Car Accident Archives | Warren Allen LLP Attorneys at Law

What Types of Personal Injury Cases Should You Consult a Lawyer For?

Written by George McCoy on March 26, 2026. Posted in Personal Injury.

After an injury, the pain and treatment that follow can feel overwhelming, but they might not be your only stressor. Attempting to recover while wading through a mess of paperwork, navigating legalities, and dealing with hostile insurance companies trying to deny you coverage can cause both emotional and financial harm. It’s important to know that you don’t need to handle everything on your own. Skilled lawyers can assist with many types of personal injury cases, allowing you to focus on your recovery.

The personal injury lawyers at Warren Allen LLP understand how important it is to have legal representation when you need it. Below, we break down a few of the most common circumstances where it’s to your benefit to contact a legal professional after you have been injured.

Serious Car Accidents

In the city of Portland, OR, alone, there are as many as 12,000 car crashes every year, with dozens of these resulting in serious injuries or fatalities. An automobile accident is a traumatic experience for all involved, and those who have experienced it may wish to move on quickly and put the incident behind them. However, the complexities of the laws surrounding major car accidents mean that legal counsel is a must for anyone who has been involved in an incident that resulted in physical injury or death.

While not every accident necessitates the services of an attorney, many are the unfortunate result of negligence, intoxication, or reckless behavior on the part of other drivers. In other situations, finger-pointing can make it difficult to correctly identify the responsible party, leaving fault in question. It’s also a fact that many serious complications can develop after the accident has taken place, even if injuries are not immediately obvious.

For these reasons, it is essential for even seemingly minor crashes to be reported to authorities and insurance companies within the allotted deadlines. It’s also important to contact a personal injury attorney as soon as you suspect there might be any issues.

Workplace Injuries

Any time an injury occurs in the workplace, there will be multiple parties that have a financial stake in controlling the narrative. It’s not uncommon for insurers and employers to attempt to fight your right to any compensation through various means, such as claiming that a preexisting condition is responsible for your resulting health care expenses. In any case where an insurer attempts to deny coverage or where an employer attempts to retaliate against you for lawfully reporting your injuries, an attorney can help to ensure you receive due compensation.

As with the process of reporting car accident injuries listed above, any situation involving workers’ compensation is legally complex and frequently requires navigating a mire of paperwork, deadlines, and various federal, state, and local laws. As a result, it’s a good idea to consult with an attorney after any workplace injury, even if the case seems minor and easily resolved.

Medical Malpractice

While the above topics can be complicated, they pale in comparison to the legal complexities experienced by victims of medical malpractice. A medical error or negligence can have a devastating effect on an individual and be incredibly difficult to prove without the assistance of experienced legal counsel. In many cases, the failure of a medical professional to provide adequate help in a timely manner can have long-term, and sometimes life-threatening, consequences. That’s why it is important to discuss potential legal concerns with a professional when they arise.

If you have been the victim of a misdiagnosis, experienced medical negligence or misconduct, or your medical team has mishandled your personal information or failed to provide you with key details about your case, then you may have grounds for a malpractice suit. Contact us to discuss your concerns with a qualified personal injury lawyer.

Any Case Involving Long-Term Harm

Not all types of personal injury cases fit into the neat boxes listed above, and if you take only one of the tips from this guide to heart, it should be that you should consult a legal professional whenever you are uncertain about the outcome of an injury case. In particular, any case that involves or may involve long-term harm should be one that is discussed with a lawyer.

The primary reason for this is that long-term injuries often do not manifest immediately. This may give responsible parties an opening to attempt to deny responsibility and avoid paying the necessary compensation, making it harder for you to prove your case.

In any situation where you or a family member has been injured in a way that may result in long-term consequences, you should consult a personal injury attorney to help you navigate the resulting legal process.

Anytime Your Insurance Company Fails to Offer Adequate Compensation

Any situation that has led to an injury, whether major or minor, can be devastating for you and your loved ones. In addition to the physical pain involved and the consequences for your long-term health, the emotional toll can be incredibly draining. Add to this the stress and trauma involved in a protracted financial battle with an insurance company, and it can be a truly overwhelming experience for any person.

Anytime your insurance company drags its feet or attempts to deny you the coverage that is due, you should contact a trusted personal injury attorney who can assist you in obtaining the compensation you are rightfully owed. That’s why our dedicated team at Warren Allen is here to help. With experience handling many types of personal injury cases and taking on insurance companies and other defendants, our experts are here to ensure you receive everything you are entitled to.

Contact the personal injury attorneys at Warren Allen for assistance with your case so that you can focus on your recovery.

Dos and Don’ts After an Auto Accident in Portland, OR

Written by George McCoy on March 26, 2026. Posted in Car Accident.

