The most common questions I get asked about relate to auto accidents. There is a great deal of confusion out there as to what steps a person should take when they get into an accident. This month’s column is a continuation of the last and it attempts to provide some additional answers to commonly asked legal questions related to auto accidents. Please cut these two columns out and place them in your glove compartment where you can find them. After your next auto accident, you will be glad that you did.

Q. How should I handle the insurance company before I get a lawyer and what else should I do when I am in an auto accident?

A. The answer to this question depends on how serious of an accident and what kind of accident (t-bone, rear-ender, etc.) you were in. If you believe there is even a slight possibility someone was hurt, you should contact your insurance company. After leaving the scene, you should have the other drivers’ insurance policy and contact information. If you believe the other driver to be at fault, you should immediately contact their insurance company and file a claim. (If you don’t get an immediate response from the insurance company you should send them a certified letter.) You have an obligation to give the insurance companies timely notice. If the wheels on the company do not start turning on a phone call, you want to have evidence of your notice to them early on and the certified letter provides you that proof.

Q. Why is this so important?

A. First, all auto insurance policies issued in Texas provide that coverage only exists if notice is given of the claim reasonably soon after the accident. Also, if you were run into, you need your car fixed and it is unlikely the other driver is going to give the notice for you.

Q. What if I had been injured in the accident. What should I do?

A. As I said last week, you should immediately seek medical care. If you have broken bones, you should try to see an orthopedic doctor and if you have numbness or headaches you should try to see a neurologist – of course, this advice is subject to what your doctor suggests for you. As for the insurance company, you or a family member should contact them and file a claim as soon as possible.

Q. I have only a strained back and the doctor says it is just muscle soreness. What should I do?

A. In this case, assuming the accident was caused by the other driver, you should file a claim for the value of the damage to your car. Contrary to urban myth, there are not many drivers, if any, out there getting rich on insurance claims filed for sore backs. In fact, the insurance company is likely going to deny your injury claim completely, but they will usually pay your property claim. Paying one is not admitting responsibility for the other. You can try to locate a lawyer to assist you with your injury claim but you will have a hard time. You may lose your job or, at best, a few days of work over your back, but the system has almost eliminated any recovery for people in your position.

Q. What kind of diagnosis do I need to bring a good injury claim?

A. The term used fairly often is “objectively verifiable injury.” In other words, you need and x-ray, MRI, CT scan or some other kind of film or report to really have a chance of getting back some of your damages. If you have a sore back, that means a pinched nerve on film or an x-ray of a slipped disk. Even then, you will have a tough time with the insurance company and you are not likely to recover all of your damages.

Q. Do I need a lawyer to file my claim?

A. No. Anybody can file their own claim with the insurance company. On the other hand, if you have a verifiable injury you should probably get a lawyer. Even after reduction of the attorneys’ fees, you will probably fare better. Also, your attorney will be able to negotiate with your doctors to get them paid, if you do not have health insurance.

Q. I called the insurance company to file my claim and they want a recorded statement. Should I give it?

A. Only if you do not have an injury claim. If you are only trying to get money for your auto repairs, a recorded statement will expedite the matter for you. On the other hand, if you are seriously injured, you should hire an attorney and refuse the recorded statement. The insurance company will only use it against you later. Get your attorney involved quickly and he or she will know what to do.

Q. I can’t afford an attorney. Is there anything I can do?

A. Most trial attorneys will take auto accident injury cases on a contingency basis – meaning they get paid a percentage you and she agrees upon but only if you win. Of course, most auto accident cases require several thousand dollars in costs just to bring them to court. (Your doctor will likely get paid $500-600 per hour to testify on your injuries and court reporters will have to be paid). These costs are advanced by your attorney and the attorney won’t get them back unless you win. As a result, you will need to have pretty good facts as to the other driver’s fault for the accident and a substantial “objectively verifiable injury.” Your lawyer may require your doctor’s records before she takes the case.

Q. I have only a sore back but my car is totaled. I don’t want to settle in a way that keeps me from filing a claim later if my back gets worse. What should I do?

A. You should file a claim for the damage to your car and settle it. Read anything you are asked to sign careful (including any checks because you will have to sign the back of them to cash them). Make sure you are not settling your injury claim – it is routine for the injury and property claim to be dealt with separately. In fact, you will likely have two separate insurance departments to work with for each. Since you have given the insurance company notice of the accident, you will have two years from the date of the accident to file a claim in court. If you get worse, you can pursue that claim latter on.

Q. I got hit by a driver with no insurance. What do I do?

A. The answer to that is complex and is the subject of another months’ column.