San Jose Car Accident Lawyer
When you’ve been injured in a traffic accident, you need to know how to keep the insurance companies honest so that you can get the largest settlement possible. Find out how to handle your claim by consulting with a San Jose car accident lawyer.
Being involved in a car crash can be both terrifying and financially devastating. If you sustained injuries or significant property damage as a result of your collision, you may find yourself dealing with piles of bills and an insurance company unwilling to provide you with the settlement you rightfully deserve.
This is why it’s a good idea to hire a San Jose car accident lawyer from Bohn & Fletcher, LLP. We can help you take on the insurance company and come out with the financial compensation you need to enable your recovery.
Handling the Insurance Companies After an Auto Wreck
Dealing with Your Insurance Provider
If you have a policy that covers bodily injury or if the other driver isn’t insured, it might surprise you to learn that dealing with your own insurance company after a crash isn’t exactly an easy feat. Although most insurance providers tell their customers that they are on their side, this is usually far from the truth.
It’s important to understand that your insurance company is still a business. And while it may not be morally sound, the representatives that you deal with have a job to do, and that job is to do everything they can to minimize the amount your insurance company pays out on your claim.
As such, you may find that your insurance provider tries to propose a lowball settlement offer. More often than not, insurance companies will make it seem as though their offers are non-negotiable, and that the only option their customers have is to either accept the offer as-is or receive nothing. This is not true, and this is where your San Jose car accident lawyer will come into play.
Having a qualified attorney means that you won’t have to handle the negotiation process with your insurance company on your own. Our firm will assess the true value of your claim, and we will fight to get your claim approved so that you can focus on moving forward after your accident.
Dealing with the Other Driver’s Insurance Provider
Unlike dealing with your own insurance company, many drivers are understandably apprehensive when it comes to dealing with the insurance company of the other driver. Even when you are not at fault for the accident, it comes as no surprise when the other motorist’s provider tries to mitigate their financial liability by blaming you for the wreck.
You might find that the other insurance company tries to contact you in order to get a statement in your own words. They may present this as an unintimidating, routine conversation that will simply help them move forward with the claims process. They may even try to bully you into giving a statement, claiming that you are legally responsible for telling them what happened. However, it’s incredibly important that you do not speak with the other driver’s insurance company without your San Jose car accident lawyer. Anything you say to the insurance representative could be used against you later—even out of context.
If you are approached by the other driver’s insurance company, let them know that you will not be speaking with them. Tell them that you have sought legal representation, and that if they would like any information, they should get in touch with your San Jose car accident lawyer.
Understanding the Cause of Your Car Crash
No two car accidents are the same. There are many different factors that play a role in building your case. But one of the most important and crucial aspects of your claims process is determining what caused your collision in the first place. Pinpointing the cause of the crash helps prove how the other driver was at fault.
Some of the most common causes for car crashes include the following:
- Texting and Driving – With as big of a role as technology plays in our everyday routine, it’s no surprise that many motorists find themselves the victim of a texting and driving collision. If you believe the other driver was on his or her phone at the time of the crash, let your San Jose car accident lawyer know. We can request a copy of the other driver’s phone records to help prove the negligence involved.
- Driving Under the Influence – There is never any reason for getting behind the wheel while inebriated or under the influence of any kind of drugs. If it is determined that the crash was caused because the other driver was too intoxicated to drive, you have the right to seek compensation.
- Speeding – Speed limits are set for a reason. These restrictions help to keep the roads safe, and they help prevent car accidents. If the other driver was speeding, he or she can be held liable.
Your San Jose car accident lawyer will obtain a copy of the police report after the wreck to help determine what the source of the accident was. These police reports are a crucial part of proving how the other driver was at fault. Other causes that may prove the other driver’s negligence include running a red light, failing to yield the right-of-way, driving while fatigued, and failing to follow traffic signs.
Common Injuries Sustained After a Car Accident
Sadly, it is all too common for drivers to sustain serious, sometimes permanent injuries after a car accident. Some of the injuries you may experience as a result of your collision include the following:
- Traumatic brain injuries
- Broken bones
- Disfiguring facial injuries
- Back and spine injuries
- Internal bleeding and organ damage
It’s imperative that you see a doctor as soon as you can following your accident. Even if you initially feel as though you’re fine, it may be that your injuries haven’t had time to make themselves known yet.
To help you get the best settlement offer, we will likely advise you to get a copy of any medical records pertaining to the accident. This may include medical bills, a medical analysis from your doctor, and proof of any medications that were prescribed as a result of the accident.
San Jose Car Accident FAQ
Having questions and serious concerns after getting injured in a wreck is completely understandable. With that in mind, we’ve provided answers to a few common questions in the section below. If you don’t see your concern addressed, please contact our office so that you can speak with a San Jose car accident lawyer.
What can I seek compensation for after getting hurt in a car accident?
Your settlement should compensate you for all of the financial expenses and non-economic damages caused by the wreck. This includes current and future medical bills, lost income, and vehicle repair on the monetary side and pain and suffering, emotional distress, and lost enjoyment of life on the quality-of-life side of things.
Am I automatically responsible if my car was the only vehicle involved in the crash?
No, it’s entirely possible that an external party was at least partially liable. For example, a defective tire or part could make the manufacturer liable. A road construction crew might be negligent for failing to put up detour signs or leaving debris in the road. It’s even possible that the government entity responsible for road maintenance is to blame if a pothole or uneven lane played a role.
If I was rear-ended, is the driver who hit me at fault?
Rear-end collisions are often the fault of the rear driver, but not always. When the driver is responsible, distracted and drowsy driving are often involved. However, a brake malfunction might implicate the manufacturer or a third driver might have forced the rear driver into a position where hitting you was unavoidable.
Let a San Jose Auto Wreck Attorney Help You
If you are ready to get the settlement you deserve for the injuries, damages, and losses caused by your wreck, let Bohn & Fletcher, LLP help you. When you invest in the services of an experienced attorney from our firm, you put yourself in the best position possible to bring your claim to a successful resolution.
To schedule a free consultation with a San Jose car accident lawyer, give our staff a call at 408-279-4222. You can also reach us by filling out the contact form at the bottom of the page.