SunnyvaleCar Accident Attorneys

Sunnyvale Car Accident FAQs

Van Der Walde & Associates has made a name for itself defending the rights of accident victims in Sunnyvale and throughout Northern California. Often times, auto accident injury victims come to us for help asking a variety of important questions, all of which have answers which help explain why retaining the services of an experienced auto accident injury lawyer is important. As a service to his clients and potential clients, Paul Van Der Walde has answered a few of the most Frequently Asked Questions regarding Sunnyvale auto accidents.

Why Should I Hire A Sunnyvale Auto Accident Injury Attorney?

The benefits of hiring a Sunnyvale personal injury attorney outweigh the disadvantages. That is, unless an injured party is comfortable dealing with insurance companies, and is prepared to accept whatever settlement agreement they offer, that individual has no need for a personal injury attorney. However, the process of attaining monetary damages for an accident is an arduous one, and as such the skill of an experienced Sunnyvale auto accident attorney should be retained.

Essentially, those injured in Sunnyvale car accidents have one shot at attaining compensation for their injuries. But if they decide to go about the process alone, that compensation will be all but non-existent. If filing a claim with an insurance company, an injured party can make the case that not only was his or her car ruined during the auto accident, but their physical well-being was affected as well. An insurance company, in maintaining the best interest of its client (in so far that it will attempt to pay out as minimal amount as possible), will reimburse an injured party some costs, but will ultimately fail to fully compensate that party in the long run. Furthermore, once a claim has been filed and a settlement amount has been agreed upon, that claim cannot be revisited, and an injured party can essentially say goodbye to any additional damages that he or she, upon hiring an experienced Sunnyvale auto accident attorney, would have otherwise found entitlement to.

The personal injury attorneys at Van Der Walde & Associates are here for assistance. Though not every Sunnyvale car accident requires the assistance of a personal injury attorney, it is still best to consult with an attorney prior to making any decisions that could affect your case. Our Sunnyvale auto accident lawyers offer free consultations, and work on a contingency basis, for just this reason. That is, if we examine the details of your case and determine that the assistance of an auto accident attorney isn't needed, particularly if it is going to be of no benefit to the injured party to do so, then we will inform you that going about filing your claim and handling your case without a lawyer would ultimately be in your best interest. However, it is vital that you at least seek out this opinion before making any sort of commitment to a Sunnyvale auto accident settlement agreement.

How Much Is A Sunnyvale Car Accident Case Worth?

This is dependant on the circumstances under which you were injured. Namely, if negligent action caused your accident, and it can be proven that an utter disregard for traffic safety was at the heart of that negligent action, then the value of your case inevitably rises. The scope of injuries is a major consideration, as are the two parties involved. That is, if an individual is injured by a city worker while that worker is on the job, then the injured individual can hold not only the city worker at fault, but also the city department or organization that employs the city worker. Companies have an obligation to employ individuals who are safe while traveling Sunnyvale roads and highways, and a failure to do so can be viewed as reckless behavior in the eyes of the law. Ultimately though, the value of any one case is dependant on the circumstances of that case, and the best party to examine those circumstances is an experienced Sunnyvale auto accident attorney who knows what to look for, where to find it, and how to most effectively hold negligent parties accountable for their actions in a court of law.

According to California law, auto accident victims are entitled to compensation for all damages that they suffered due to the recklessness of the negligent party. For Sunnyvale auto accidents, this includes property damage, personal injury, and even consequences arising out of that personal injury, such as compensation for loss of wages. Ultimately, most negative aspects of an injured individual's life could very well be compensated for in a court of law if those aspects are connected to the negligent action of another.

A careful examination of the injuries sustained during a Sunnyvale auto accident determines the compensation that an accident victim may seek. That is, if injuries sustained are life-altering, meaning that the injured party's way of life will be forever changed as the result of the injury, then the compensation associated with that injury will be substantially more than an injury that is projected to fully heal over time.

Ultimately, we here at Van Der Walde & Associates believe in explaining the strengths and weaknesses of personal injury cases to accident victims, giving them a clear idea as to what kind evidence must be compiled and what other work must be done in order to determine the amount that the case should settle for and successfully litigate the case. Since every case is unique, no two cases will result in identical factors or identical settlements, verdicts, or overall value of the case.

Following A Sunnyvale Car Accident, Who Pays Medical Bills?

The negligent driver who caused your accident is ultimately responsible for your medical bills, and may even be responsible for other long-term costs stemming from your injuries, such as physical therapy fees. In the state of California, the negligent or reckless driver has an obligation to pay for medical costs that are associated with the accident, and how much that driver will pay is determined by a court of law. However, it should be kept in mind that the negligent driver's insurance company, and not typically the driver him or herself, will be the entity paying compensatory damages to the injured.

Dealing with insurance companies can be troublesome, especially considering that the insurance company wants to pay injury victims as little as possible. While it is beneficial that insurance companies are there to cover the costs associated with Sunnyvale auto accident injuries, arriving at a fair settlement amount is not a simple task without an experienced Sunnyvale personal injury lawyer by your side along the way. At Van Der Walde & Associates, our skilled auto accident injury attorneys will fight to ensure that no medical condition stemming from your accident, regardless of how small, is ignored during the settlement process. We will get you the compensation that your deserve and are entitled to.

