Q: I have been in an auto accident. What should I do?
A: If you are in a car accident, you should call the police immediately if you suspect the other driver is impaired or has violated any laws, and request immediate medical attention if you or a passenger are injured or in pain. It is also important for you to gather information from the other driver(s) involved, such as:
- Name, address, telephone number of the other driver(s),
- License plate number and driver's license number,
- Name and contact information of the registered owner of the vehicle;
- Insurance company name, and
- Insurance policy number.
If there were any witnesses to the accident, you should get their names and contact information as well. You should also contact your insurance company as soon as possible, providing them with the contact information of any witnesses and any injured persons.
Following the accident, you should promptly see a doctor if you were injured or experience any pain. Be sure to preserve documents relating to the medical care you received due to your injuries, such as medical bills. Further, you should take photographs of the accident scene, car damage, and personal injury you suffered. It is also important to obtain information regarding the lighting and weather conditions at the accident scene.
To ensure that your rights are protected and appropriate information is gathered and preserved, contact an attorney specializing in personal injury law.
Q: If I was injured, who pays the medical bills?
A: Texas requires every vehicle registered in Texas to have automobile liability insurance. The minimum amount of liability coverage Texas requires are the following:
- $25,000 for bodily injury or death of one person,
- $50,000 for bodily injury or death of two or more persons, and
- $25,000 for damage to someone else's property.
With the proper coverage, your insurance carrier should cover your medical expenses. If, however, you are involved in an accident where the other driver was responsible for the accident, and your expenses exceed the minimum insurance coverage of the other driver, a personal injury attorney can file a lawsuit against the other driver to ensure that you are fully compensated for your injuries and expenses.
The person causing accident is ultimately responsible for the accident; however, the auto policy will not pay for your bills as you go. Two examples of types of insurance that do pay as you go on medical bills are health insurance and personal injury protection, which is on some auto policies. The reason we provide a Letter of Protection for some medical care is because our clients often do not have those types of insurance that pay medical immediately, yet they need immediate care. The Letter of Protection confirms that the insurance presently available to pay for the medical treatment is automobile liability insurance carried by the negligent party. Under the terms of the policy, the insurance company is required to pay any damages caused by their insured's negligence (although this fact may not be revealed to a jury if this case goes to trial.) The Letter of Protection simply confirms that any medical expenses will be with held from any recovery obtained from the liability insurance company, and will be paid directly to the medical care provider. Our law firm does not personally guarantee payment and assumes no responsibility for paying bills if there is no recovery from the liability insurance company.
Q: What should I do if I can't pay my medical expenses?
A: We understand that there are times when people are unable to pay for their medical expenses after an accident, because they may not have adequate insurance coverage. Childs Bishop & White P.C. aims to help its clients as much as possible. This is why we provide letters of protection, which permit our clients to receive medical treatment without having to pay up front.
A letter of protection is a document that is presented to a doctor from whom the client receives medical treatment. The document promises that if the client's case is resolved in his or her favor, then the client's medical expenses will be deducted from the client's recovery or settlement in the case.
It is important to note, however, that letters of protection do not exempt the client from paying the medical bills if the case is somehow not resolved in the client's favor. Clients are still obligated to pay for their medical treatment regardless of the outcome of their case.
Q: I didn't feel any pain right after the accident, but after some time passed I am experiencing pain that appears to be related to the accident. What should I do?
A: Often times, people do not feel any pain right after the accident. After some time, the pain begins to appear and might affect the person's ability to carry on day-to-day tasks, such as going to work. You should seek medical treatment and contact your health and car insurance provider, so that you can obtain compensation for your medical expenses.
Additionally, if you are considering suing the other driver involved in the accident, you should be aware that Texas generally allows individuals up to two years from the date of the accident, or the date the injury was discovered, to file a lawsuit. While two years may seem like a long time, it is important to take immediate action if you have been injured in an accident, because witnesses' memories fade over time, and valuable evidence may be lost. Prompt action will ensure that your rights are protected.
Many people are so shocked by an accident and have lots of adrenaline flowing, so they don't really focus on their pain because they are so worried about damages to their vehicle and getting to work the next day. Also, many people feel pain, but do not think it is serious. This is why it is so important to get to a doctor to get a medical evaluation as soon as possible. Many people also need to contact a lawyer immediately due to governmental entities being involved in causing the accident.
Seek Experienced Legal Counsel
If you or someone you know has been seriously injured in an auto accident, or your loved one has died as a result of injuries sustained in an auto accident, an experienced personal injury attorney will help you obtain the recovery you are entitled to. For a free initial consultation with an experienced and committed Texas personal injury attorney, contact Childs Bishop & White P.C. Our office is bilingual in English and Spanish, and we welcome Spanish speaking clients. Contact us for immediate assistance with your personal injury or wrongful death matter.