Automobile Accident FAQs

1. Driving Statistics

In 1960, there were 3,545,693 miles of highway in the U.S. By 2000, that number had risen to 3,936,229 statute miles according to information compiled by the U.S. Department of Transportation (DOT), Bureau of Transportation Statistics, National Transportation Statistics 2002.

According to the DOT, the number of registered passenger cars in the U.S. has more than doubled from 61,671,390 in 1960, to 133,621,420 in 2000.
The DOT has estimated that 12,144 lives were saved in 2001 by the use of safety belts.
According to data compiled and analyzed by the DOT, 42,116 people died in traffic crashes in the United States in 2001.
Of these people killed, 20,233 were occupants of passenger cars, and 3,181 were motorcyclists, and the rest were occupants of trucks and buses (11,485), pedestrians and pedacyclists (5,610), and other (677).
- Single-vehicle crashes resulted in 17,747 fatalities
- Two-vehicle crashes resulted in15,578 fatalities
- More than two-vehicle crashes resulted in 3,061 fatalities
In 2001, 41.4 percent of fatalities in highway crashes were alcohol-related.
Of the 37,795 total fatal motor vehicle crashes in 2001:
- 18.2% occurred on a Saturday.
- 16.6% occurred between 3 p.m. to 6 p.m.
- 17,389 occurred where the posted speed limit was under 55 mph.
The DOT estimates that the average total cost per mile of owning and operating an automobile (assuming 15,000 vehicle-miles per year in stop and go conditions) is now 50.2 cents, as compared with 14.4 in 1975.

Trying to understand all the terms used in relation to automobiles, particularly automobile insurance, can be a daunting task. In many cases, terms relating to your automobile insurance may be defined within the policy itself. In other cases, words may come up in conversation with your insurance agent, or after you have been involved in a car accident, which are not defined in the policy. The following glossary of common terms related to automobile insurance may give you a better idea of what is being said. Be warned, however, your particular insurance policy may define these terms in a different manner, which may make a difference if you have to submit a claim.

Additional Insured. An individual or entity who is not specifically named as an insured within the policy itself, but for whom attachments, known as endorsements, to the policy provide a degree of protection. In some states, an additional insured can be treated differently from an additional named insured, who is an additional insured who is actually named within the policy itself and to whom all of the rights and responsibilities of the policy apply.

Bodily Injury Liability. Insurance coverage that applies when you are legally liable for injuring other people in an auto accident. Bodily injury liability provides payments to those injured individuals and pays your legal defense costs as well. Such coverage can be combined with property damage liability, as it often is, and be called “liability insurance.”

Claim. The request that a policyholder makes to an insurance company to recover losses covered by an insurance policy.

Collision Insurance. Coverage under a policy that pays for damage to, or loss of, your own automobile from upset or collision with another object or vehicle. Collision insurance does not cover bodily or personal injury, and it may not cover other property damage liability arising out of the collision.

Comprehensive Insurance. Insurance coverage that reimburses you for damage to your own car from causes other than a collision, upset, or general wear and tear. Comprehensive insurance may provide coverage for hail, flood, theft, mischief, damage from animals, falling objects, explosions, earthquakes, and many other events.

Deductible. The amount of the loss that you must pay before the insurance company begins to pay under the policy. For example, if you have a $500 deductible and have been in an accident in which $3,500 in damage to your car occurred, you must pay the first $500 before the insurance company pays the remaining $3,000.

Drive-Other-Car Endorsement (DOC). Sometimes referred to only as an “other-car endorsement,” this addition to the policy allows coverage to be added that will protect individuals named in the endorsement when they are driving cars not owned by those individuals and not named within the policy.

First-Party Coverage. Compensation you receive under your own insurance policy as opposed to receiving payment from someone else’s insurance policy, such as the person who caused an accident. Examples of first-party coverage include collision insurance and comprehensive insurance, in which your own insurance company pays you for losses to your own car.