California law has already considered what should occur for the auto accident victim who requires medical assistance and treatment, in a situation in which the victim has their own health insurance coverage in addition to the insurance of the person who caused the accident.

Under this situation there are three possibilities as to what California law may allow.

The law could state, in combination with the health insurance policy, that the health insurance company does not need to pay at all for a vehicle collision or for medical bills associated with an automobile accident, although this is unlikely. This is a widespread misunderstanding that a skilled Sunnyvale traffic accident attorney can help to address. Please, keep in mind that the first line of defense after a Sunnyvale auto accident is using health insurance. The use of health insurance will almost always result in quick and inexpensive treatment, even if the health insurance is entitled to partial or full reimbursement.
Under California law, the insurance for the negligent driver who caused the vehicle accident is "off the hook" and is not responsible for medical bills if the injured person had their own health insurance. This scenario would actually be like rewarding the at fault person's insurance company because the person who sustained injuries had paid for health insurance prior to the accident. California law does not give this type of benefit to the insurance company or at fault party when this happens.
In many situations this is the case: the person who made sure they were properly insured in the first place has the advantage for having two separate insurance companies which are obligated to cover the same medical bills. When this happen, there is what is known as the "collateral source rule." In a Sunnyvale auto accident case the "collateral source rule," would mean that the insurance company for the at fault party is still responsible for paying each of the medical bills which were the result of injuries sustained in the Sunnyvale car accident. While the health insurance company is responsible for covering the same bills, doctors do not need to be paid twice for their services. This typically means that any additional monies can be put toward compensating the injured auto accident victim.

If you would like more information regarding Sunnyvale auto accidents and the medical bills that accompany them, please don't hesitate to contact Van Der Walde & Associates today for a free initial case evaluation. Our skilled Sunnyvale auto accident lawyers will give you an honest assessment as to the best way to work through your insurance issues to make sure that you are fully compensated and that you get all of the medical treatment you need to recover from your Sunnyvale auto accident.

How do I file an insurance claim after a Sunnyvale car accident?

Filing a claim with your insurance is a relatively straightforward process, and could simply involves calling your insurance company to file the claim. However, if you choose to talk to your insurance company without first consulting with an experienced Sunnyvale auto accident attorney, you could inadvertently say something that could hurt your auto accident injury settlement amount. That is, insurance companies are in the business of making money and staying profitable. To do so, they must ensure that their policy holders are paid out as minimal an amount as is reasonably possible. To accomplish this, an insurance company will look for any tidbit of information that may be used to relegate your injuries to less serious than they are, consequently enabling them to pay out a smaller settlement amount than they would have been obligated to prior to speaking with you. In order to ensure that your rights as a Sunnyvale auto accident victim are not infringed upon by the involved insurance company, it is in your best interest to retain the services of a skilled Sunnyvale personal injury attorney at Van Der Walde & Associates.

Should I Sign The Paperwork The Insurance Company Sends Me After My Sunnyvale Auto Accident?

In order to keep your best interests in mind at all times, you should not sign any paperwork sent to you by a insurance company without first allowing an experienced Sunnyvale auto accident attorney take a look at it first. Insurance documents often have a lot of fine print that is difficult to understand, or even misleading, and an accident victim who signs that paperwork without carefully scrutinizing it with an attorney beforehand is opening him or herself up to possible mistreatment by that insurance company. In essence, an auto accident victim may receive less compensation than they deserve, all because insurance companies have their own interests at the forefront of all decision making processes. After all, insurance companies are businesses, and as such want to remain as profitable as possible. An experienced Sunnyvale personal injury attorney will fight to ensure that your best interests are placed before the interests of an insurance company.

Should I Settle My Sunnyvale Auto Accident Case?

Auto accident victims deserve to receive the compensation in which they are entitled to. A common misconception is that accident victims who don't settle their case are simply looking for more money, but this is far from the truth. Often times, extenuating circumstances may be overlooked and disregarded by ready-to-pay-out insurance companies, and the only way to bring these circumstances to light is to take your Sunnyvale auto accident case to trial. At Van Der Walde & Associates, our experienced personal injury attorneys will not settle a case simply to get it done and out of the way. We will examine the details surrounding your accident, will take all resulting injuries and medical conditions into full consideration, and will decide accordingly whether or not the best course of action involves settling your case or taking it before the court system.

Remember, insurance companies act according to what is in their best interest, not the interests of accident victims. The Sunnyvale auto accident lawyers at Van Der Walde & Associates are well-versed in California insurance laws and auto accident laws, using their knowledge and skill to successfully represent Sunnyvale auto accident victims. If settling is in your best interest, we will do so. If going to trial is the best course of action to take, we will do so. At Van Der Walde & Associates, our Sunnyvale auto accident attorneys are prepared to fight for our clients' rights inside or outside of the court room. Please contact us today for more information and a free evaluation of your Sunnyvale auto accident case.