1)     Total Loss of Your Vehicle

When your unit is considered a total loss or is “totaled” you may ask for a rental for up to 30 days after an accident with most insurance coverage. You may start looking for another vehicle and can also verify the vehicle payoff amount with any financing lender you may have. Compare amounts with newspaper ads or the Kelly Blue Book values or with local dealerships. Always check around and if the insurance carrier offers an amount smaller then what you have seen, consult your attorney for advice. An experienced personal injury attorney can also help with negotiations on the amount for a fair settlement on property damage.

2)  RENTAL VEHICLE:   You may need a rental car because your car is not drivable or your car is being repaired.  If your vehicle is drivable, you will not be entitled to a rental car until the vehicle is in for repairs and the at-fault driver's insurance has accepted liability. One should coordinate the rental with repair of your vehicle through the property damage insurance adjuster, which is usually different, then the injury adjuster.  Again, do not discuss the case or your injuries with any adjuster.  At Cary Schulman Law Firm, we assist you in obtaining a rental at no charge.

If your vehicle is not drivable due to an auto accident, you have the following three options:

a.         Secure a rental vehicle on your own and we will seek reimbursement when we settle your case. Of course, we may have to file a lawsuit and if so, will seek reimbursement in the lawsuit. Keep in mind that there is no guarantee you get reimbursed and if file a lawsuit on the rental as well, a fee is charged.  Get a vehicle in a similar "class" as yours and be reasonable as you are netitled to a rental which is identical or a reasonable substitute. 

b.         Wait until the adjuster determines liability and they will put you in a rental vehicle with our assistance and pushing of course. However, there may be a delay depending on the adjuster, the insurer, and how busy they are.

c.         If you have insurance and you have "rental coverage" you can immediately get a rental vehicle through your insurance.

3.  PROPERTY DAMAGE- If the at fault driver's insurance company accepts liability, they should start the repair process. You may take the vehicle to any shop you want and have the shop repairmen call the adjuster. The shop and the insurance company will do the work. If liability is unclear or the other driver's insurance is delaying repairs, you may have your own insurance repair the vehicle immediately. It is up to you. Remember, you may choose any shop to do the repairs. Simply take your vehicle to the shop of your choice and have them call the property damage adjuster. You may speak directly with the adjuster handling the property damage, but do not discuss your injuries or the case. Again, if the at-fault driver's insurance is not accepting liability for the accident or if they are investigating liability, you may have your insurance company repair the vehicle and your insurance company will seek reimbursement from the other insurance company. This always speeds up the repair of your vehicle as the other insurance company does not owe you a legal duty to do so if they believe a long investigation is warranted.

4.      Attorney-Client Privilege

The attorney-client privilege protects the communications between an attorney and his client and keeps them confidential. Therefore, our communications with you, both written and oral, are completely private and confidential and should never be disclosed. The attorney/client privilege is crucial to the American Justice System because it allows citizens to freely speak with their lawyer without fear of it being disclosed. However, there are a few exceptions to this privilege. For example, an attorney must disclose information that he or she believes will prevent death or serious injury to another person, and in instances in which the attorney must defend himself in a suit for legal malpractice. Additionally, the privilege does not apply if the client is seeking the services of the attorney to assist in a future fraud or crime.

5.      UM/UIM

Texas laws require that every driver carry a minimum of $25,000 liability insurance per person on their vehicle, which is often not enough to cover the damages from an automobile accident. Additionally, there are many drivers who drive, illegally, without any insurance at all. For these reasons, it is a good idea to carry uninsured/underinsured (“UM/UIM”) coverage on your insurance policy. If you show that you were injured by an uninsured or underinsured motorist, your UM/UIM policy should pay for liability that exceeds the amount that the at-fault party’s insurance will pay, or all of your damages if the at-fault party is uninsured.

You or a member of your family or household must carry UM/UIM coverage in order to make a UM/UIM claim. However, that does not guarantee that your insurance carrier will readily pay on a UM/UIM claim despite the fact that it is coverage you have been paying them for. Although you are paying the premiums for UM/UIM coverage, your insurer may come up with many excuses as to why they do not want to pay on your UM/UIM claim. Our firm and the experienced personal injury lawyers here are familiar with all the insurance carriers’ arguments and can aggressively represent your interests to get the settlement you deserve.

6.      Attending Visits to Doctors

Post-accident treatment for injury sustained in an accident is very important to your case. If you have been injured and are seeing a health care provider for treatment of your injuries, there are some important items to remember:

a)   Be diligent about seeing the health care provider when scheduled so that the doctor can properly evaluate your injuries and timely treat your injuries. Lapses in treatment or missed appointments will cause the insurance carrier to question the seriousness of your injuries or your own interest in the treatment and therefore, negatively affect the value of your case.

b)   Talk to your doctor about every aspect of your pain and injuries so that these will be included and documented in your medical records. These documents are used during the negotiations of your case and are important in obtaining the fairest settlement.

c)   Continue treatment for as long as is necessary. You are less likely to be fully compensated for pain you may have if you discontinued your treatment. However, keep in mind that running up medical bills unnecessarily will be viewed with suspicion. The medical attention you receive should be reasonable and necessary.

d)   If you need to see a medical provider and do not have health insurance or cannot afford to see one, let us know. We can usually assist in getting a medical provider to treat you on the promise we will pay him later after we settle.

 5)  What do you do after an accident?

There are things to remember that must be done promptly after the accident. First, exchange insurance information with any other units that are involved. Always keep a disposable camera in you vehicle and take pictures of the other units that are involved in accident. Pictures of streets, the location, and of the weather the day of the accident will be helpful. It will also help with obtaining fair reimbursement for property damage. Also take notes of how the vehicles were positioned after the accident. Obtaining the phone number and address of any possible witness may also be crucial in a case.

Then call in a police report of the accident. Receive medical attention as soon as possible for anyone in the incident. Also, take pictures of all injuries that were caused by accident, including bruises, scratches, and cuts. It would be helpful if a notebook or diary is started with all the details about the accident, your injuries and expenses.  Include in the diary any questions you have for your doctor or attorney.

 6)  Things NOT to say:

1. Do Not:        Admit fault or apologize.

2. Do Not:        Tell anyone that you’re “OKAY”. The pain always comes after the accident. Usually during an accident you may have an adrenalin rush and won’t feel anything for a few hours or a day after wards.

3. Do Not:        Discuss the case with anyone besides your attorney or your doctor.

4. Do Not:        Sign anything that you are not sure of until your attorney reviews the case.