Liability Insurance. Insurance coverage that pays others who sustain bodily injury or experience property damage caused by you or someone else covered under your policy.

Loss. The root of an insurance claim. In order to have a claim, there must first be a loss, such as damage to a vehicle. Insurers may also refer to a loss as a payment made on behalf of an insured to cover such damage.

Motor Vehicle Record (MVR). The written record of a particular driver’s accidents and traffic violations. An MVR may be reviewed when an insurance agent is giving a quote for automobile insurance rates: the more accidents and violations you have in your MVR, the higher your premiums are likely to be.

No-Fault Protection. Coverage available in many states that pays you, or those people covered under your policy, for medical expenses or injuries that occur as the result of an accident, regardless of who was at fault in causing the accident.

Personal Injury Protection (PIP). That part of an insurance policy, in many cases a no-fault policy, which provides protection against personal injury and related losses, as opposed to damage to your vehicle, up to a specific per-person dollar amount. PIP may include benefits for medical expenses, loss of work income, and accidental death and funeral expenses.

Premium. The amount of money you pay, either monthly, quarterly, or yearly, to maintain your automobile insurance. If you fail to pay your premiums, your insurance policy can be cancelled.

Property Damage Liability. Insurance that protects you, and pays on your behalf, for automobile-related damage that you cause to another persons’ property. If offered jointly with bodily injury liability, as it often is, it may be called “liability insurance.”

UIM. Shorthand for “underinsured motorist,” or those fellow motorists whose automobile insurance maximum is insufficient to cover a specific loss. UIM pays you, or those people covered under your policy, for bodily injury losses if the other driver is liable and has coverage that does not fully compensate you for your losses. The maximum of a UIM recovery is your policy limit.

UM. Shorthand for “uninsured motorist,” or those motorists who do not have any automobile insurance. UM coverage protects insureds, up to the limit of their policies, against bodily injury losses caused by a negligent motorist who has not obtained insurance coverage.

Threshold. A term commonly used in conjunction with a modified no-fault plan. Most no-fault plans set a point at which the insured may bring a legal action to recover for losses such as pain and suffering. Before the threshold is reached, tort actions are not allowed. Typically the threshold will be reached if medical bills reach a certain expense level, or if disfigurement or death occurs.

VIN. Shorthand for “vehicle identification number.” Your VIN is also relevant to areas other than insurance, but may come up in the insurance field if there is a question as to the ownership of your car. A car’s VIN is a unique number assigned to the car. The VIN can be found, usually, engraved on a metal plate affixed to the dashboard that is visible through the windshield.

Negligence is any careless behavior that causes, or contributes to, an accident. For most types of accidents, a person must be negligent in order to be held legally responsible for another person’s injuries.

A person is considered negligent if he or she had a duty to act carefully and failed to do so. (Generally, we all have an obligation to act with ordinary and reasonable care in any given situation — that is, in a manner that will not foreseeably injure those around us.) For example, a person would be negligent if she drove at night wearing sunglasses, because any reasonable driver would know that doing so would increase the chances of causing a traffic accident.

If a person behaves negligently and that behavior causes you harm, you can most likely recover compensation for your injuries.

Would you know what to do if you were involved in an automobile accident? When a car accident happens, injuries may be severe and emotions may be high. However, there are important things that must be taken care of both at the scene of any accident and following an accident. The following is a list of things that should be done, if at all possible, when any accident occurs.

The cardinal rule for all car accidents is that you should never leave the scene without stopping. If you leave the scene of an accident, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a “hit-and-run” driver.
Exception: If you are hit by another car in a deserted area, use caution in stopping and getting out of your vehicle. Unfortunately, there have been reported incidents where a person exited their vehicle in a deserted or unsafe area after being bumped by another car only to be robbed or killed. Instead of getting out of the car if you find yourself in that situation, drive to the nearest police station to report the accident. If it turns out that you were being over-cautious and the other driver had no ill intentions, you may be embarrassed, but you will also be safe.
- If you are in a safe area, move your car out of the flow of traffic, if possible, to the shoulder. Take care in exiting your car. Watch for traffic, other people, and broken glass or car parts.
- If you are injured and are unable to exit your car, try not to panic. Help will soon be on the way.

