when their action obstructs traffic or causes an accident. While each situation can vary depending on surrounding factors, liability often falls on the person opening the door if it disrupts traffic flow or endangers others.

It's important to open car doors carefully, checking thoroughly for any oncoming vehicles, and to avoid opening doors into traffic unless it’s absolutely safe. Prevention is key—by being mindful and double-checking before opening a door, many such accidents can be avoided altogether.

Compensation for Loss of Earnings After a Traffic Accident

Many people wonder how compensation for damages is calculated after a traffic accident, especially when it involves lost income due to injuries. Today, let's discuss cases where income loss occurs because of an injury from a car accident.

If you suffer injuries in a car accident and need treatment, hospitalization, or surgery, which prevents you from going to work or performing regular income-generating activities, you may be entitled to compensation for your lost earnings. However, it’s essential to note that compensation for loss of earnings is limited to cases where income loss is directly related to injury recovery.

For example, suppose a truck driver is involved in a minor accident but chooses not to undergo treatment due to a lack of significant injury. The truck itself, however, requires extensive repairs, which will take a significant amount of time. The driver, who relies on the truck for income, wants to seek compensation for lost earnings due to the vehicle's time in the repair shop. In this scenario, the driver would not be eligible for compensation for lost earnings since the income loss stems from vehicle damage, not from injury recovery.

If, however, the driver was also receiving medical treatment and recovering during the repair period, partial compensation might have been possible. The key point here is that loss of income due to vehicle repair time is not compensable. Compensation for loss of earnings is only available when income loss is caused by injury recovery, not vehicle downtime.

It’s always best to follow the treatment process as recommended by a physician rather than self-assessing, as injuries can have delayed effects. Consult your attorney for guidance, and make sure you get medical clearance before deciding that you're fully recovered.