FAQ After an Auto Accident

You can click on any of the questions below for more detailed answers. If you can’t find your question here, please visit our What You Should Know and What to Do After an Accident sections, or call our North Dallas office at (972) 820-5880 and our staff will answer any questions you may have.


Q: How can you find out the salvage value of a totaled car?

Call some salvage or wrecking yards in your area and ask what they are willing to pay you for the car…

Q: Will insurance pay to replace a windshield that has become so pitted and cloudy that it is hard to see if you have complete glass coverage?

This is considered “normal wear and tear”, which is never covered by auto insurance companies,..

Q: How much money do you get if your car is totaled?

You will receive the fair market value for your vehicle.

Q: Does company insurance or Workman’s Comp cover car accidents while working?

If you were truly injured you probably are covered by your employer. Your car is a different matter…

Q: What is PLPD auto insurance?

PLPD is Public Liability and Property Damage. It satisfies your obligation to the state…

Q: How do you accelerate the insurance claim process?

First, document when and to whom you spoke, and what about from the first report of the claim to every subsequent conversation….

Q: What is the value of a totaled vehicle?

The value of a totaled vehicle is an assessment of what that vehicle’s actual cash value was prior to the loss. States vary…

Q: Do you have to report all car accidents to your insurance company?

Yes, auto insurance policy states that you are required to report all accidents (losses) immediately.

Q: Is there a formula the insurance companies use to determine a pain and suffering settlement.?

Yes, pay you as close to zero, as possible.

Q: Is it necessary to carry uninsured motorist coverage in a no-fault state such as Florida?

Of course. Do you think that NO ONE ever drives without insurance? Be covered and be protected against financial ruin.

Q: Who is at fault when someone backs into you while driving in a parking lot?

There are several things to consider in a parking lot accident like this one: Where is the point-of-impact between your two vehicles…

Q: What does an insured driver do when hit by an uninsured driver?

When hit by an uninsured motorist and it was their fault, your insurance company should pay to fix the car.

Q: What rights do you have if you didn’t report an accident to the insurance company right away?

The other driver is clearly liable for your damages, if he is at fault. You must always report the accident to your insurance company….

Q: If medical insurance will not cover injuries from an auto accident why do they ask if you have it and then limit your coverage?

Medical insurance should cover any injuries sustained, no matter how they were caused.

Q: Whose insurance pays if you are driving another person’s car with them in the vehicle?

As always, a lot of it depends on your auto insurance. Contact an attorney.

Q: How much money should you get from a car accident for pain and suffering?

It depends on the type of treatment you are getting, how long you are being treated, the extent of the injury, any disabilities you may have and the prognosis.

Q: Who’s responsible for hit and run damage?

The driver and/or the owner of the vehicle…

Q: What happens to a car that’s declared totaled by the insurance company?

If you want to keep a totaled car, the insurance company will determine the salvage value and deduct that from your settlement…

Q: Who is at fault in an accident when backing out of a parking space?

The person backing up is at fault..

Q: What happens if you have no insurance but the other driver was at fault?

Generally, the same thing that would happen if you did have insurance. Although every state has different insurance laws, fault…

Q: What happens if an uninsured and unlicensed person has an auto accident?

If an unlicensed driver is involved in a automobile accident, they are, by default, responsible……

Q: If you rear-end a car that brakes suddenly who is at fault?

You were at fault in this accident. You are required to maintain control of your vehicle at all times…

Q: How do you handle the insurance after a ‘hit and run’ when you took down the license plate number?

There are no ifs ands or buts,, You should always make a police report after a Hit and Run incident. a Hit and Run is a criminal offense…

Q: How can you get someone’s auto insurance information if they are at fault in an accident and refuse to give it to you?

I’m assuming there was no police report filed, so you will have to do the work yourself. Get a lawyer and an investigator…

Q: Who is at fault when someone backs into an illegally parked car?

The driver is responsible for the full damages. Your car is motionless. A prudent driver driving reasonably should look into a mirror…

Q: Are you at fault if your car was forced to hit another car?

No, if the facts of loss occurred just as you described them, you wouldn’t be considered at fault.

Q: Will insurance companies pay a claim if the insured driver did not have a valid drivers license?

Yes, click above for an example of a similar case.

Q: What do you do when the other driver’s insurance company refuses to pay?

Gather up all your documentation, contact an attorney…

Q: Who is at fault if a car is rear-ended while backing up?

According to the insurance company, the person backing up has the greater responsibity to make sure the road is clear before backing up…

Q: Who is at fault when you are backing out of a parking lot space?

Parking lot accidents often make insurance adjusters roll their eyes and say, “Everyone’s at fault.”

Q: If you drive on a learners permit without an adult in the car and get in an accident will insurance pay for the damages?

No, insurance will not pay if your parents have not placed you on the policy yet. You may also want to check your state laws. …

Q: How do you make a hit-and-run driver’s insurance pay when they can’t find the driver?

You would need to provide the other carrier with enough evidence — police report, witness information, etc. — to convince them…

Q: What do you do when the at-fault drivers insurance company will not call you back?

Get a different lawyer. Call the Insurance Commissioners Office for the state in which you live and file a complaint.

Q: Can you get another new car instead of repairs if your brand new car is in an accident?

That depends mostly on how much coverage you elected, and with the average amount for such a new vehicle you described…

Q: Does No Fault insurance reimburse for lost wages and time even if you use employment sick leave?

Typically, no-fault insurance will reimburse for lost wages. However, you won’t receive 100% of the wages lost…

Q: How much will your car insurance go up if you damage someone else’s car?