First things first. Before making sure that your car isn’t totaled, check to make sure that everyone else involved in the accident is okay. Get medical attention for anyone who may need it.
Warning: If a person is unconscious or complains of neck or back pain, it is best not to move them until qualified medical personnel arrive. In some situations, for example if an injured person is lying in a pool of gas that you fear may ignite at any time, you may have no choice but to move them. If you are in that type of situation, try to move them as steadily and slowly as possible while supporting their neck and back. The less movement, the better.
Call the police if the accident involves significant property damage, physical injury, or death. Ask that a police report be filed in those situations. Obtain the name and badge numbers of any police officers that arrive on the scene.
Talk to the drivers of any other vehicles involved in the accident. Get their names, phone numbers, addresses, drivers’ license numbers, license plate numbers, and basic insurance information. If there are passengers in any of the vehicles, obtain their names, telephone numbers, and addresses as well.
Note: In talking to drivers of other vehicles, you should try to be cordial and cooperative in determining that everyone is okay and in exchanging basic information. However, do not apologize for anything at the scene. If you jump out of your car and blurt out, “I’m so sorry I ran that red light! Is everyone okay?” you may back yourself into a corner. Immediately after an accident, the scene is chaotic and it might not be evident who was at fault, or who was more at fault, in causing the accident. Moreover, in many states, fault is not determinative of which insurer will pay for any loss. Therefore, try to keep your conscience in check, at least until things get sorted out, so that you don’t admit guilt unintentionally or unnecessarily.

Talk to witnesses at the scene. Ask the witnesses what they saw. Get their names and telephone numbers or addresses, if possible. If residents of the area, or businesspeople, who work in the area, have come to the scene or are in the vicinity try to talk to them as well. Ask them, in particular, if they have ever witnessed other accidents in the same place.
Note: If a witness is hesitant to talk to you, don’t beg or threaten them. Forcing information from someone will get you nowhere. Write down what they tell you and, if they agree, simply get their name and phone number so that you, your attorney, the insurance company, or the court can contact them again.

Inform your insurance company, as soon as possible, that you have been involved in an accident.
- Cooperate with your insurance company and tell them the truth about the manner in which the accident occurred and the extent of your injuries. If the insurance company finds out that you have lied to them about anything, you can get into serious trouble, not the least of which will be the denial of any coverage for the accident.
- Build support for your case when discussing the matter with your insurance company. Be able to explain to them the facts of the case in a clear manner. Obtain and review a copy of the police report, if any, so that you can point out to the insurance company who broke what traffic laws or who was at fault for the accident. Often, that information will be provided in the police report. Although the insurance company may already know the facts of your case, taking an active interest in making sure your rights are protected will force the insurance company to take you seriously.

Keep track of any doctors, physical therapists, chiropractors, or other medical professionals that you seek treatment from, and each medical provider that referred you to other medical providers. Having a written diary of this information will help you itemize your medical expenses and treatment to the insurance company or to the court.

Take photographs of any damage to your vehicle as soon as possible after the accident. Having photographic proof will help your insurance adjuster determine how much you should be compensated for the damages to your car, and may also assist your case in court, if needed.
Note: If you have pictures of your car from before the accident, dig those out of your photo albums, too. These pictures will offer a great “compare and contrast” to show the true extent of the damage sustained in the accident.

Obtain a valuation for the damages to your car from your insurance company. If you are not satisfied with the manner in which your insurance company has valued your vehicle, do not give up. Get two estimates for the repair of your car on your own, or have two dealers provide a quote for the cost of replacing your vehicle if there was a total loss. Communicate your concerns and position with the adjuster, and be assertive. If you cannot agree on the value of your car, consider alternative dispute resolution, or consult an attorney.

