Most drivers don’t think they’ll be involved in an accident, which leaves many lacking an understanding of what to do after an accident in which they were injured, what auto insurance policies actually cover, and how insurers handle motor vehicle accident claims.
Common misunderstandings about motor vehicle accident claims can lead to decisions that negatively impact a personal injury case, underscoring the importance of contacting an experienced accident injury lawyer to put yourself on the path to receiving full and fair compensation. (The highly experienced car, truck, and motorcycle accident attorneys of Rome Clifford Katz & Koerner may be reached at 860-232-3000 for a free consultation.)
Here are 10 common motor vehicle accident myths and the realities.
Myth: If you’re partially at fault for an accident, you can’t win compensation.
Reality: Connecticut has a modified comparative negligence law. This means you can recover damages even if you share some responsibility for a motor vehicle accident. However, the injured party can only recover damages if their percentage of fault is 50 percent or less. In addition, a party can only collect for the defendant’s share of fault, not their own fault. For example, a party injured in an accident who was determined to be 20% percent at fault would recover 80% of their damages. If the total damages are $100,000, they would recover $80,000 in this scenario.
Myth: Minor accidents don’t require legal help or medical attention.
Reality: Even minor accidents can lead to hidden injuries, such as whiplash, concussions, or soft tissue damage, which may not manifest with symptoms until days or weeks later. It’s important to seek medical attention after an accident to not only ensure your health but also to document any possible injuries for a legal claim. Seeking the assistance of an attorney is especially important for minor accidents because insurers will attempt to settle these cases for the lowest amounts possible and those injured often don’t question the offers because the accident was “minor.” An experienced injury attorney can uncover the true cost of negligence on the part of another and obtain the full and fair compensation due to the injured party.
Myth: You should talk to the insurance adjuster to speed up the settlement process.
Reality: Insurance adjusters work for insurance companies, not for you. Their goal is to minimize payouts. Any statements you make about an accident or your injury status can be used against you to reduce or deny your claim. You should consult an experienced injury attorney before giving any recorded statements or considering settlement offers.
Myth: Settling quickly is always better.
Reality: Quick settlements often lead to inadequate compensation, especially if the full extent of your injuries or long-term medical and financial needs haven’t become clear or been accurately documented. It’s vital to fully understand your rights and the full extent of damages and injuries before agreeing to any settlement or determining the proper course of legal action. An injury attorney is best positioned to help you do that.
Myth: You have unlimited time to file a claim.
Reality: Personal injury claims in Connecticut for injuries caused fully or partially by the negligence of another party, including in motor vehicle accidents, must be filed within two or three years from the date of the accident or the date the injury was discovered or should have been discovered. If the injury was not immediately apparent, the clock may start when the injury was or should have been discovered. Waiting too long can mean you forfeit your right to pursue compensation, and acting promptly helps preserve evidence and accurate witness accounts.
Myth: The at-fault driver’s insurance will automatically cover all your expenses.
Reality: While the responsible party’s insurance company should cover costs, these companies are businesses that prioritize their financial interests and focus on making a profit, so they try to get injured parties to agree to unfairly low settlement offers and also vigorously dispute claims in an attempt to reduce payouts. Also, motor vehicle insurance policies have coverage and liability limits, so if the at-fault driver is uninsured or underinsured, you might not get full compensation from the policy alone and will need a skilled injury attorney to secure the compensation you deserve.
Myth: All personal injury claims go to court and take years to resolve.
Reality: The majority of personal injury cases are resolved through out-of-court settlements, negotiation, or mediation. While some complex cases can take time, litigation is often a last resort. The RCKK Law injury team determines the best course of action for achieving an optimal outcome based on the details of each case.
Myth: You can only receive compensation for physical injuries.
Reality: Compensation also covers non-physical damages like emotional distress, pain and suffering, lost wages, and loss of earning capacity. These issues require experience and rigor to properly quantify and document.
Myth: You don’t need to collect evidence if the other party is clearly at fault.
Reality: Failing to gather evidence – including photos, witness statements, contact information, and the police report – at the scene of a motor vehicle accident can significantly weaken your legal case for fair and just compensation. Without proper evidence, the at-fault party and their insurer can challenge your claims and account of the crash.
Myth: Hiring a lawyer is too expensive or will slow down the process.
Reality: Personal injury attorneys provide potential clients with a free consultation and then work on a contingency fee basis, meaning plaintiffs pay a fee only when the attorneys win the case or secure a settlement. Experienced attorneys don’t slow down the process but typically streamline it by using their experience to manage complex negotiations with insurers on the way to ensuring you receive fair compensation. Most importantly, skilled personal injury lawyers will substantially increase the value of the case resulting in a total recovery far in excess of someone trying to handle it on their own.
If You’ve Been Injured in an Accident, RCKK Law Is Here to Help
If you or someone you know has been injured in a motor vehicle crash or injured in other circumstance where there may be a liable party, contact the Rome Clifford Katz & Koerner Personal Injury team. Call us for a free, no obligation consultation at 860-232-3000.
Partner Alan Rome leads the injury team with Partner Chris Sica and Partner Steven Katz. They may be reached at 860-232-3000 or by email at arome@rckklaw.com, csica@rckklaw.com, and skatz@rckklaw.com.
About RCKK Law
Rome, Clifford Katz & Koerner is a Hartford-based law firm whose attorneys collectively have nearly 100 years of experience in a wide variety of legal areas. Whether you are dealing with a motor vehicle accident, a Workers’ Compensation injury, or a Family Law matter, our skilled lawyers will aggressively advocate on your behalf. We represent individuals and businesses in Connecticut and throughout the New England states.