If you’re in an auto accident in Portland, your drive can shift from routine to stressful in a matter of seconds. There might be injuries, damaged property, and questions about what should happen next. In that chaotic space, it’s easy to react without thinking things through. What is said and done early on, however, can affect how everything unfolds later, so don’t act rashly.

You are not expected to have all the answers at that moment, but having a basic understanding of how to respond can prevent avoidable problems later. Local laws, insurance practices, and the details of the situation all play a role in what comes next.

Taking a steady, informed approach helps keep things from becoming more complicated than they need to be. The following information will help you navigate what you should and should not do after an auto accident in Portland.

Immediately After the Accident

Right after an auto accident, the scene can feel disorganized and tense. Your first concern should always be safety. You need to take a moment to check for injuries and move out of traffic, but only if it can be done without risk. Even when everything looks manageable, calling 911 should still be your first step so that responders can assess the situation.

It’s common to feel overwhelmed, but staying focused matters. Giving accurate information to dispatch helps ensure the right kind of response. You are required to remain at the scene in Oregon, and leaving too soon can create legal trouble, even if the accident seems minor.

You should also avoid making quick judgments about what happened or how serious it is. What feels small in the moment can develop into something more. Taking the situation seriously from the start helps prevent complications that could have been avoided.

Do: Attend to injuries, and call law enforcement.

Don’t: Leave the scene of the accident or make quick judgments about the situation.

At the Scene

At the scene of an auto accident in Portland, the law requires that you exchange information with the other driver. This includes names, contact details, and insurance information. The goal is to keep this process straightforward and limited to facts, without turning it into a discussion about fault.

You should be careful with your words, even in casual conversation. Saying, “I’m sorry,” or trying to explain what you think happened can be misunderstood later. It’s better to let the investigation determine responsibility based on evidence, rather than statements made in the moment.

Taking photos can help preserve details that might otherwise be forgotten. Capturing vehicle positions, property damage, injuries, and road conditions creates a record that does not rely on memory. That record can become even more important if different versions of events emerge later.

Do: Exchange information with the other driver, and take photos of the scene.

Don’t: Say anything that might implicate yourself as at fault.

Medical Attention and Documentation

After an auto accident, people often assume they are fine if nothing hurts right away. That assumption can lead to problems later on. Some injuries take time to manifest, and waiting too long to seek care can make recovery more difficult. Getting checked early will help you identify issues before they worsen.

Medical records also connect injuries to the accident, which matters if questions come up later. Following through with treatments and attending appointments shows consistency and creates an official record of your injuries. Skipping visits or stopping care too soon can raise doubts about what actually happened.

You should also take note of how you feel in the days and weeks that follow. Keeping track of symptoms, even small ones, helps build a clearer picture of the impact. Those details may not seem important at first, but they can become relevant as the situation develops.

Do: Seek medical help, even if you don’t feel injured, and take note of any new or ongoing symptoms, even if they arise days or weeks later.

Don’t: Skip visits or stop treatment too soon.

Insurance Companies

After an auto accident, you must report your accident to your insurance company, and they usually jump into action quickly. While it may seem helpful, these conversations are not always as simple—or as innocent—as they seem. When you report the incident, it is best to stick to clear, basic facts.

Be cautious when answering detailed questions or agreeing to recorded statements. The way something is phrased can affect how it is interpreted later. It is also important to stop and think before signing anything, especially if it involves a settlement.

Early offers may seem convenient, but they do not always reflect the full impact of the accident. Once accepted, it may not be possible to revisit the issue. For that reason, many people choose to get guidance from an experienced legal team that can assist with handling these communications.

Do: Report the accident to your insurance company, be cautious about what you say to insurance reps, and contact an attorney if you have questions or concerns.

Don’t: Accept a settlement too soon.

Protecting Your Rights

The time you have to submit reports or file claims after an auto accident in Portland is shaped by Oregon law, including deadlines that limit how long you have to act. Waiting too long can remove the option to seek compensation, even when the situation would otherwise qualify.

You should also understand that responsibility is not always assigned to one person alone. Oregon uses a system that allows fault to be shared, which means your actions and statements can influence how that is determined. Small details can carry weight.

Keeping everything organized helps support your position if questions arise. Reports, estimates, and medical records all contribute to a clearer understanding of what happened. Taking a careful approach early on helps protect your rights and keeps options open as things move forward.

Do: Submit reports and file claims on time, and keep thorough records.

Common Mistakes to Avoid

Drivers sometimes make decisions that seem minor at the time but lead to larger issues. One common issue comes from inconsistent information. When details change, even unintentionally, it can raise questions about accuracy. Talking too freely about the accident, whether in person or online, including social media, can also create complications that are difficult to correct.