Do not talk to anyone about the accident other than your attorney, your insurance company, and the police. Do not talk to a representative of another insurance company under any circumstances without the knowledge of your attorney or your insurance company. If representatives from other insurance companies should call you, be polite, but ask them to call your attorney or insurance company to arrange for an interview. Also, get the representative’s name and number, and tell your insurance company or attorney that someone seeking information about your accident contacted you.
Be careful if you are offered a settlement from an insurance company. Make sure that any physical injuries that may have sustained have been treated and that you have a doctor’s prognosis. Some injuries may not “manifest” themselves or reach their greatest level of discomfort or permanency until many days, weeks, or months after the accident. Don’t settle a claim until you know that will be compensated for all of your injuries, and consult an attorney before signing any documents pertaining to settlement.

When you make a claim on an insurance policy, it can be a complicated process, and it can be full of unpleasant surprises and frustrating delays. Don’t forget, the insurer only makes money if it doesn’t have to pay out money. Even with the most established companies, there is almost always going to be some resistance to paying your claim.

Also, it behooves insurers to be prudent and deliberate. That means the schedule for processing your claim and the events that take place can be out of your hands. Nonetheless, some things happen in the same order in most insurance claims, and you can at least get a general idea of what’s likely to happen.

The following chronology gives a general idea of how an insurance claim proceeds. Your claim may be different because of differences between companies, kinds of insurance, and state laws. An attorney can help you understand exactly how your claim will fit with this chronology-remember, your attorney works for you, and should clearly explain every step of the process.

An insurance claim begins with a report of a covered incident to your insurance agent or insurer. Typically, this report will occur immediately after the incident, and it is to your benefit to report any claim as soon as possible.
The claim is reviewed by insurance company employees to determine whether there is coverage. This is usually done by very low level (or entry level) employees. You will be notified, usually by mail, of what they decide.
If you receive notice that your claim has been denied or that there is no coverage, you can try to work your way up the system until you get to someone who will treat your claim seriously. Some insurers are notorious for having a policy of denying claims on the first attempt, on the assumption that most people will be discouraged or intimidated from pursuing it. If you have a claim you feel was unfairly denied, an attorney can help you negotiate with the insurer. Sometimes, it only takes a letter from an attorney to make an insurer change its mind.
Some insurance policies provide for mediation or arbitration of coverage disputes. If your policy contains such a provision, you will present your side of the case to a neutral person who will decide whether or not you have coverage.
If you receive notice that your claim is accepted and that you are entitled to coverage, a number of things can happen. In health insurance and auto liability insurance, it is typical for the insurer to pay the health care provider or the person you hit, and inform you that they have done so. In life insurance policies, it is typical in uncontroversial cases for the insurer to pay the benefit by return check, although they will require proof of death. In homeowner’s or renter’s policy claims, the insurer will want proof of what was lost, and in some cases require that you replace what is lost and then seek reimbursement. In cases of fire insurance, you will have a long series of contacts with the insurer while they help you to reconstruct what you have lost.
In some cases, your insurer may defend you in a lawsuit. This can occur in automobile liability policies, homeowner’s liability policies, and other policies where the insurer only has to pay if you are shown to be liable to a third party. In that case, the insurer will usually provide you with an attorney. Sometimes, insurers will be willing to let you use your own attorney.
In some cases, your insurer pays you for your loss and then pursues whoever actually caused the loss, under the legal theory of “subrogation.” If your insurer pursues subrogation rights, you may have to participate in the case.
Once a lawsuit ends, your insurer will pay any amounts it is ordered to pay by the court. Although your insurer may appeal, you will typically be finished with the process at that point.

It’s hard to say how long all these steps will take in your case. The entire process can take from as little as hours, to as long as years. Generally speaking, the less money at stake, and the more basic the type of insurance, the faster the process will go.

During the initial interview, your lawyer will, of course, want to hear about what happened to you and collect a variety of information from you. The length of the initial interview can vary a lot, depending on your injuries. In a simple negligence case it probably won’t take too long, especially if you have prepared for the meeting, whereas a complex case or a case involving serious injuries could take much longer.

