Automobile Accidents (FAQ’S)

Q. What to do if you are in an accident?

  • Stay calm, do not leave the scene of an accident.
  • Call the police and or medical assistance, if someone is injured.
  • Seek medical attention if you suspect that you are injured. Often, very serious injuries are not immediately apparent.
  • Obtain the following information from the other driver(s) involved in the accident. (Name, address, phone number, driver’s license number, license plate number, insurance information and policy number).
  • Locate the names, addresses and telephone numbers of any and all witnesses to the accident.
  • If you have a camera, take photographs of the accident scene from a number of different angles, particularly from your view of things right before the accident occurred. If the vehicles have been moved, or if you don’t have a camera, return on another date at the same time of day.
  • Take notes on what you remember about the facts of the accident and your injuries.
  • Promptly report all injuries to a doctor or other medical provider, and photograph any visible marks, cuts, bruises or swelling, including any casts, splints, bandages or other devices
  • Do not give a statement to anyone, but the police at the scene, and don’t sign anything from an insurance company without talking to an experienced attorney, first.
  • Contact our office to make certain your legal rights are preserved. We offer free initial consultations and would be happy to discuss your options with you. This should be done promptly, as you have only a fixed period of time to make certain claims.

Q. What does the Insurance Company cover? To determine what your claim is worth, you must first know the things for which you are entitled to compensation. Usually, a person who is liable for an accident (and therefore his liability insurance company) must pay an injured person for:

  • medical care and related expenses
  • lost income because of the accident
  • permanent physical disability or disfigurement, including scarring
  • loss of enjoyment of life, events and experiences
  • emotional damages, such as stress, embarrassment and depression
  • property damage

Q. When should I contact an attorney? Immediately. You should be aware that there are strict time limitations to file a lawsuit, so it is imperative that you seek legal counsel, immediately. If your time to sue expires, you will be forever barred from recovery. This sometimes happens when a victim is tied up in endless negotiations with an insurance adjuster. Don’t waste time negotiating with an adjuster. Remember, they make money by paying you as little as possible for your claim.

Q. The insurance company asked me to make a “recorded statement”. Should I give one? No. Insurance adjusters often call injured claimants and attempt to record a statement before the victim has an opportunity to talk to an attorney. Often, the victim is still in shock or under the influence of medication and is not thinking clearly. Under NO circumstances should you talk to an insurance company without having an attorney at least on the telephone with you to protect your rights. You are not required to give a statement, regardless of what the insurance company may tell you to the contrary. Seek legal counsel immediately and let your lawyer do what lawyers do best: fight for your rights!

Q. Do I really need a lawyer? Not always. When the only damage is to your property, with no personal injury, you probably do not need a lawyer. However, for any claim involving personal injury, it is foolish to attempt to handle your own claim. Just remember, the insurance companies make money by paying you as little as possible for your claim.

Q. Do I have to pay a lawyer up front? No. Spencer H. Calahan, L.L.C. handles personal injury claims on a contingency basis, meaning you do not have to pay, unless we collect money for you. Our fee is based on a percentage of the recovery. We advance all expenses of litigation up front, and, if we do not collect for you, you do not owe us a thing.

Q. Can I talk to Spencer Calahan with no obligation? Absolutely. You may contact our office by phone, fax, or e-mail. If you have a personal injury or wrongful death case, we will gladly schedule an appointment that suits your schedule.

Q. Should I seek medical attention if I’m not sure that I am hurt? It is very common for a person to not “feel” an injury for several hours, or in some cases, several days, after an accident due to adrenaline or shock. If you think you might be hurt, give yourself the benefit of the doubt and get checked out by your family doctor. It is important that you know all of your damages and injuries prior to settling or otherwise resolving your case. Once a claim is resolved, you can’t go back and get more money. If you don’t have a family doctor, our office maintains an extensive list of competent doctors practicing in and around Baton Rouge, including doctors who are specially trained to treat accident victims. If you live outside of the Baton Rouge area, we can assist in finding a doctor in your hometown.

Q. If the “at-fault” driver does not have insurance, can I still make a claim for injuries and damages? Yes, if your own policy provides for uninsured motorist or medical payment coverage. If the other driver’s insurance is not enough to pay for all of your damage, your own insurance may pay the difference, if you have “underinsured motorist” coverage. If you do not have these kinds of insurance or if your damages exceed the policy’s limits, you can still sue the “at-fault” driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. If you have collision insurance, it will pay for damage to your car, no matter who is at fault.