Michael A. Freedman P.A.
WHAT TO DO IF YOU'RE INVOLVED IN AN AUTO ACCIDENT, A Service of the Law Offices of Michael A. Freedman P.A.
  • If you have been involved in an accident, click here
  • If you were injured in an accident, click here.
  • If you were involved in an accident and were not at fault or contributorily negligent, click here
  • For Frequently Asked Questions (FAQ's) about Auto accidents, click here

If you have been involved in an auto accident call us ASAP.
In the meantime do the following:

  1. Obtain names and address of witnesses.
  2. Call the police - if they won't write a complete report at least get their name, badge and phone for future reference.
  3. If you think the location of your car and the point of impact is important don't move your car until the police come so they can verify locations.
  4. Get as much information as you can from the other driver.
  5. The single most important item is the tag number as we can get any other information from the tag.
  6. Take photos of car damage (both cars if possible) and accident sites including skid marks.
  7. Notify your insurance carrier and request PIP (personal injury protection) forms.

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If you were injured in an auto accident call us ASAP.
In the meantime note the following:

  1. Obtain medical care as soon as possible - report the accident to your insurance company.
  2. If PIP is available as well as health insurance, be aware that health benefits will be subrogated (paid back) from any third party recovery. On the other hand since PIP pays 85% of lost wages you may rather preserve your available PIP for your wages.
  3. If you believe your HMO is not providing sufficient care, obtain appropriate care immediately. If you were not at fault for the accident the adverse carrier will eventually pay the bill and if you have PIP use it.
  4. If you are losing time from work make certain that your doctor provides you with a disability certificate.

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If you were injured in an auto accident and were not at fault or contributorily negligent, you are entitled to the following from the at fault parties insurance carrier:

  1. Property damage payment or the book value if your car is totaled (costs more to repair than book value).
  2. Car rental reimbursement while your car is being repaired or until a total damage settlement has been reached.
  3. A single monetary recovery for your personal injury claim based upon medical bills, length of treatment, injury sustained, permanent disability, and general pain and suffering.
  4. There is a statutory cap on "pain and suffering" in the amount of $665,000.00 (2005/2006) which increases $15,000 on October First of each succeeding year. You may, however, in addition, also recover for past and future medical bills as well as past and future lost earnings. If there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the above limitation, regardless of the number of claimants or beneficiaries.
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The legal information provided is for general information only, and is not meant to be specific advice for your problem. Accurate appropriate legal advice can only be obtained through a consultation with an attorney.

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