As you tell the lawyer about your accident, he or she may ask questions about it. Frequently, lawyers wait until you have told them everything before asking questions. Some of the questions may be difficult to hear, let alone answer. Be brave. Your lawyer needs to know the answers to help you find the best solution for your case. The lawyer will collect a variety of information from you that relates to the accident, your medical treatment, who else was involved in the accident, potential witnesses and the like. Here’s the sort of thing you can expect:

The lawyer may ask you to sign medical authorizations and releases so he or she can obtain your medical records.
The lawyer will want to know about all your insurance coverage.
The lawyer will ask if you have talked to any insurance adjustors and if so, what you have said and whether you provided a recorded or written statement about the accident.
The lawyer will ask you if anyone else has interviewed you about the accident or your injuries, and if so, whom you talked to and what you said.
The lawyer may ask you, if it’s not evident by looking at you, about the current status of your injuries, whether you are in pain, what your prognosis is, and so forth.
The lawyer may advise you to see your doctor regularly if you have any physical problems or complaints. If you don’t see your doctor, the defendant may argue that you aren’t seriously hurt as no visits tends to indicate that there are no problems.
The lawyer may tell you that your case will be considered and that you will hear later if he or she will take your case. This is a common practice in injury cases, so don’t read anything into it.
The lawyer may decline to take your case. He or she may do this for many reasons, such as his or her current case load, knowledge of his or her capabilities, economic reasons, or family responsibilities. You also may learn that in the lawyer’s opinion, you might not have much of a case. This is valuable information, and it is better to know early. By all means seek a second opinion.
The lawyer may refer you to another lawyer. This happens when the lawyer cannot take your case or thinks the other lawyer can do a better job for you.
The lawyer may ask you to sign a retainer agreement or employment contract. Read the contract carefully and ask questions before you sign it. You should be able to take the contract home to study it before you sign.
The lawyer will tell you what the next steps are. There may be a factual investigation before a lawsuit is filed. The lawyer may be able to give you a rough estimate of how long it will take to litigate the case.
The lawyer will tell you not to talk about the case with others, and to refer questions to the lawyer. This is very important advice. Insurance companies are known to send investigators out to talk to your neighbors, and who knows what they’ll say? Don’t let that make you paranoid, but let it be a persuasive reason not to talk to people about the case. Just as loose lips sink ships, stray comments can ruin your case in the courtroom.
The lawyer will probably give you an idea of how he or she intends to keep you informed of progress on your case. There is no single approach to this. Some lawyers provide periodic report letters; others call you on a periodic basis or when something happens; some ask you to call when you have questions.

The Dos
Do seek medical attention before doing anything else.

Do summon the police, in appropriate cases.

Do cooperate with all law enforcement and emergency personnel who respond to the scene.

Do get the license plate numbers of all other vehicles involved in car accidents and the drivers’ names, addresses, telephone numbers, and insurance information.

Do get the name and address of the animal’s owner and any license information if you were injured by an animal bite or attack.

Do write down the names, addresses, and phone numbers of all potential witnesses to an accident.

Do contact your health, homeowner’s, and/or automobile insurance companies, as appropriate.

Do take photographs of all of the following, as applicable, as soon as possible after the accident:

The scene of the accident, from all angles.
The surrounding area.
The product or animal that caused your injuries.
Your injuries.
Any property damage.

Do contact your attorney.

The Don’ts

Don’t move your vehicle after an automobile accident unless necessary for safety or required by law.

Don’t subject yourself to further injury by standing or waiting in an area of traffic or other safety hazards.

Don’t leave the scene of an accident until the police tell you it is okay to do so.

Don’t throw away any potential evidence in the case, such as defective products, or torn or blood-stained clothing.

Don’t remain in a burning building while calling for help. Leave the area of danger first, and then immediately call from a safe place.

Don’t agree to settlement terms without contacting your attorney.

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Automobile Accident FAQs