There is also a tendency to move too quickly, whether that means repairing a vehicle before documenting damage or accepting a settlement without understanding the full impact. Having the experienced guidance of the attorneys at Warren Allen LLP can help reduce stress and provide clarity when it’s needed most.

Do: Contact Warren Allen for a consultation.

Don’t: Talk too freely about the accident or make vehicle repairs too quickly.

What Does “No-Fault” Mean in a Car Accident?

Written by George McCoy on March 18, 2026. Posted in Car Accident.

A car accident is typically categorized as an at-fault or no-fault accident. Often, this determination depends on the laws in the state where the accident occurs, but it isn’t just a legal matter. It’s also about whose auto insurance is going to cover which expenses after an accident.

It can be a complicated topic, especially when you live in an at-fault state that offers no-fault insurance as an add-on option, which is the case for both Oregon and Washington. Understanding the terms and the basics of how the no-fault accident system works will help you navigate what comes next.

What Is a No-Fault Accident?

The phrase “no-fault accident” is a little misleading, because it doesn’t necessarily mean no one is at fault. Rather, it refers to a system where each driver’s own insurance covers certain injury-related expenses, regardless of who caused the collision. This is usually tied to personal injury protection (PIP), which is built into many policies.

The key distinction between an at-fault and a no-fault car accident is in the timing of the insurance payments. For an at-fault accident, fault must be determined before either of the insurance companies covers medical costs. In a no-fault accident, however, instead of waiting for fault to be declared, coverage is available right away from each driver’s own insurance company. This allows necessary treatment to begin without delay and reduces immediate disputes between drivers.

It does not mean fault disappears, however. Fault still exists and may become relevant later, especially when damages extend beyond basic coverage. The term “no-fault” simply reflects how the first layer of financial responsibility is handled, not the full outcome of a claim.

No-Fault Insurance Coverage

After a no-fault accident, the coverage available through a PIP policy is focused on injury-related costs, not vehicle repairs or broader losses. Medical bills are the primary concern, including doctors’ visits, testing, hospital care, and rehabilitation services tied to the accident.

Lost income may also be partially covered if injuries prevent a return to work. In some cases, coverage extends to everyday support, such as help with tasks that cannot be handled during recovery. These benefits are designed to stabilize day-to-day life while recovery takes place.

There are usually clear financial limits attached to this type of coverage. Once those amounts are reached, the policy does not continue paying, even if treatment is ongoing. That boundary often becomes a turning point in how a claim develops.

How No-Fault Insurance Affects Claims

When you report a no-fault accident to your insurance company—or have no-fault insurance—instead of opening a claim against another driver first, the process begins with personal coverage. This can streamline early coverage payments. It also means that communication is primarily with your own insurance company at the start, although this relationship carries its own expectations, including timely reporting, detailed documentation, and ongoing updates about recovery.

Insurance companies still evaluate claims closely. They may request records and accident reports, review treatment plans, and assess whether care is actually related to the accident. Disagreements can arise over what will be covered or how long benefits should continue.

When those issues surface, it may become necessary to take a closer look at the claim and how it is being handled. Consulting with an attorney can help you address your concerns and keep things moving forward.

Fault Still Matters

Even within a no-fault accident system or insurance, responsibility continues to play a role in areas beyond basic injury coverage. Property damage is one example of where the at-fault driver’s insurance is often still involved in paying for vehicle repairs or replacement.

Fault can also influence what happens after initial benefits are used. If injuries are serious or long-lasting, determining who caused the crash may become central to pursuing additional compensation.

This is where evidence becomes important. Accident reports, witness statements, and other details help establish what happened. While fault may not control the early stages, it can shape what options are available later on. Both systems operate together rather than replacing one another.

Limits on Lawsuits

A no-fault accident system often places boundaries on when a lawsuit can be filed. These limits are based on thresholds, which are usually tied to the severity of injuries or the overall cost of medical care.

If those thresholds are not met, recovery is generally limited to what is available through personal insurance. When they are met, it becomes possible to pursue a claim against the driver who caused the crash.

This structure is meant to reduce smaller claims from moving into court, while still allowing serious cases to be addressed more fully. It also creates a dividing line between routine accidents and those with more lasting consequences. Knowing where that line falls can make it easier to understand what steps may be available as recovery continues.

Common Misunderstandings

A no-fault accident is often mistaken for a system where accountability no longer exists. In reality, responsibility is still part of the process; it’s just not the starting point for every expense.

Another misunderstanding is that personal insurance will fully cover all losses. Coverage is limited by policy terms, and it may not account for long-term effects, ongoing care, or non-economic impacts tied to an injury.

There is also a tendency to assume that legal action is completely restricted. While there are limits, those restrictions are not absolute. Certain cases still qualify for additional claims when specific conditions are met.

