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Common Questions About Car Accident Claims

Q: Do I have to be a U.S. citizen to make an insurance claim? A: No. U.S. citizenship is not a pre-requisite to making an insurance claim, even if you are not here legally.

Q: How long do I have to file a lawsuit? A: Each state varies. In many states, you only have two years from the date of accident; minors usually have more time (they have until they are 20 years old in the state of Nevada, for example). It is critical to check with an attorney to make sure you know the right time limit for your case. Failure to file in time will forever bar your case and your recovery.

Q: What is the minimum automobile coverage I must carry in my state? A: In many states you have to carry a minimum of $15,000 per person $30,000 per occurrence liability coverage. However, I recommend you carry more: med pay, UM/UIM, towing and car rental coverage. I believe you should carry at least a $50,000/$100,000 liability policy.You will be surprised how low the premiums are. Check with your insurance agent to compare prices. Don’t wait until you are in an accident before realize you needed more coverage. These rules are governed by each state. Some states are “no-fault” states, meaning you only insure yourself. Check with state officials or your insurance agent to determine the minimum coverages and the types of coverages you need to carry.

Q: If I am cited by police officer or trooper in an accident, can I still collect a settlement? A: If you are cited for an infraction that was not the cause of the accident, you may still make a insurance claim. If you are cited for factors that caused the accident, you may still collect a settlement if you are not the primary cause of the accident—that is, more than 50 percent at fault. This is true if you live in a comparative fault state (like Nevada). Some states are pure contributory states, and even if you are primarily at fault, you can still obtain a settlement. Again, check your state’s statutes.

Q: Does the insurance company have to pay for all of my medical bills? A: The insurance must pay only for the bills that are reasonable in charge, necessary to your recovery, and related to the accident. Also, they are not required to pay for more than they contracted with their insured. For example, a $15,000 policy means they only need to pay $15,000, even if the case is worth $60,000.

Q: What if the other driver does not have any insurance? Can I still collect? A: If the other driver has no insurance, it will be much more difficult to collect unless you live in a no-fault state. Sometimes DMV can require that person to post a bond with them or they can no longer have a driver’s license. If the at-fault party has money, you may still recover, but it will be harder. The best thing is to carry uninsured and undersinsured motorist coverage on your own policy and let your insurance company worry about that.

Q: Will using my own insurance increase my rates? A: No in some states (such as Nevada): if you are not at fault for an accident, your insurance company cannot raise your rates, cancel your coverage or fail to renew you. States like Nevada expressly prohibit this by statute.

Q: How long can I treat for my injuries? A: In most states, as long you need to. But there other considerations, including the amount of insurance coverage available and whether the treatment you are receiving is helping you get better.

Q: Do I have to hire an attorney to help me with my claim? A: No, any person can represent themselves, but there are many good reasons why you should. First consultations are usually free, so it usually does not cost any money to investigate whether you should retain an attorney.