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Preston Humphrey Esq., LLC
1221 Locust St., Suite 770
Saint Louis, MO 63103
Phone: 314-732-0758
Toll Free: 866-323-5481

Auto Accident FAQ

Being in an auto accident is traumatic experience. Dealing with the aftermath of injuries, property damage and insurance claims can be extremely difficult. These Frequently Asked Questions are designed to provide information and guidance to make a difficult situation easier to navigate.

Should I file a Police Report after an accident?

Yes. File a police report even for a minor traffic accident. The other driver may not readily provide their information. Also, it is possible that the other driver may have been driving on a suspended license or intoxicated, factors that could help your claim.

How long does in take for a Police Report to be ready?

Generally, it takes about 10 days for a copy of a Police Report to become available.

What types of damages may I recover from an auto accident?

You may potentially recover for expenses for past and future medical treatment, property damage, lost wages and pain and suffering. Each individual claim has different damages, so it is best to discuss your claim with an attorney.

What should I do to document my claim?

Take pictures of the scene, property damage and injuries. Keep a journal about pain levels and note any activities that you cannot perform because of injuries.

I told them at the scene of the accident that I was fine, but now I feel pain. What should I do?

After an accident, it is possible to not feel pain symptoms until two to three days later. Make sure to get the proper medical care for any injuries sustained in an accident. Go to an emergency room if necessary and follow up with your primary care physician if your symptoms persist.

I received a telephone call during the evening from someone telling me I can make a claim regarding my accident and that I should seek treatment from a specific doctor.  Should I trust this?

The Missouri Supreme Court rules prohibit attorneys from directly soliciting new clients.  These calls are a means for attorneys to try to get around the rules.  You should be skeptical of these companies and the attorneys that use them.  Read more about this in my blog.

What can I do when the person who hit me does not have insurance?

If the person who hit you is not insured, it is still possible to have a claim. Check your insurance policy to determine if you have uninsured motorist coverage. It is often designated on your Declaration of Coverage as "UM."

Should I provide a recorded statement to the Insurance Company?

Once Insurance Companies are notified about an accident, an adjuster for the company begins working to make sure to minimize your potential claims. Always notify you insurance agent about an accident. However, it is not in your best interest to give a recorded statement without speaking with an attorney first. NEVER sign a release from an insurance company without discussing it with an attorney. A release may prevent you from pursuing your claims.

I do not have health insurance. Can an attorney help me get treatment after I have been involved in an accident?

Yes. In these types of situations, it is possible for an attorney to assist you in finding a doctor who is willing to treat you on a lien. The doctor would be repaid fees from treatment from your recovery. Your health is obviously the most important thing, so treating on a lien may present an option for access to proper care.

I have Medicaid. Can they receive a portion of my recovery for payment of my medical bills?

Yes. Medicaid is entitled to be repaid a portion of their expenditures for payment of your medical bills. An attorney can negotiate with Medicaid on your behalf to reduce the amount repaid to them from your recovery. If necessary, it is possible to file a motion or lawsuit to get Medicaid to reduce its lien.

I need a rental car while my car is being repaired. Will the Insurance Company provide one?

A rental car is almost always an upfront, out of pocket expense. Insurance Companies often have set rates and length of time that you are allowed to have a rental car. It may be necessary to check your insurance for a rental car provision. It is also possible to try to recover rental car fees that you have paid as a part of your claim.

How do contingency fee attorney's fees work?

In personal injury cases, attorneys are compensated by receiving a percentage of any recovery that you receive whether it is result of negotiation, arbitration or trial. You are not charged in upfront fees for legal representation.

How long do I have to file my claim?

In the State of Missouri, the statute of limitations for filing an auto accident suit is five years.

If you wish to discuss any details about your accident claim in greater detail, please contact Attorney Preston Humphrey.