FAQs

Car Accidents

Car accidents are physically, emotionally, and financially traumatic events. Following a serious accident, many victims are unsure where to turn or how to move forward. To help guide you through this process, the team at Greene & Phillips has compiled some of the most frequently asked questions about car accident cases.

What should I do immediately after I am in an auto accident?

To protect yourself and your rights, follow these steps immediately after a car crash:

1. Get to a safe location if you can.
2. Call the police and ask them to create an official accident report.
3. Get medical attention as soon as possible.
4. Speak with an experienced auto accident attorney.

Should I take pictures at the scene of my accident?

Yes! Pictures of the damage to your vehicle can help demonstrate the severity of your accident and might assist in making a determination of fault. Having this evidence on hand can be invaluable when insurance companies refuse to acknowledge the seriousness of your situation.

What should I take pictures of just after an accident?

Take pictures or a video of your vehicle after the accident. You can also take photos of the accident scene and the other vehicles involved in the crash.

How soon after the accident should I get a lawyer?

Contacting an attorney as early as possible can help get and keep your case on track. Our attorneys are experienced at handling car accident cases and knowledgeable about how various Alabama laws can affect your case. We are here to help you understand your options and protect your rights to recovery. Learn more about the questions you should ask a lawyer before hiring them.

Why do I need a lawyer after an auto accident?

Auto accident claims can be complex, and insurance companies are primarily focused on protecting their financial interests instead of helping you recover. Having a personal injury attorney in your corner can level the playing field and protect your rights to the full and fair compensation you deserve from the responsible parties.

Can I get reimbursed for the time that I’ve had to take off from work due to my car accident injuries?

Yes. If someone else was responsible for your injuries, you shouldn’t have to use your paid time off or go without wages after a car accident. We can help you get the compensation you deserve, which may include reimbursement for lost wages.

What if I’m partially at fault for the accident – should I still get a lawyer?

Alabama follows a “pure contributory fault” doctrine, which may prevent you from recovering compensation if you are found to be partially negligent, even 1%. That said, you should still at least speak with an experienced auto accident attorney to assess your case and legal options. After having your case evaluated, you will know for sure whether or not you will be able to file a claim for damages.

What should I do if I have injuries resulting from an auto accident, but my insurance won’t cover it?

Sometimes there are valid reasons for a claim denial. But oftentimes, insurance companies are simply looking for an excuse not to pay and assuming you won’t put up a fight. Since many of the reasons these companies use to deny claims can be countered, we recommend working with a competent attorney that will fight for the compensation you deserve.

What should I say if another driver’s insurance company contacts me?

You are required to promptly notify your insurance company after an accident. Beyond that, you have no obligation to speak to someone else’s insurance company, and we recommend you do not.

What if a loved one suffers a traumatic brain injury from a car accident, who can recover damages on their behalf?

A traumatic brain injury (TBI) can be life-altering for the accident victim and their loved ones. If an accident victim is incapacitated and unable to represent themselves during a lawsuit, a family member or other legal representative may be able to pursue damages on their behalf.

Who pays my medical bills after an accident?

Ultimately, the insurance company of the at-fault driver should be responsible for paying your medical bills. In some cases, our office can work with medical providers to cover treatment on a lien basis until your case is resolved.

How long do I have to file an injury claim?

Personal injury cases are time-sensitive matters. While you have two years from the date of the accident (in most cases) to file a lawsuit, you should never wait this long to take action. Evidence and witnesses can disappear quickly, and you will have more credibility if you file an injury claim immediately following the accident. Even if some time has passed since your crash, contact us for an assessment of your situation.

How is the value of my case determined?

No two car accidents are the same, so case values will vary. Certain circumstances can increase or lower the value of your accident claim, and this is not something you want to leave to chance.

Some of the factors that will impact the value of your case include the amount of your lost wages, medical expenses, and property damages, and the extent of your permanent injuries and pain and suffering. When you work with our law firm, we can give you a thorough assessment of your options.

What are the steps in a claim for an accident?

Once you have filed a claim, the insurance company will investigate and make its determination. After you complete your medical treatment, we will begin negotiating a fair settlement with the insurer. If we need to file a lawsuit to get the most positive result, we are prepared to do this.

How long will my personal injury claim take?

That depends on the seriousness of your injuries and the insurance company. It could take anywhere from six to nine months to reach a settlement agreement. If we need to file a lawsuit, your case may not go to trial for another one to two years.

Can my case settle before court?

Of course. In fact, most personal injury cases settle before going to trial, because it is generally in everyone’s best interests to do so. Even if we decide to file a lawsuit, your case can settle at any point before the court returns a verdict.

How are passenger claims handled?

According to the Alabama Guest Statute, you cannot make a claim against the driver of a vehicle in which you were a passenger, even if that driver was negligent. But there are some exceptions to this rule. If you are injured as a passenger, regardless of who is at fault, speak with a knowledgeable Alabama car accident lawyer about your rights.

Do I have a claim if I was involved in a hit and run?

If the responsible driver flees the scene of the crash, you will have to file a claim with your insurance company. You may be forced to pay out of pocket unless you have underinsured/uninsured motorist coverage. Let us review your claim for free to assess your case.

Will I have a claim for emotional distress?

It’s a strong possibility. A person injured in Alabama by the wrongful conduct or negligence of another party is entitled to recover “pain and suffering” damages, which includes compensation for emotional and mental anguish that results from an accident. Emotional distress might consist of feelings of grief, worry, anxiety, humiliation, apprehension, and shock from the ordeal. These are often difficult damages to calculate and prove, and this is one of many reasons that it is strongly recommended that you retain strong legal counsel.

How can a pre-existing condition impact my case?

An insurance company and their attorneys might try to use a pre-existing condition as an excuse to deny your claim or give you a low-ball settlement offer. If an insurer asks you to sign a medical release form giving them access to your medical history, we recommend that you not sign this and contact a qualified accident attorney to safeguard your rights.

To find out more about how we can help you, call us at 1-888-510-1020 to schedule a free consultation.