Protecting Yourself

Early actions can influence how smoothly a claim develops after a no-fault accident. Prompt medical attention creates a clear connection between the accident and any injuries, which can be important for coverage decisions.

Keeping consistent records of treatment, symptoms, and expenses helps support the claim over time. Gaps or inconsistencies can raise questions, even when injuries are legitimate.

Communication with insurance companies should remain careful and precise. Providing clear information without speculation helps avoid complications that can slow down the process.

A steady, informed approach in the early stages after an accident often reduces issues later, especially if the claim becomes more complex. When your questions start to stack up, the experienced attorneys at Warren Allen LLP can clarify details and explain the process, ensuring you have a clear understanding of your claim.

What Types of Injuries Do Oregon Personal Injury Attorneys Work With?

Written by George McCoy on January 18, 2026. Posted in Personal Injury.

Getting injured throws your life off in ways you can’t really predict. One moment you’re fine, and then suddenly, you’re dealing with pain, doctor’s visits, medical bills, missed work, and questions about what the next few weeks or months might look like. You might also find yourself wondering what kind of assistance you can seek for your situation. Is compensation an option? Should you contact an attorney?

Before you contact any Oregon personal injury attorneys, it may help you to know what types of injuries they work with. That way, you can assess ahead of time whether the circumstances of your injury apply.

Below, we discuss some of the most common types of injuries handled by Oregon personal injury attorneys like Warren Allen.

Note that this list is not all-inclusive. Every personal injury case is unique, and you should contact a personal injury attorney if you have any questions.

Car Accident Injuries

Injuries from car accidents can bring all sorts of problems, including lingering pain and growing medical bills. Personal injury attorneys handle these cases often, dealing with injuries such as whiplash, nerve irritation or damage, back strain, fractures, and concussions. You might notice soreness right away, or it might creep up on you later. Even a small collision can leave you feeling stiff or off balance for days, and those symptoms don’t always resolve quickly.

When an attorney reviews a car accident case, they try to understand the crash from every angle. They look at police and medical reports, talk with you about what changed after the accident, and study the documents and photos linked to the scene. Some injuries don’t show up clearly on imaging tests, so they might request more notes from your doctor or encourage follow-up evaluations. The point is to show exactly how the crash affected you so insurers can’t dismiss the seriousness of your symptoms.

Long-term effects matter too. Maybe you have trouble lifting things now, or maybe you’re dealing with headaches that weren’t an issue before. Those limitations can affect everything from your job to your sleep. Attorneys factor these issues into your claim because recovery is rarely straightforward, and ignoring the longer impact would leave you without the support you may need moving forward.

Slip-and-Fall Accidents

Slip-and-fall accidents occur more often than you might realize. A wet floor or uneven walkway can cause damage that affects you for months—even if you don’t experience symptoms immediately. Oregon personal injury attorneys regularly help people who walked away thinking they were fine, only to realize later that the pain wasn’t letting up. Common injuries from slip-and-fall accidents include sprains, broken bones, back issues, and head injuries.

To evaluate these cases, attorneys look first at the environment where you fell. They want to know whether the hazard was something a property owner should have noticed or fixed, review maintenance records if they exist, talk to witnesses, and check for photos or video footage. Your medical documentation will be reviewed to understand how the fall has affected your body and whether your recovery is expected to be quick or more complicated.

What catches people off guard is how much a fall can interfere with daily routines. You may find that walking or bending suddenly takes more effort or triggers sharp pain that wasn’t there before. Personal injury attorneys look closely at these changes because they show the real impact of the accident.

Medical Malpractice Injuries

Medical malpractice injuries are tough because they happen in a place where you expect safety and proper treatment. Personal injury attorneys often see cases involving misdiagnoses, incorrect medications, surgical mistakes, or problems during labor and delivery. These injuries can shake your confidence in your care, and dealing with the physical harm on top of the emotional fallout can be overwhelming.

Attorneys handling these cases usually start by studying your medical history in detail. They look at what your provider did—and didn’t do—whether the symptoms should have received a different response, and how the treatment you received compares to what should have been done. Since these cases require clear medical explanations, attorneys work with experts who can assess what went wrong and why.

Recovery from a medical error can be slow and complicated. You may face extra treatments, corrective procedures, or unexpected limits on what you can do, possibly affecting your income, your lifestyle, and your future medical needs. An attorney’s goal is to present the full picture of what the mistake has caused, not just the immediate harm, and help you seek compensation.

Workplace Accidents

Personal injury attorneys often work with people who are hurt by equipment, repetitive tasks, unsafe setups, or simple falls on the job. No matter the job type, an injury at work can disrupt your income, your routine, and your ability to return to your role.

