Your Top Personal Injury Legal Questions Answered

When you are involved in a car crash, finding answers quickly is essential.  We have compiled answers to the most common legal and financial questions people ask, helping you make informed decisions about your recovery and claim. If you choose to work with a personal injury attorney after reading through these questions and evaluating your personal situation, the team at Lloyd Baker Injury Attorneys is here for you like we’ve been there for all our clients. 

1. How do I get my car repaired after an accident?

You typically have two main options for property damage:

• Filing a Claim with the At-Fault Driver’s Insurance:  If the accident wasn’t your fault, the other driver’s insurance provider is legally obligated to cover your repairs.  You can file a property damage claim directly with them.
• Using Your Own Collision Coverage (Quicker Option):  If you have collision coverage, you can use your own insurance to pay for the repairs.  Your insurer will then seek reimbursement from the at-fault driver’s insurance–a process called subrogation.  This is often faster than waiting for the other insurance company’s investigation.

Pro-Tip for Claims: Always ensure you get a police report, take detailed photos of the damage, and collect contact information from any witnesses. This can speed up the claims process and help avoid unnecessary disputes later.

2. What if I don’t have health insurance after a car accident?

Not having health insurance does not prevent you from receiving necessary medical care or pursuing a claim.  Your options include:  

• At-Fault Driver’s Liability Insurance:  If the other driver is at fault, their liability insurance should cover your medical expenses, even if you lack your own health coverage.
• Uninsured/Underinsured Motorist Coverage (UM/UIM): If you have this coverage on your own auto policy, it can be utilized to cover your medical costs if the other driver has no insurance or insufficient coverage. 
• Medical Lien (Attorney Assistance):  Experienced personal injury attorneys can often refer you to doctors who agree to treat accident victims under a medical lien.  This means the provider agrees to wait for payment until your injury claim is settled. 

3. What if the vehicle that hit me wasn’t insured?

If the at-fault driver was breaking the law by driving without insurance, your recovery is primarily dependent on your own policy.

• Uninsured Motorist (UM) Coverage:  Most auto policies include this coverage.  If you have it (both Nevada and Arizona follow a mandatory offer with a written rejection requirement), your insurance company steps into the shoes of the uninsured driver and pays for your injuries and losses up to your policy limits.
• Prompt Reporting is Key:  UM claims can be complex and are often subject to strict deadlines.  It is vital to report the accident and file the claim with your insurer as soon as possible.  

4. Who pays when I get hit by another vehicle?

The at-fault driver’s insurance is generally responsible for paying your comprehensive damages. This includes: 

• Medical bills (present and future)
• Car repairs (property damage)
• Lost wages (current and future)
• Pain and suffering (non-economic damages)

Note:  Insurance companies often dispute fault, delay payment, or offer initial “lowball” settlements.  A personal injury attorney can intervene to ensure you recover the full and fair compensation you’re legally entitled to.

5. Do I need to sue someone to get money from a car accident?

No. Most personal injury claims are resolved through insurance settlements.  Suing (filing litigation) is typically the last resort. Your alternatives to a lawsuit  include:

• Filing a claim with the at-fault driver’s insurance.Hiring a personal injury lawyer to negotiate a fair settlement on your behalf.Utilizing your own insurance (UM/UIM) if the other driver is uninsured or underinsured.

If settlement discussions stall or an insurance company refuses to offer a fair amount, litigation may become necessary, but it is not the default path. . Many people prefer to resolve things outside of court, and the good news is that’s completely possible.

6. How do you determine who is at fault in an accident?

Fault is determined by reviewing the evidence and assessing which driver violated traffic laws or acted negligently.  Key evidence includes:  

• The official police report (often the most critical piece of evidence).
• Eyewitness statements and testimony.
• Photos and video footage from the scene.
• Damage patterns on the vehicles.
• Evidence of traffic law violations (e.g., speeding, texting, running a red light)

While insurance adjusters will review this information, remember they work for their company, not you. The right legal representation helps to ensure the evidence is properly interpreted to determine liability fairly.

7. What do I do if I am in an accident, and they say it’s my fault?

Do NOT admit fault at the scene of an accident.  Liability is a legal determination, not a simple agreement.  

Steps you should take:

1.  Gather Evidence:  Collect as much evidence as possible (photos, witness names and contact information) to protect your side of the story.

2.  Obtain the Police Report:  This will contain the responding officer’s initial findings.

3.  Inform Your Insurance:  You are required to report the accident, but you are not obligated to give a recorded statement to any insurance company (even your own) without first consulting with an attorney.

Comparative Negligence:  In many states, fault can be shared.  If you are found partially at fault (e.g., 20% responsible), your total compensation will simply be reduced by that percentage.

8. Do I have to hire an attorney if I get in an accident that’s my fault?

Not necessarily. If the accident involved minor damage and no injuries,  your insurance company will usually handle everything. 

However, you should strongly consider hiring an attorney if:

• Someone else suffered serious injuries.
• A lawsuit is filed against you.
• There is a significant dispute over how the accident occurred. 
• You are facing criminal charges (like DUI/DWI). 

An attorney can protect your legal rights and interests when the stakes are high.

Additional Critical Information for Claimants

Key Considerations

• Strict Deadline:  The statute of limitations is a strict legal deadline.  If you do not file a formal lawsuit in court before the time limit expires, you generally lose your right to sue, regardless of how strong your case is.
• “Discovery Rule”:  For some cases (especially medical malpractice or injuries that are not immediately apparent), the clock may not start until the date the injury was discovered or should have been reasonably discovered.
• Minors:  If the injured person is a minor (under age 18), the statute of limitations is often tolled (paused) until they turn 18, giving them until their 18th birthday (plus the statutory period) to file suit.
• Disclaimer:  This information is for general knowledge only and is not legal advice. Deadlines can be complex and have various exceptions.  You should always consult with a qualified attorney in the relevant state to determine the exact statute of limitations for your specific case.

Even if you’re not sure whether you want to take legal action, it doesn’t hurt to have a discussion about your options. Schedule your FREE consultation with Lloyd Baker Injury Attorneys today.