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Auto Accident 6 Frequently 
Asked Questions 
By: Steven Schwartzapfel
Frequently Asked Question 1 
Do I have a case? 
Anytime someone dies or suffers injuries as a 
result of someone else’s wrongdoing that 
person may have a case. There are many 
factors involved when an attorney decides 
whether to accept a case. There may be 
multiple causes and several defendants 
responsible for the accident. What at first 
glance may appear to be simply an auto 
accident may also be the result of an employer 
who negligently hired a driver with a history of 
prior tickets, arrests and convictions. It may be 
an automotive manufacturer defect that 
caused the accident, or the result of a highway 
design defect. There is a list of possible 
causes and responsible parties even in what 
appears to be a simple auto accident.
Frequently Asked Question 2 
Are there any time limits to file a 
lawsuit? 
Yes. The lawsuit must be filed 
before the expiration of the Statute 
of Limitations or the claim may be 
barred forever.
Frequently Asked Question 3 
What is my case worth? 
Each and every case is different. 
Before giving an opinion of the value of 
the case, an experienced lawyer will 
spend the time and resources to 
conduct a thorough investigation of 
your case. The lawyer will obtain and 
review every document and record; 
and review the law relevant to your 
case. After careful consideration and 
evaluation of your case, an 
experienced lawyer should be able to 
give you a range of what your case is 
worth.
Frequently Asked Question 4 
How much money will I receive? 
The amount of money you may ultimately collect, whether by 
settlement or verdict , will vary depending upon the following 
factors: 
A) How the accident occurred and your available proof such as 
photos, witness statements and expert opinions on liability and 
damages. 
B) The nature and extent of your injuries. Did you go to the 
hospital? Was physical therapy, rehab or any medical devices 
needed for recovery? Because you were out of work did you 
lose wages, your pension or social security benefits? 
Various things are involved and taken in to account to 
determine how much a the victim of an auto accident will 
receive.
Frequently Asked Question 5 
What happens if the insurance 
company says my car is totaled? 
If the cost to repair the vehicle is more 
than the car is worth, the insurance 
company will most likely “total” the 
vehicle and give you a check for what 
they believe the car is worth. 
However, you may still be obligated to 
pay the car loan if you financed it.
Frequently Asked Question 6 
What if the person who caused the 
accident doesn’t have insurance? 
If the person at fault does not have 
coverage for the damage they 
caused, you may have to file an 
injury claim under your own 
insurance policy. The coverage is 
referred to as uninsured motorist 
insurance and is required by law to 
have in New York State.

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Auto Accident FAQ's

  • 1. Auto Accident 6 Frequently Asked Questions By: Steven Schwartzapfel
  • 2. Frequently Asked Question 1 Do I have a case? Anytime someone dies or suffers injuries as a result of someone else’s wrongdoing that person may have a case. There are many factors involved when an attorney decides whether to accept a case. There may be multiple causes and several defendants responsible for the accident. What at first glance may appear to be simply an auto accident may also be the result of an employer who negligently hired a driver with a history of prior tickets, arrests and convictions. It may be an automotive manufacturer defect that caused the accident, or the result of a highway design defect. There is a list of possible causes and responsible parties even in what appears to be a simple auto accident.
  • 3. Frequently Asked Question 2 Are there any time limits to file a lawsuit? Yes. The lawsuit must be filed before the expiration of the Statute of Limitations or the claim may be barred forever.
  • 4. Frequently Asked Question 3 What is my case worth? Each and every case is different. Before giving an opinion of the value of the case, an experienced lawyer will spend the time and resources to conduct a thorough investigation of your case. The lawyer will obtain and review every document and record; and review the law relevant to your case. After careful consideration and evaluation of your case, an experienced lawyer should be able to give you a range of what your case is worth.
  • 5. Frequently Asked Question 4 How much money will I receive? The amount of money you may ultimately collect, whether by settlement or verdict , will vary depending upon the following factors: A) How the accident occurred and your available proof such as photos, witness statements and expert opinions on liability and damages. B) The nature and extent of your injuries. Did you go to the hospital? Was physical therapy, rehab or any medical devices needed for recovery? Because you were out of work did you lose wages, your pension or social security benefits? Various things are involved and taken in to account to determine how much a the victim of an auto accident will receive.
  • 6. Frequently Asked Question 5 What happens if the insurance company says my car is totaled? If the cost to repair the vehicle is more than the car is worth, the insurance company will most likely “total” the vehicle and give you a check for what they believe the car is worth. However, you may still be obligated to pay the car loan if you financed it.
  • 7. Frequently Asked Question 6 What if the person who caused the accident doesn’t have insurance? If the person at fault does not have coverage for the damage they caused, you may have to file an injury claim under your own insurance policy. The coverage is referred to as uninsured motorist insurance and is required by law to have in New York State.