Best Car Accident Lawyers in Charleston

FAQs

• What is the non-emergency contact number for the local police station in Charleston, West Virginia?

  304-348-8111 is the non-emergency contact number of the local police station in Charleston.

• Where can I get a copy of police reports for incidents related to my case in Charleston, West Virginia?

  If you need a copy of the police report, you can get it from the Records Division, which is responsible for collecting and storing incident and crash reports from the Charleston Police Department. You can find it on the Court Street side of City Hall, specifically at 501 Virginia Street in Charleston, West Virginia.

• What is the deadline to file a car accident claim in Charleston?

  Most automotive collisions in West Virginia are governed by a two-year statute of limitations, which means any claims stemming from the accident must be filed within two years from the date of the incident. Waiting too long to contact a Charleston car accident attorney may result in the inability to pursue legal action.

• What should you do after a car accident in Charleston?

  Here are the steps to take after a Charleston car accident:

  • Call the police if there are injuries or property damage over $1000.
  • Exchange information with the other driver(s) and get witness information.
  • Seek medical care if you sustained injuries.
  • Contact your insurance carrier and put them on notice of the claim.
  • Don't speak with the other driver's insurance carrier before you speak with an experienced accident lawyer.

• What are the common reasons for car crashes in Charleston?

  In an auto accident, there can be various contributing factors, but negligence is typically the leading cause and a crucial legal aspect in accident claims in Charleston. Speeding, violations of traffic signals, driving while distracted, driving while impaired, and aggressive driving are some examples of frequent car accident causes in the area.

• Who is usually assigned with legal fault in a rear-end collision in Charleston?

  In a rear-end collision in Charleston, the driver who strikes the car in front of them is typically considered at fault. The law assumes that the driver in the back had a duty to maintain a safe following distance and speed and therefore had more control over the situation. However, there are some scenarios in which a different driver (including the rear-ended one) can be held liable, though these are rare.

• What if the insurance company offers a low settlement after a car accident in Charleston?

  If the insurance company offers a low settlement, it's important to remember that you have the right to negotiate for a fair amount of compensation for your injuries and damages. Insurance companies often offer low amounts in the hopes that the injured party would accept the deal and forgo the chance to pursue further legal action. It is advised that you speak with a Charleston personal injury lawyer to assist you in negotiating with the insurance provider to counter this.

• How do I choose a car accident lawyer?

  To select a car accident lawyer, consider the lawyer's experience, focus, and reputation. While nearly any attorney can negotiate with insurers for a settlement, not all attorneys have amassed experience litigating a claim in a court of law. Choose an attorney with a background that includes car accident claimants; it's helpful if the attorney is focused on personal injury law. Lastly, read reviews from previous clients to get a feel for the attorney's helpfulness and responsiveness to clients. The best lawyer for your case is one that you feel comfortable and confident working with.

• What steps should I take after a car accident?

  Immediately following a car accident, get out of traffic as soon as possible and dial 9-1-1. Exchange car insurance information with any other involved drivers and get a police report as soon as possible. Be truthful about what happened, even if you are at fault, but stick to reporting the facts of the accident without offering an opinion on who is to blame. If possible, take photos of your car, other cars at the scene, and the scene itself.

• (When) Do I need a lawyer after a car accident?

  Start working with a car accident lawyer as soon as possible following your car accident (some attorneys even make hospital visits). By reaching out for legal help early on, you avoid some of the pitfalls of trying to handle your claim on your own. Your attorney can also get the ball rolling on reimbursement for your medical bills and lost wages while awaiting the outcome of your claim.

• How long after a car accident can you claim an injury?

  The length of time you can file a claim for an injury following a car accident is governed by the statute of limitations in your state. Although it varies, most states set the statute of limitations for injured parties to seek compensatory damages at three years following the accident or three years after you discover your injuries. In cases where children are injured, the statute of limitations may be longer.

• What do I do after a car accident that I'm not responsible for?

  After an accident that's not your fault, seek immediate medical help if you are injured. Once it's safe to do so, obtain the other driver's contact and insurance information, any statements from witnesses, and photos of the scene. Obtain a police report and contact your insurer and the at-fault party's insurer. If you are injured, schedule a consultation with a car accident attorney to discuss your legal options.

• What happens if someone sues you after a car accident?

  If you have car insurance in force at the time of the accident, your insurance is contractually bound to represent you on any claims that arise, indemnifying you against loss up to the limits of your policy. You can help your insurance company by cooperating fully. If the plaintiff in any lawsuit obtains a judgment above your policy limits, then you can be held personally responsible for any damages awarded.

• What/how much can I expect from a car accident settlement?

  According to the Insurance Information Institute, the average bodily injury claim in 2018 was $15,785. The amount of any particular car accident settlement hinges primarily on the severity of the injuries sustained as a result and whether or not any partial or total permanent disability was caused by the accident. Claims that involve broken bones or nerve damage likely settle for more than claims where soft tissue injuries are present.

• How do I arrange a rental car after an accident?

  To arrange a rental car after an accident, first consider whether your insurance or the other party's insurance will be paying for the rental. If another driver is found to be at-fault for the accident, that driver's insurance may pay the costs. If you are responsible, your insurance may pay if your policy covers such expenses. Speak with your insurance adjuster to determine if you have benefits available.

• How long does it take for car insurance to go back down after an accident?

  Post-accident rate spikes can last anywhere from three to five years, depending on your insurer. However, if damages incurred during the accident are less than $2,000, your rate may not go up at all. Three years is typical for collision and property damage claims. Five years is not uncommon in accidents involving bodily injury claims, DUI or DWI, reckless driving, or serious violations at the time of the accident.

• How to settle a car accident claim without a lawyer?

  To negotiate a car accident settlement without a lawyer, you'll have to prove that the other party was to blame for your damages. Gather evidence at the scene to support your claim, including witness statements and photos. Seek medical treatment for your injuries immediately. Notify the other driver's insurer of your intent to file a claim. If you reside in a no-fault state, you will need to use your personal injury protection (PIP) benefits first before filing a claim against the other party for medical expenses and bodily injury. Be prepared with medical records, police reports, receipts for out-of-pocket accident-related costs, and proof of lost income due to the accident before beginning negotiations.