Attorneys evaluating workplace injuries also consider whether workers’ compensation applies or if any other party besides your employer contributed to the danger. Each case has its own path, and figuring that out is part of what an attorney does in the early stages. Their focus is on making sure you have support as you adjust to the changes the injury brings.

Catastrophic Injuries

Catastrophic injuries bring life-changing consequences that don’t fade with time. Oregon personal injury attorneys often represent people facing spinal cord injuries, traumatic brain injuries, severe burns, amputations, or other injuries that permanently alter their lives.

These cases require more careful evaluation because the future becomes a major factor in assessing the harm. The financial side of catastrophic injuries is significant, and it builds over time. The costs of medical treatment, equipment, therapy, or other long-term needs can add up quickly.

Other Types of Injuries

If you have been injured in an accident due to someone else’s negligence, even if it isn’t discussed above, or if you have questions about your specific situation, don’t hesitate to contact an Oregon personal injury attorney. An attorney will consider the cause and circumstances of your injury, the damage done, the physical impact on your body, and the long-term effects of the injury to determine if you have a case.

Get started by contacting the experienced attorneys at Warren Allen LLP. We help personal injury clients understand their options and guide them through their next steps.

Choosing the Right Personal Injury Lawyer for Your Case

Written by George McCoy on October 10, 2023. Posted in Car Accident, Personal Injury.

It can be a frightening place to be when you or a loved one are hurt, and then you have to navigate a legal case on top of the healing process. How do you know when to get a personal injury lawyer involved and how to pick the right one when you do? For many, legal issues can be daunting.

Here at Warren Allen LLP, Attorney at Law, we know Oregon personal injury law better than anyone, and we want to help you feel confident when hiring your personal injury lawyer. We have compiled some excellent tips on choosing the right personal injury lawyer for your case.

When Do You Need a Personal Injury Lawyer?

If you have been injured because of someone else’s negligence or wrongful actions, you might struggle with financial difficulties caused by missed work and medical expenses. Recovering compensation for these damages can be challenging, but a personal injury attorney can provide valuable assistance.

Personal injury attorneys handle a range of cases, including car accidents, slips and falls, medical malpractice, workplace injuries, product defects, dog bites, wrongful deaths, and nursing home abuse. They possess the necessary expertise to navigate legal procedures, gather evidence, negotiate with insurance companies, and represent clients in court to secure the compensation they deserve for their injuries and losses.

What To Look For

Look for References

When you hire a professional to do a job for you, you should look at their references and track record. Finding the right lawyer is not an exception. Many people have worked with a personal injury lawyer, so ask family, friends, and coworkers.

Both good and bad experiences can be helpful, but any good experiences will help you build a list of which lawyers to research further. You can also check sites like Martindale for peer reviews of law firms and individual lawyers.

When looking for a lawyer to handle your personal injury case, it is also good to consider their place of business. It’s a good practice to select a lawyer who operates from a professional office, as personal injury cases can be complex and require meeting numerous deadlines. A professional office indicates that the lawyer has efficient processes in place to handle their workload.

A messy office won’t necessarily mean they are a bad lawyer; many attorneys have piles of files in their offices. However, your lawyer should be punctual for meetings and quickly respond to your inquiries.

Experience

You want to make sure that you are working with someone with experience in personal injury law and who has successfully gone to trial. Having an experienced expert in Oregon personal injury law can relieve you of the stress of handling your own case and ensure you get all you are owed.

The liable party will often try and settle outside of court for much less. Ultimately, it is up to you to decide if the settlement is what you deserve. With an experienced lawyer on your side, they can help you navigate this tricky world and help you take your case to trial.

Finding someone with a track record of successful negotiations and litigation is also important. While most cases are settled out of court, having an attorney with experience taking cases to a jury verdict is important. In order to assess their success rate, you can ask the attorney directly. If they do not provide this information when requested, it may be a sign that their success rate is not high.

Working on Contingency

It can be a lot to handle when healing and working to get your case to trial. If you have been injured and need legal assistance but are not working or earning income, the cost of a lawyer can be concerning. Typically, lawyers charge hundreds of dollars per hour for their services, which may be beyond your budget.

However, there is good news: many personal injury lawyers work on a contingency basis, meaning they will take payment once you receive the payout from your case. The contingency fee is usually 40% or less of the final settlement amount. You want to seek out a lawyer who charges within this range. The best lawyers will include legal fees in the final settlement to ensure you receive the maximum compensation possible.

When starting your search for a lawyer, ask for a consultation with those who have passed your initial research. Most personal injury lawyers should offer free consultations. During an initial consultation, a possible client will meet with a lawyer to assess the strengths of their personal injury case and see if the lawyer and client can work together.

