What to do After a Car Accident

In Mississippi you are not required to report an auto accident to the Department of Public Safety as long as all the parties involved in the accident agree about the circumstances of the accident and the responsibilities for repairs. However, it is always a good idea to call 911 and report the accident.

If you and the other driver make a verbal agreement to let the insurance company handle things and not report the auto accident to law enforcement ask yourself these questions? Is their auto insurance up to date? Do they have auto insurance? Do they have any expired driver’s license? Do they need medical attention? Remember it never hurts to call the local law enforcement and report what happened. USA Today reported that as many as one in seven drivers have no car insurance and in Mississippi 28% of drivers are uninsured. Many drivers are skirting the system by carrying an expired or fake insurance card.

NEVER leave the accident scene as you could face criminal charges. Regardless of whether a wreck looks serious, you always have to stop, check on the other person involved and exchange insurance information. In Mississippi you must report it to the law enforcement if someone has been injured or there has been a death or the accident resulted in $500 or more in damages to the vehicles or property. If someone is injured call an ambulance as soon as possible.

If you have called the police once you have filed an accident report ask for a copy of it. If you do not get a police report documenting your accident, what proof do you have that it happened? And you insurance company will want a copy of it for your claim.

When dealing with the other driver you should always ask them as soon as possible, “Are you all right?”

Do not yell, do not lay blame on anyone and always be polite. Never admit liability or in any way say it is your fault. If you do, you are legally admitting liability, which could expose you to a law suit.

Take some deep breaths and stay as calm as possible as you need to assess the situation and document it. Be sure to collect the names, addresses and phone numbers of any witnesses or others involved in the accident. If possible, take photographs to document skid marks, vehicle damage, road obstructions and injuries. Document what you were you doing just before the crash? Where were you going and what street were you on? When did you see the other driver enter into the picture? You'll need to have a consistent and accurate account of the accident to give to the law enforcement and your insurance provider.

Make sure that you get the other driver's name, address, and insurance company name and policy number. Then make notes of the make, model and color of vehicle they were driving and their license plate number. If there were any witnesses get their names and phone numbers too.

If there were severe injuries or a death has resulted from the accident you should contact a lawyer as soon as possible. All too often valuable evidence disappears, witnesses move, memories grow dim and the ability to prove your case may diminish.

An experienced Personal Injury attorney can provide you guidance if you are being treated by a physician, guidance with your our medical care and help you deal with unpaid bills. Legal advice can also be useful if you have questions about the settlement value of a claim, your insurance policy's terms, or suspect bad faith on the part of your insurance company. It is a good idea to consult with a personal injury attorney before providing any other information to the insurance company.

Hopkins, Barvié & Hopkins, P.L.L.C., focuses on representing individuals and their family members in personal injury and wrongful death cases, such as those often involved in auto accidents. Contact us and we will evaluate your case at no cost or obligation. With more than 66 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

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Did Your Insurance Company Deny Your Claim?

You made an insurance claim after your auto accident and then you received a letter stating that your claim was denied. Every situation is different but we have listed some common reason that insurers give for denying claims below:

The accident was avoidable

If you could have avoided the accident, or if you did something that led to or caused it, then you may have your insurance claim denied.

Policy Exclusions

Certain types of injuries are excluded from insurance polies and are often listed in fine print. There are cases where denials of coverage are based on a technicality that is briefly described in the policy.

There was no complaint or treatment at the time of the injury

If you claim that you got injured as a direct result of the car accident, it is imperative that you go and get treatment right away. Otherwise, the insurer may argue that the injuries did not happen as a result of the accident or that the injuries are not related to the accident. If you have proof that you went to the hospital immediately after the accident and your injuries were diagnosed then, you will have a much stronger case than if you wait. If you delay, this may make the insurer believe that the injuries are made up or exaggerated to try to get a payout. Most people who are genuinely hurt do get medical care immediately.

Limited of No Medical Records

If you do not have medical records that indicate you actually suffered an injury, then your claim is very likely to be denied since you cannot prove you will be entitled to any damages. With incomplete records they may also be denied.

Pre-existing condition

If you have a pre-existing condition, the insurance company may claim that the injury did not occur on the date of the alleged accident, but is attributable to some preexisting injury or health problem.

Options after Injury Coverage Denial

If you received a notice of denial, you need to talk to your insurance company as soon as possible to find out what went wrong with your claim and what you need to do to fix it. An insurance company owes the insured a duty to act in good faith. They may breach this duty by failing to investigate a claim, failing to negotiate a settlement or unwarranted denial of injury claims.

If you have to file an insurance claim for any reason, chances are you already have suffered enough. We work to help you make sure you do not suffer again at the hands of your insurance company.  Call Hopkins, Barvié & Hopkins, P.L.L.C. if you have been denied a legitimate insurance claim we will evaluate your claim at no cost or obligation. With more than 66 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

Los Abogados Hablan Espanol

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April is National Distracted Driving Month

We have all read or heard the recent stories regarding distracted drivers. A couple examples are:

In 2017, State Farm Found that 82% of those surveyed considered talking on a hand-held cell phone while driving to be distracting, yet half reported doing just that.  They also found that 35% owned up to texting while operating a vehicle.  Nine Americans die per day in crashes that involve the driver;s attention being diverted.  

In 2015, Michigan saw more than 7,000 motor vehicle crashes involving distracted drivers. More than 3,400 people were injured -- and 26 were killed. Those numbers are up from 2014, in which 14 people were killed and 2,429 others were injured.

Keep in mind that ANY activity that can divert your attention away from the task of driving is considered distracted driving. This includes but is not limited to anything that involves using your cell phone; Eating or drinking; Engaging with passengers, children or pets; Applying make-up or shaving; or reading a map. If you need to do any of these pull your vehicle over and handle them safely.

If you are one of the 82 percent of American drivers that believe hands free devices are safer than using a handheld phone the National Safety Council (NSC) states that is not the case. More than 30 studies have shown hands free devices are no safer because the brain remains distracted by conversation. The NSC stated that when talking on a cell phone, drivers can miss seeing up to half of what’s around them, such as stop signs, traffic lights and pedestrians.

So put down your cell phone, do not text and drive, stop eating that sandwich when driving and keep your hands on the steering wheel and eyes on the road. Take the pledge to drive cell free.

We urge you to educate yourself on the dangers of distracted driving. To practice safe driving habits and to speak out if the driver in your vehicle is distracted. And remember that Mississippi House Bill 389 becomes effective July 1, 2015 which prohibits drivers from typing, sending or reading text messages, emails or social media messages.

If you or a loved one has been a victim of a distracted driver you should contact an experienced personal injury attorney at Hopkins, Barvié & Hopkins, P.L.L.C and we will evaluate your case at no cost or obligation. Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 67 years of combined legal experience, our attorneys offer our clients throughout Mississippi the representation they need.

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.