Every day, our attorneys represent people who have been involved in car accidents.  While the facts of every accident may be different, there are some basic similarities in the law that we can lay out for you here.

If you have been injured in a car accident, your car insurance (or the insurance of the car you were riding in if you were a passenger) will pay for your medical bills and lost wages that are related to the accident.  Under Delaware law, all registered Delaware vehicles must have at least $15,000 in car insurance to cover medical bills and lost wages.  You have the freedom to choose which doctors you wish to see.  As part of our representation of you, we will ensure that you can collect any benefits you are entitled to under your insurance policy.

Another aspect of a car accident case is a claim for pain, suffering, inconvenience and permanent injuries.  We will make every attempt to recover money for you from the at-fault driver’s insurance company.  We will negotiate with the insurance company on your behalf, and, if necessary, we may file a lawsuit.

In the event that the driver does not have insurance or does not have enough insurance, we will explore other insurance coverage that you or someone in your household may have that may be available for you.

Please call us today for a free consultation.  If you prefer e-mail, fill out the “Contact Us” box to your right.  The e-mail will be sent directly to founding partner, Eric Doroshow’s inbox.

If You Have Been Involved In An Accident

Q: I have been involved in an auto accident that was not my fault. What is the first step?

A: You should immediately call your insurance company and report the collision.

Delaware Law requires all Delaware tagged and registered vehicles have a minimum of $15,000.00 insurance coverage for Personal Injury Protection benefits. In Delaware, these benefits pay for medical expenses and lost wages. Payments will be made for all reasonable and necessary expenses related to the accident.

We will assist you in making a claim against your own insurance company for payment of these benefits.

Q: What is the procedure on seeking medical treatment for my injuries?

A: You have freedom of choice to choose your own doctors. You are not required to go to a physician that is only part of your health plan.

Our firm will make sure your medical bills get paid.

Q: What if I miss time from work due to the auto accident?

A: You have the right to make a claim for your loss wages, which is normally 80% of your gross pay during the period of time that a doctor has you out of work. Our firm will assist you in making sure that these benefits are promptly paid.

Q: What about my out of pocket expenses?

A: Your insurance company may reimburse you for out of pocket expenses you may incur as a result of the accident, such as rental car expenses, substitute services, and prescription costs. You can submit your receipts for out of pocket expenses to our office and we will get payment from the appropriate insurance carrier on your behalf.

Q: What about the repair of my automobile?

A: We will seek to have either your insurance company or the at fault drivers insurance company pay for the repair of the car. If the cost of the repair is more than the value of the vehicle, it may be deemed as totaled, and you may be offered the fair market value of your car.

Q: Do I have a claim against the at fault driver?

A: Delaware law provides that the innocent victim of someone else's negligence is entitled to make a claim for their pain, suffering, inconvenience and permanent injury. After your condition has stabilized and you reach the point of maximum medical improvement, a settlement demand will be sent to the at fault drivers insurance company seeking compensation on your behalf. The amount demanded will vary depending on who's at fault, the extent and duration of treatment, and whether there is any permanent injury.

Q: What if the other driver did not have insurance?

A: In that event, we may seek uninsured motorist benefits from your insurance company to compensate you for your injuries.

Q: What if the insurance company does not want to settle?

A: In the event that we cannot settle with the insurance company, a lawsuit may be filed on your behalf. However, the vast majority of our cases do resolve before going to a jury trial.

Q: What are the legal services you perform and how do you charge for them?

A: We offer a free initial consultation on your claim. If we handle your case, an attorney and a paralegal will work closely with you to resolve your case as quickly as possible. We will make sure that the PIP (personal injury protection) application is submitted immediately so that medical and wage benefits are secured. We will negotiate with the insurance carrier on your behalf. Our fees are a percentage of what we can collect for you, which means that there is no fee unless we win. Costs, however, must be paid regardless of outcome.

Call us today to schedule a free consultation at 1-800-632-9230 or E-mail EricDoroshow@dplaw.com

Useful link:

Auto Collision Counselor