Print this pageRefer this law firm to a friendSave to favorites





Contact Attorney Guilfoil










Accidents - Auto Accidents

What should I do if I have been in a car accident in Missouri?
After everyone is out of danger and all involved are safe, get the following information and write it down for future use:

1. Names of the drivers involved.

2. Drivers license numbers of all parties.

3. If any of the drivers appeared to be under the influence, write down who and why you believe they are under the influence, and what they were using (alcohol, drugs).

Be sure to write down the names of any other individuals present who may have witnessed the same thing.

4. Registered owners of the vehicles involved (names and addresses).

5. Insurance providers and contact numbers for all vehicles involved.

6. Get names and addresses of all passengers.

7. Get names and addresses of any pedestrians involved.

8. The location of the auto accident.

9. What direction the vehicles were driving prior to the accident.

10. What time of day the accident occurred.

11. Weather conditions at the time of the accident.

12. Names and phone numbers of any witnesses to the accident (not the people involved).

13. How the accident happened.

14. If anyone claims responsibility for the accident ("I'm sorry, I was speeding) write it down!

15. Any mechanical malfunctions with the vehicles prior to the accident (bald tires, no brake lights, etc.).

16. Damages to the vehicles as a result of the accident.

17. Any vehicles towed from the scene of the wreck and what tow companies were involved.

18. If the police came to the scene of the accident, write down any tickets issued and to whom, the names of the officers, and where to obtain the police report.

19. Names and addresses of any parties who file a personal injury claim shortly after the accident.

20. Medical services provided, and to whom.

21. What personal injury the injured person reported on the scene. Names of all parties who said "I'm not hurt."

As time passes, memories fade and the chain of events can become strewed. Writing down everything you can think of as soon as possible will help you to remember exactly what happened and who was involved.

Who should I contact after an auto accident?
A series of auto accident reports must be filed for your protection and to facilitate your claim with your insurance company and the insurance companies of others involved.

First, if the police were not on the scene of the accident, you will need to contact your local law enforcement agency and file a report with them. This report is needed for insurance claims, etc. You will also need to contact your insurance carrier. The insurance company will want to gather all of the basic information concerning the accident for its records. Sometimes the insurance agency will ask that you authorize them to record your statement.

If you or your passengers were hurt in the wreck, or you think that the insurance company will say "you're not covered" or you have any concerns about the adequacy of your coverage, you should contact an auto accident lawyer before continuing, and definitely before you give the insurance company permission to record your conversation. However, failure to provide the necessary information to your insurance company on a timely basis could result in loss of coverage for the accident.

What compensation may be needed after an auto accident?

Millions of auto accidents happen every year, injuring people and damaging property. If the auto accident is very minor, you may file reports with the local law enforcement agency and your insurance company, pay the losses out of pocket, and move on with your life.

However, when the matter is not minor, and can cost you significant amounts of money and personal sacrifice, you may wish to pursue compensation.

If you suffer serious personal injury as a result of an auto accident, you will require medical attention, which costs money. You may lose income due to not being able to work as you recover. You may have sustained property damage to your car. Since you can not drive your car until it is fixed, you may need to rent one; renting a vehicle and repairing one can become costly.

The law permits you to seek recovery after an auto accident to "make you whole again."

The concept is that you should be compensated in a way that places you back in the same situation as you were before the accident. In addition to normal damages made to make an individual whole, in extreme cases punitive damages can be assessed if someone is found to be at fault by behaving in a reckless manner.

When should I contact a lawyer for an auto accident claim?
A simple fender bender might not need a lawyer's attention. However, if someone has been seriously injured and/or your car has been severely damaged, you will want to contact a lawyer to assist you in your claim against responsible parties.


Here are a few tips on when you should contact an attorney, after your car accident.

Contact a lawyer immediately if:
A serious injury has occurred, such as broken bones or anything requiring hospitalization, or when the injuries will be permanent;

The auto accident resulted in a death;

It is clear who was at fault and why;

The police report does not describe the accident correctly and puts you at fault.

Contact an attorney soon if:

Needing advice on the settlement value of a claim;

Needing advice on how to handle negotiations with an insurer;

You're not sure of your rights;

You need an expert to assist with confusing paperwork or forms.

Contact an attorney to assist in insurance claims if:

It is not clear who was at fault, or the guilt is shared by more than one party;

You do not know how to evaluate your claim;

The insurance company has requested medical records dating prior to the auto accident;

The insurance company has made an offer that you feel is too low;

You do not think you can negotiate effectively on your own behalf;

You are a consultant, business owner, or salesperson, and are having trouble proving your loss of income;

You feel the insurance company has unfairly denied your claim;

You have incurred serious injuries with significant amounts of medical bills;

You have incurred moderate injuries that will cause future medical bills;

A minor has been more than slightly injured;

Liability is being argued and you feel you are not responsible or only partly responsible for the auto accident.

Auto Accident Terminology:

Negligence:
A person is considered negligent when he/she fails to react as an Ordinary, Reasonable Person. Just how an "ordinary, reasonable person" should act in a given situation can be a gray area. The determination of whether an individual has met his/her standard is often decided by a jury after presentation of evidence and argument at trial.

Comparative Negligence:
Comparative Negligence occurs when both parties have failed to reach the ordinary reasonable person standard. In a situation where each party has demonstrated a degree of neglect in causing an auto accident, the responsibility to the other party is reduced by one's own degree of neglectful behavior.

Proximate Cause:
This is the initial act that sets off a continuous sequence of events that causes injury. If there was not an initial act to cause injury, no injury would have occurred.

Any time you act, you cause a series of continuous events to occur. Responsibility for the injury lies with the last negligent act that produced the injury.

Intervening Cause:
This is the event that alters the natural and continuous series of events that follows between one act, or failure to act, and another. Since the natural chain of events has been changed due to the act of another, the initial party may be relieved of responsibility for injury.

Also see:
Wrongful Death

Preserve Your Rights To Be Compensated - Contact Guilfoil Law Group

Failing to contact a personal injury attorney Immediately after you have been injured can be financially devastating to you and your family.  Protect your rights and contact a Guilfoil Law Group now. Request a free initial claims evaluation.

FREE INITIAL CONSULTATION - FREE INITIAL CLAIMS EVALUATION
Call 1.816.842.3717

Return to top of page


 
You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
Disclaimer: The information you obtain at this site is not nor is it intended to be legal advice. You should consult an attorney for individual advice regarding your own situation.