It really depends on the amount of damage, your past driving record, any extenuating circumstances (like driving under the influence)..

Q: Does the at-fault driver with full coverage insurance pay for the other car?

No. The person who is at-fault is responsible for your damages. His insurance will pay for everything. Tow, rental, damages.

Q: How can you obtain a rental vehicle after an accident that wasn’t your fault?

It sounds like you are starting to get the insurance adjuster run around… Call your insurance company or your attorney…

Q: Is it legal to not get your car repaired after the insurance company paid the claim?

It is legal as long as you don’t have an outstanding loan on the vehicle, if your insurance company paid the claim…

Q: What do you do when the driver at fault later denies being at fault?

If you have comprehensive coverage, you should have collected from your insurance company. Then the two companies can argue…

Q: Who is at fault if both drivers make mistakes?

I would fight anything less than 100% in your favor. Simply going against the layout doesn’t reach the level of negligence…

Q: How long after an injury does an insurance company have to pay for lost wages?

That should have been noted in the release forms that all insurance companies require an injured person to sign…

Q: Are you at fault when you run into someone while you are making a left hand turn?

It depends on if you are making a left turn at the intersection with a green arrow or not. Oncoming traffic always has the right of way…

Q: Who is responsible if your vehicle is stolen and then chased and hit by the police?

If you did not purchase comprehensive coverage you are out of luck. Call a lawyer

Q: Can you appeal a police report if they didn’t consider your view of the accident?

Without full coverage on your vehicle, it looks like you’re going to be doing all the footwork for your accident…

Q: Do you need an attorney if the other party was at fault and they have auto insurance?

In most cases you do need an attorney where there is property damage and there is no dispute over which driver was at fault…

Q: If you are not wearing a seatbelt, are you responsible for your injuries in an accident that wasn’t your fault?

The other driver may be 100% liable for the damage to your vehicle, but not wearing a seat belt contributed to your injuries…

Q: How can you get cleared if you are not at fault in an accident but the other driver’s insurance company claims you are?

If you are not satisfied with the insurance companies, then you will have to go to court, which can be very time consuming.  Contact an attorney…

Q: If another driver has an accident in your car will your insurance company add that driver to your policy?

The other driver is not “added to your policy”. However, the other driver will be covered by your policy for this accident…

Q: Are you responsible if someone borrows your car without permission and gets in an accident?

The owner’s insurance will pay if he has collision coverage. It doesn’t matter who was driving, the owner will have to pay.

Q: Should you report an accident that wasn’t your fault if you do not have insurance?

Of course. If, as you say, the other driver is completely at-fault, that driver’s insurance would still owe for your damages,…

Q: Can an unsubstantiated claim of hit-and-run change the liability?

Insurance companies are funny about “phantom vehicles.” Some ignore them entirely, while others base their entire liability…

Q: Will your premiums go up if you were involved in an auto accident but were not at fault?

No. The person is only penalized when they are the one at fault. It will not affect your insurance coverage.

Q: Can you get a second quote on a car that’s declared totalled?

Yes, but the terms of your policy probably clearly state that the insurance companies decision is final and binding.

Q: What do you do if the driver who hit you does not agree to contact their insurance company?

If you have their driver’s license number or the license plate number from their car, you can call the Division of Motor Vehicles…

Q: What is the definition of negligence?

The legal term is “failure to use a reasonable amount of care when such failure results in injury of damage to another”.

Q: In a vehicle accident with property damage whose insurance is responsible the driver’s or the owner’s?


Q: Can your insurance premiums be raised in a tort liability system if you are not at fault?

Doubt it. Contact policy services for your company, or your states dept. of insurance.

Q: How is wage garnishment determined for a judgment awarded in a lawsuit for an insurance claim?

Wage garnisment laws are enacted by states. A federal law also protects wages earned that fall beneath minimum wage allotment….

Q: If your car is parked and your passenger opens the door right into a truck attempting to go around you who is at fault?

This type of claim can go either way. It could be said that the passenger should have looked before opening the door.

Q: Are employers responsible for fixing your car if it is involved in an accident while traveling to conduct company business on company time and they require you to use your own vehicle?

Not unless you have a contract with them. It is NEVER a good idea to use your own car for work.

Q: If you hurt yourself inside of your car but the car is in your driveway and not even running do medical claims go through car or health insurance?

I would say auto or health insurance. And before if not, then maybe home owners or renters insurance.

Q: If you have an accident with an unlicensed uninsured driver what precautionary measures should you take?

Well assuming the driver wasn’t taken to jail you do have legal rights. Contact an attorney to discuss your options…

Q: Does the insurance of the party at fault cover damages if the other party does not have a valid drivers license?

Yes, the claim will be paid. While your brother may receive a ticket, he is still entitled to compensation for the loss.

Q: If you were driving your friend’s uninsured car and he was in the car too who is responsible for damages to the car you hit?

You are. If the insured person chooses to make a claim and the claim is paid.

Q: How do you find a hit-and-run driver’s insurance information knowing his plate number and drivers licence number?

You give it to the police and they will deal with it. Or your insurance company will deal with it.

Q: Are you entitled to ‘pain and suffering’ from a rear-end accident that caused injury?

Yes.  See your doctor right after the accident…

Q: How do you start a lawsuit after an auto accident?

First see a doctor to determine the extent of the injuries. You should see a lawyer because it can be quite complicate and you can suffer from your injuries further down the road..

Q: What can you do if the person at fault in an accident claims to have no insurance?

If your insurance company pays you, they will sue the at-fault driver and hopefully collect…