Communication

Especially when it comes to a personal injury case, communicating effectively with your lawyer is important for the best outcome. You must ensure they listen to your concerns and explain concepts clearly to give you confidence that your input will be considered before any significant decisions are made. Your satisfaction with their approach will depend on their willingness to understand your perspective, and their ability to explain the progress of your case will help you make informed decisions. Effective communication can also reduce the stress of the process. Having a good rapport with your personal injury attorney means they should respond to your inquiries, clarify things in a way that’s easy for you to understand, and have your best interests at heart.

If you need legal representation for personal injury, it’s important to consider several factors when choosing the right lawyer. Knowing what to look for can simplify the process.

At Warren Allen LLC, we have specialists in Oregon personal injury law and are dedicated to assisting you every step of the way. If you or a loved one requires legal representation, do not hesitate to contact us. We will work tirelessly to ensure that your rights are protected, and that you receive the compassionate care you deserve.

What To Do After a Car Accident in Portland

Written by George McCoy on April 7, 2022. Posted in Car Accident.

On average, six million car accidents happen in the United States every year. These include fender-benders and smaller-scale collisions all the way up to totaled vehicles. While the number of cars on the road has decreased during the pandemic, people tend to drive while distracted more often and speed, so your odds may be a little greater of getting in a car accident. Oregon is an at-fault state, meaning that if you cause a car accident, you (and your insurance) are responsible for those damages.

The first few minutes after a car accident can be confusing and scary, and you may not know what needs to be done first. Never fear. Here is a list of the things you should do first after a car accident in Portland.

1. Safety First

If possible, pull your car over to a public, well-lit and safe place nearby. This way you won’t impede the flow of traffic and you and the other driver will be able to see each other clearly. If you have a choice, choose the more public option so that others may see the other driver just in case they decide to leave the scene. It’s important that you don’t leave the scene, especially if there are injuries or if there are damages to the vehicles and insurance information to gather.

Hopefully, your car is still drivable, but if not, take stock of whether it will be a road hazard. If you can push it to the side, you can move it even up onto a sidewalk. If not, turn your emergency hazard lights on to give warning to passing cars.

2. Secure Your Traveling Companions

Were you in your car with your pet, a child, another adult, or an elder? Assess whether they are injured first. If you have a child young enough to be in a car seat, don’t take them out of the seat just yet. They may have injuries you can’t see, and it would be best to have a first responder check them out.

However, you wouldn’t leave a pet or a child or an elder in a hot locked car when you run into a store, so if the accident is a minor collision, you can leave the engine running with the AC on, roll down the windows, or let them out of the car while you handle the accident details. But this is assuming there’s a safe place to do so. Make sure you’re situationally aware of the area so you can prevent further injuries and so the pets and people in your care don’t wander off.

3. Talk With the Other Driver

Again, it’s good to be situationally aware. Is the other person agitated? Is this a safe place to talk? They may be frightened or blame you for the accident, so it’s important to choose your words carefully and—above all—remain calm. Before you speak with them, secure any valuables on your person as well. For instance, make sure your purse or wallet is with you rather than in a car with an open window.

It may be appropriate to engage in small talk if you and the other driver need to call an ambulance or the police, but be sure you don’t make any admissions, blame the other person, or apologize. If a claim is filed and the other driver or other witnesses say they heard you say you’re sorry or that you’re at fault in some way, it could be a major headache for you down the road. Rather, the insurance companies will determine these things later.

4. Gathering Information

It’s important to gather the right facts right after a collision. Information you will need to gather from the other driver includes their name and contact information; their insurance company and policy number; their driver’s license and license plate numbers; the type, color, and model of their vehicle; and the time and location of the accident. Be prepared to give this information as well. You should also take pictures of the accident scene and record with audio or video while you ask witnesses what they saw, but make sure they stick to the facts.

Other information you can gather includes road conditions or weather, any injuries you might see, and anything else that contributed to the collision (a distraction on the road, such as a squirrel, cat, or a runaway basketball, for instance). If your insurance company has a mobile app, sometimes they will walk you through items like this so these details aren’t lost in the shuffle.

If you’re a prepared person, you may already have this app on your phone or mobile device, which will cut down on time spent figuring it out and setting it up. Your insurance provider’s app might be critical in this situation because not only can it help you with the accident details, but you may have access through it to roadside assistance or towing or even rental car options.

And of course, make sure to save all this information and details, including receipts, bills, and medical records so that if a claim is filed you will have it all on hand.

5. Contact Your Insurance Provider (And Maybe Us!)

You’ll want to start an auto insurance claim once all these other items are handled. You can expedite the claim process this way by being proactive. Your insurance agent may also have further questions you might have missed or will be able to point out things you are eligible for in your policy. Make sure you ask any questions if you’re not sure of the process or what you need to do, especially if there are any deadlines.

