Do you have these misconceptions about U.S. car accident compensation cases?
When you live in the U.S., you want to go out happily and go home safely. However, in case you are injured in a car accident, there are often many misunderstandings about how to handle the case and the aftermath.
Myth #1: I don't want to see a doctor because I'm afraid of paying huge medical bills
Fact: A person injured in a car accident has the right to see a doctor at any time and can choose his or her own doctor. The at-fault insurance company has no authority to limit when you see a doctor or which doctor you see. Some people do not see a doctor or delay seeing a doctor because of this misconception and end up not getting the compensation they are entitled to.
Myth #2: Hiring a lawyer means filing a lawsuit, I'm afraid of the hassle and don't want to appear in court
Fact: Litigators are only a minority in the legal profession, and most car accident cases end in settlement, and only a very small number will go to court. Almost all lawyers and insurance companies try to avoid lawsuits because, first, they cost money. Secondly, it takes time to file a lawsuit. Whether you are the plaintiff or the defendant, it takes time, and it takes a long time for the lawsuit to end. A simple car accident lawsuit in New York will usually take one to two years before it goes to trial. Third, filing a lawsuit does not guarantee that you will get more compensation, or even a penny, because once the case goes to court, it is the six U.S. citizens sitting in the jury box that will decide how much you will be compensated, and it only takes one of those six U.S. citizens to disagree with your idea of compensation for your case to go badly.
Myth #3: If the other side gets a ticket, I will win
Fact: The Chinese say "reasonable, rational, and lawful" and reason comes before law, but Americans say "lawful" and even if there is reason and reason, it comes after law. And those factors of reason are usually not the reason we talk about, the law has its specific background, including politics, social environment, etc. Some laws are not even reasonable, but as long as the law can be. In the car accident case, although the other party took a ticket, but the ticket is only a preliminary judgment made by the police in the investigation of the crash scene, is a criminal case, usually in the traffic court before the verdict does not mean that he is guilty; furthermore, the ticket is criminal in nature, criminal cases and civil nature of the car accident compensation case, there is a big difference in the scale of proof, so in the civil compensation case, unless the defendant in the traffic court initiative to admit Even if the defendant is found guilty by the traffic court, it does not automatically mean that the defendant is at fault in the civil compensation case, you still need to prove that the defendant is indeed at fault. In addition, you have to prove that the defendant's negligence was the cause of your injuries (i.e., cause in fact and cause in law), and finally, you have to prove that your damages are as much as you are seeking. At these hurdles, the defendant's attorney has many legal reasons or opportunities to weaken your claim or even deny you any compensation. So as long as the other side gets the ticket, I will definitely win. This statement makes sense from the emotional and rational aspects, but it is not certain in the legal aspect.
Myth # 4: It's okay to have a muscle sprain, you can't pay for it
Fact: Most car accident cases are compensated for muscle injuries. People who have no experience with car accident injuries should not underestimate muscle sprains.
Myth #5: You should get the same compensation for the same car accident, the same injuries, and the same damages
Fact: Not necessarily, because each case has its own internal and external factors: first, each state is different, and the same injury in New York, California, Florida, and even North Carolina will result in more compensation for other injured people; furthermore, each county within each state is different, because the outcome of each car accident injury case is affected by many factors. For example, what county does the defendant live in? Occupation, education level, and skin color of the plaintiff and defendant ...... How much insurance the other party has? Which insurance company, etc. Of course, the extent of the injuries and the apportionment of liability remain the most important factors to consider.
Myth #6: I was not physically injured, just the emotional compensation
Fact: With the exception of a few mental tort cases, such compensation is difficult to obtain in car accident injury cases.
Myth #7: My insurance company will help me fight for my rights
Fact: Usually, if the other party is at fault, your own insurance company will not care about the compensation portion of your injury. If you have collision insurance, you can choose your own insurance company to compensate you or fix your car first (but you will have to pay the out-of-pocket portion). After that, your insurance company will claim back from the other party's liability insurance company what they paid you to repair your car, and your own insurance company will not help you with the injury compensation portion.
Myth #8: The insurance company is the defendant
Fact: This is not true. Except in special circumstances, you cannot usually sue the insurance company, only the driver who hit you, although his insurance company will pay for a lawyer to help protect him.
Myth #9: Medical insurance in auto insurance is duplicative and unnecessary to health insurance
Fact: Not exactly true, it is basically a different kind of insurance. Medical insurance in auto insurance has several purposes: First, when your own fault causes your own injury, you can see any doctor, as long as the medical expenses are within the insured amount, the auto insurance company will pay all and there is no deductible and no designated doctor. Second, if your own fault causes injury to a loved one or family member, such as a spouse, minor child or parent, the medical expenses will be paid as long as they are within the coverage amount. If the other party is at fault, and the other party has neither liability insurance nor assets, and you yourself are not insured (uninsured driver's insurance), at least the medical expenses within the insured amount will be paid by the insurance company.
Myth #10: Insurance company adjusters' verbal promises are valid
Fact: Many insurance company adjusters promise to pay all the lost wages and medical expenses of the injured customer, but after a period of time, they deny or avoid the case of denial is common. If the car accident has been two years to find a lawyer is too late, because the legal period of limitation for such cases is two years, these people will be fooled by a basic reason is to think that the other side of the words can be honored.
Myth #11: The other party's insurance company will take the initiative to contact me
Fact: Under normal circumstances is this, but it is best not to have this hope, because sometimes the other driver is afraid that the insurance rose did not inform their own insurance company, if you wait a long time even their side of the compensation case is also affected, as mentioned, some people waiting for the other side of the insurance company to find a doctor, some people waiting for the other side of the insurance company to rent a car for themselves, resulting in not being able to live