888-888-8888
Home icon Envelope icon

A Car Accident Attorney Talks About Post-Accident Checks

A Car Accident Attorney Talks About Post-Accident Checks
Calendar icon October 24, 2020 | Reading Time: 4 min
Tags icon

You ended up in a car accident and the other driver was liable for it. You have no injuries and the damage isn’t extreme. The driver offers you a check and asks you to stay quiet and not report the accident. This may seem like a good offer. A car accident attorney would tell you that the best thing to do is not accept the check and still report the collision.

You’re still in shock and later you may find out that your vehicle has bigger damage (which cannot be covered by the offered check). Also, you may have injuries that are internal, and the check won’t be enough for your medical expenses.

Accepting the money from a liable driver is risky because once you do that, you no longer can ask for higher compensation. If this happens to you, call a car accident attorney as soon as possible.

Why You Shouldn’t Accept Money From the Liable Driver?

You’re putting yourself at risk to jeopardize your ability to get a compensation claim in the future. The driver is a total stranger so it may be unreasonable to accept money from them. You should report the crash as soon as possible, so you can seek full compensation for your potential injuries and damages. Your auto insurance company will also seek a copy of a police report for its records.

Here are several reasons why this happens (more often than you can imagine)

  • The driver doesn’t have auto insurance at the time of the crash;
  • They don’t have a valid driver’s license;
  • They fear their auto insurance premium would increase if they reported another accident;
  • The driver already had points on their driving record and another accident would lead to a suspension of their driver’s license;
  • They don’t have permission to drive the car they crashed.

If the at-fault driver refuses to exchange info with you or flees the scene after they crashed your vehicle, you can file a police report and seek compensation with your uninsured motorist policy.

What If the Liable Driver’s Insurance Company Offers Me Money?

If you accept a settlement, the insurer will ask you to sign a document where you state that you agree not to take further legal action against the company or the policyholder. This also isn’t a smart idea. In the future, you may have more physical complications from your injuries that would demand medical care. The money won’t be enough to cover your medical expenses. The same goes for other potential damages to your vehicle.

Insurance companies will do their best to save money. This is why they offer low settlements that don’t take into account an accident victim’s future needs and expenses, or pain and suffering (which is non-economic damage). An insurer may offer a low settlement immediately after the accident, hoping that you would accept the money to cover your medical bills and lost wages.

How a Car Accident Attorney Can Help You

Being on your own in cases like these can lead to many decisions that later may turn out wrong. Having a car accident attorney by your side that has experience in such cases will be of great help. They know how to negotiate for a higher settlement and how to put a value on your claim.

Depending on how severe injuries you have and the circumstances of your accident, you should start filing a negotiating insurance claim with your lawyer. It will help you settle the case fast and avoid trial. In case the auto insurers don’t offer fair payouts or even refuse to offer a settlement, your lawyer won’t hesitate to file a lawsuit and take your case to court.

Keep in mind that the insurance company will only consider measurable damages. They won’t think of your emotional pain and suffering that followed the injuries. Your lawyer will keep in mind the non-economic damages such as:

  • pain and suffering
  • mental anguish
  • emotional distress
  • loss of enjoyment of life
  • disability or disfigurement
  • loss of consortium or companionship

Cellino Law is Here to Help You Get the Compensation You Deserve

Your car accident attorney can also seek punitive damages against the liable driver (this depends on factors of the collision). If the driver had a mal intention to injure you, the judge may award you punitive damages.

Don’t hesitate to consult a car accident attorney. Our team at Cellino Law is here to offer you a free case review. Contact our office today and schedule your consultation. We’ll do our best to help you get your much-deserved compensation claim.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

SHARE THIS ARTICLE
     

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

    By submitting this form, I agree to receive communications including calls, texts, and/or emails as outlined in the Terms Of Use.

    Testimonials

    • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

      Theodore

    • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

      Anthony

    • Thank you for your efforts on my behalf. I am very pleased (and surprised) at the amount of the settlement. We will use the funds to help pay down the debt on the truck we had to purchase after ours was totaled. Thank you again.

      Linda

    • I highly recommend Cellino Law to anyone involved in a car crash. I worked with Michael Lovecchio, and had a wonderful experience given the circumstances. He was very attentive, and got the best possible outcome I could have wanted.

      Susan

    • Tim Cellino handled my case beautifully. He is very knowledgeable and patient with all my questions. He kept in touch with me through out my ordeal. Tim also got a settlement for more than I expected. I highly recommend Tim Cellino!

      Jayne

    • I am writing to let you know what an outstanding job George Gridelli did for me in my personal injury lawsuit. His professionalism and expertise were evident at our first metting and he and his paralegal Diane D'Andrea took care of me as if I was a friend and not merely a client. They both went above and beyond for me in so many ways that it would be too numerous to list and I am grateful to have had such an exemplary team represent me. When working with George and watching him in court he personified to me what a lawyer is supposed to be - an honest, extremely compentent man who helped guide me through the legal system. I could not have obtained better representation anywhere else at any price. To me that says a lot abut you and your firm's integrity. Thank you again for representing me and for having such stellar individuals working for you! I will continue to recommend your firm.

      Carol