Hopefully, you are uninjured, but if you or someone you love is injured or killed in a car accident, the expert team at Warren Allen LLP has your back. If you find you need to file a personal injury claim, contact Warren Allen today.

Man taking photo of car accident damage evidence with woman on phone.

What Kind of Evidence Is Used in a Car Accident Case?

Written by George McCoy on September 10, 2021. Posted in Car Accident.

If you have been the victim of a car accident, it’s important to immediately gather as much evidence as possible. The more comprehensive your car accident evidence is, the greater chance you have of establishing the validity of your claim and receiving fair compensation. This will require documentation to support your claim. The more you have, the easier it is for your attorney to represent your interests with the insurance company.

If you have been in a car accident and are uncertain of what documentation you should obtain, below details what car accident evidence can best establish your case.

Contact Information of Witnesses

When you have been in an accident, you should collect the names and contact information of any witnesses, including passengers in all vehicles involved. An attorney will need this information to gather official statements from witnesses. This will help determine who is at fault.

It’s also best to call the police. Help may be needed to address any injuries or damage, but even in a minor accident, it’s beneficial to have an official police report. A police report at the time of the accident will further determine which driver is legally at fault.

Details from the Scene of the Accident

Accidents are scary and can be disorienting with the stress and trauma of the incident as well as any physical damage or injuries sustained. Even though it can be difficult to think of everything in the moment, it may be harder to remember important details later. In an effort to keep the facts straight, you should record as much evidence as possible from the scene of the accident. This includes taking photos of the accident and taking notes of what you remember and what was witnessed as soon as you can after the accident.

It’s also important to gather necessary information from any other drivers involved, including their names, addresses, driver’s license numbers, insurance information, and vehicle plate numbers. If it’s a company vehicle or they are driving for an employer, make sure to document the company name and contact information.

Photo or Video Documentation

Photographic evidence or videos will help with presenting a clear claim. Make sure to document any damage or injuries. Take pictures of the accident and any damage to your car. If you or anyone else in the car has suffered injuries as a result of the accident, make sure to take photos of these injuries. It will also help to keep a written record of these injuries and damages, corroborating the photos.

Records of Damage

A portion of fair compensation will include vehicle damage. In order for your attorney to determine what is fair compensation and to support the validity of your claim, keep all documents concerning vehicle damage. Keep copies of receipts for car repairs and rentals.

If you recently upgraded components of your car prior to the accident, provide copies of receipts detailing the work done and showing the date preceding the accident. This could include work on the engine or recently replacing the vehicle’s tires. This increases the value of your car at the time of the accident and reflects what compensation your attorney will fairly seek on your behalf.

Medical Records and Proof of Payment

If you have suffered an injury as a result of a car accident, it’s important to receive timely medical treatment. Not only is it critical to recovery, but it also proves the extent of your injuries and that nothing in the claim is falsified. Keep careful records of all treatment received as well as documents noting the nature and extent of your injuries. Make sure to also include all receipts for payments made. These records will document the medical expenses as well as the extent of your injury.

Once you have finished your treatment, request a complete history of these medical records. It’s important to request copies throughout the process, but once you have received treatment, you can obtain comprehensive records. These may include medical bills, diagnostic images, medications, and other applicable treatments or care.

Written Accounts

Additionally, keep written accounts of your injuries, experiences, and treatments. Who did you see? What was your treatment? What were you required to do post-visit to aid recovery? Were you required to pay anything? What was your experience like? Journaling about the events of the accident, your experiences, and any damage or injuries will help you keep a clear timeline and record of events. It will aid in building your case, as well as prevent you from forgetting important details.

Car accident victims may experience “pain and suffering.” This includes physical injury as well as mental pain and suffering. This is an important component of a personal injury claim and calculates in the claim settlement. Keeping a written journal of things such as loss of sleep or appetite, depression, difficulty in returning to work, or any related pain and suffering will help determine fair compensation and a better resolution.

Proof of Lost Wages

If a car accident has resulted in missing days of work, then you may be entitled to compensation for lost wages and income. Gather pay stubs, W-2s, and any other information that shows missed days of work and what compensation you typically receive as part of your car accident evidence.

Proof of Burden

The burden of proof lies with the person seeking damages. If you are the injured party, then you must prove the other driver was at fault. All of the preceding evidence will help prove the validity of your claim.

After experiencing a car accident, an attorney will guide you in filing a claim and ensuring you have all the proper documentation. They will defend your interests with the insurance company, as well as present your case in court if a desirable settlement is not reached.

The experts at Warren Allen LLP offer sound legal advice and representation to help you receive the best resolution possible. Contact our firm today and learn what your options are. We are here to help you receive fair compensation so you can focus on recovery.

Man and woman exchanging information after car accident.

You’ve Been in a Car Accident: Now What?

