What to do if I was recently in an auto accident?

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What to do if I was recently in an auto accident?

The police report in which I received does not have my full statement either the statement of my passenger. The report places me at fault and my insurance company is saying that since the police report places me at fault they are just going to pay damages. I feel very frustrated at the situation, and do not feel anyone is listening to me.

Asked on November 20, 2013 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You say your insurer is going to pay damages--we assume that means that there was another person or car injured or damaged in the collision, and your insurer is paying their losses. If you are not paying anything out of pocket, except perhaps a deductible, then you most likely should not do anything. First, your insurance policy, which is a contract, gives your insurer considerable discretion to defend or settle claims; it is not at all clear that you have the right to take any action if the claim is equal to or less than your coverage limits. Second, taking legal action  in a case like this is complex and you'd almost certainly need an attorney--and a lawyer could easily cost more than the amount of money you could possibly recover. Sometimes, a situation may be unfair and frustrating, but you are not actually injured by it; when that is the case, it is generally best to leave alone.

If you are out of pocket a considerable amount, that is a different story; in that event, speak with an attorney who handles auto accidents to explore your options.


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