Written by George McCoy on December 9, 2020. Posted in Car Accident.

Ever heard the saying, “Hope for the best, expect the worst”? That’s the approach you have to take when it comes to car accidents. You need to prepare for the worst because the unexpected can certainly happen.

We never want to imagine ourselves or our loved ones in a car accident. But if we prepare ahead of time, we’ll have a better sense of what to expect if it ever occurs. That makes dealing with what comes next a little easier.

Warren Allen LLP has worked with many clients who have been involved in car accidents. Here’s what you need to know on-scene and what to expect afterward.

Check If Anyone Is Injured

The first thing you want to do if you’ve been involved in a car accident is to make sure everyone is okay. Check those in the car with you and any other people involved in the crash. If someone appears injured and you’re able to call for help, seek medical attention. If the situation is an emergency, call 911 right away.

Even if you don’t feel injured and decline medical attention at the time of the accident, it’s a good idea to consult with your doctor afterward. Some injuries are not immediately apparent, and some people don’t feel pain until a day or two after the accident. That’s why it’s important to get checked out on-site or to schedule an appointment with your doctor as soon as you’re able.

Move Your Car to a Safe Place

You should also make sure that if you’re in harm’s way and you’re able to move your vehicle, you do so. Always make sure you’re in the safest place possible and use your hazard lights to alert other drivers to the presence of your car. If you’re unsure whether you should move your car, ask the dispatcher for advice. Which leads us to the next step.

Call the Police

Once you have checked for injuries and called for help if necessary, you should contact the police. You will need to file a police report to start an insurance claim and to establish who is at fault for the accident.

Once an officer arrives, they will ask questions to determine what happened. Answer them to the best of your ability. If you’re unsure of the answer, it’s okay to tell the officer that.

Try to avoid making assumptions about what may have happened. Provide what details you remember, and be sure to inform the officer of any statements provided by other people that you believe to be untrue.

Also, remember to never assume responsibility for the accident on-scene. Even if you believe the accident to be your fault, stick with the facts and avoid taking the blame until the accident can be properly investigated.

Take Photos

It may take the responding officer some time to arrive. But there are things you can do while you’re waiting.

First, take photos of your car and any other cars involved in the accident. Documenting the scene may help provide evidence to bolster your claim if a dispute arises later.

You may also want to jot down a few notes about what happened in case you’re asked to recall something about the accident later on. You should also take photos of any visible injuries you have as a result of the accident.

Exchange Information

Once the officer arrives on the scene, they should collect insurance and ID information from everyone involved and help facilitate its exchange. However, you can also gather this information yourself as you’re waiting for the officer to arrive.

If you collect this information yourself, be sure to ask for the names and contact information of all the drivers and passengers involved in the accident, including driver’s license numbers. Ask for their insurance companies and policy numbers and jot down information about the cars involved, such as make, year, and model. Also, make note of the license plate numbers.

If there are any witnesses on the scene, be sure to get their contact information as well. The responding officer should provide you with a copy of the police report with the officer’s name and badge number on it, but if not, jot it down. Finally, make note of the accident location with the exact address if you have it.

Contact Your Insurance Agent

You should contact your insurance agent to file a claim as soon as possible, but you’ll want to complete the other steps first because your insurance agent will need this information to process the claim. For instance, your agent will likely ask you for the police report number and for the insurance information of the other people involved in the accident.

Your insurance agent will then go over the claims process. For example, if you require medical attention, your insurance agent will let you know if your medical expenses are included in your coverage. Your agent will also inform you of any deductible you need to pay or any other out-of-pocket expenses for which you’re responsible.

If your car is damaged and needs to be towed, your insurance agent should be able to contact a tow company for you. Your insurance agent will also have a list of repair shops for you to choose from for your repair work. And if you need a rental car, your insurance agent can make a reservation for you.

Keep a Record of Receipts

Be sure to keep a record of all receipts for expenses made as a result of the accident. For instance, if you need to take a ride share service to the rental car company, be sure to retain that receipt.

Keep a record of all expenses you incur related to the accident. Your insurance company may reimburse you for them, which is why it’s important you keep a detailed record.

Contact an Attorney

Hopefully, the above steps are the only ones you’ll need to complete. However, sometimes disputes arise over who is responsible for the car accident, and you’ll need to obtain legal representation. Or you may have suffered serious injuries as a result of someone else’s negligence, and you will need to retain a personal injury lawyer.

If either of these situations occurs, you’ll want to have an advocate on your side to help you navigate them. That’s where Warren Allen can help. We can provide advice, help you resolve disputes, and ensure you get the compensation you’re entitled to receive.

A car accident is a terrible thing to experience, but we want to make what follows go as smoothly as possible. That’s why we work to get you the best resolution we can.

Tag: Car Accident