Turkheimer & Hadden

Personal Injury

Personal injury law applies to a wide range of injuries, which can occur in several ways, including when one person intentionally injures another, in car, truck, and motorcycle accidents, and when defective products harm people who are using them. Each year, millions of Americans are seriously injured while they are at work, at home, or traveling on the nation's roads and highways.

Automoble accidents

When looking for an attorney to assist you in gaining compensation for your serious motor vehicle personal injury accident, it is important that he or she have the experience and knowledge of necessary to maximize your recovery. The attorneys at Turkheimer & Hadden have extensive experience representing both plaintiffs and defendants in automobile accidents involving personal injuries and are intimately familiar with state and federal regulations that can change the outcome of these cases, keeping abreast of the ever-changing landscape of automobile liability by thoroughly examining new decisions from the state and federal courts of appeal and supreme courts every day.

In particular, our attorneys are proud of the their success in maximizing recovery in personal injury cases even where insurance coverage appears non-existent or minimal. Because of our past experience representing and working closely with insurance companies, we examine and take advantage of every possible source of insurance coverage. Our article on uninsured motorist coverage provides an overview of one type of insurance that many victims of personal injuries overlook.

A large portion of our practice is devoted to helping those injured by commercial tractor-trailer trucks For more information on this specialized area of personal injury law, please see our trucking page.

Introduction

Every car driven on the roads of the State of Georgia is required to carry minimum limits of automobile liability insurance. Although there are, unfortunately, many uninsured drivers operating vehicles (illegally) without insurance, the vast majority of drivers are insured with at least the state required minimums of coverage.

It is important to understand what kind of insurance you have to know if you have enough insurance for your particular situation, and to know what to do if you are involved in an accident or otherwise have some sort of insurance claim. This article provides an overview of the basic concepts of insurance policies to help you understand your own coverage and ensure that the insurance you have is really what you think it is.

It is a situation we see far too often in our practice. We receive a call from a client who has been seriously injured due to the negligence of someone else, or who has had their property damaged by someone else. As we begin investigating the case, we find out that there is far too little, and sometimes no, insurance to cover our clients' injuries or damages. Even though our client believed that they had “full coverage,” they actually had only minimal coverage, they had none of the types of coverage that would actually allow them to receive compensation for their injury or damage.

Our intention is that this article be interactive, and that you will pull out your own policy, if you have it, and by knowing what to look for, will gain a better understanding of exactly what kinds of insurance you have, what your limits are, and whether the insurance you have is right for you.

Your Policy

Many people talk about their insurance “policy” in abstract terms, without knowing exactly what they would do if they ever needed to produce their written policy. Generally speaking, the written policy consists of the Declarations, the Policy Form, and the Endorsements. ¹

Declarations

The Declarations (which may also be called the Declaration Page, Declaration Sheet, Declaration of Coverage, etc.) is the part of your policy that identifies specifically what types and amounts of coverage you have, what vehicles are insured, and who is insured. If you cannot find your own Declarations, or are unsure what it looks like, click here for a sample Declarations from a Liberty Mutual policy issued in 2009.² Although every company uses their own unique form, they all contain the same basic information in easily accessible form.

On the sample Declarations we have provided, the policy number is located at the top, followed by the name and address of the insured (which we have erased for privacy) and the address of the insurer. Your policy may also identify the lender, if you financed your car, and who might be entitled to payment from the insurer if the car was rendered a total loss. The policy period is located underneath this section, identifying the time and date on which the policy begins and ends. Generally speaking, you will receive a new Declarations each policy period that will contain a new policy period and reflect any changes you have made to your coverage, and you may additionally receive an amended Declarations when you make changes to your coverage during the policy period.

The next section states the limits of coverage, subdivided by types of coverage, and specifies the policy premium and any deductible for each item of coverage. The coverages that are commonly seen in an automobile insurance policy are Liability coverage (bodily injury and property damage), Uninsured Motorist coverage (bodily injury and property damage), Medical Payments coverage, and Collision/Comprehensive coverage. Although the particular forms of coverage are discussed more in depth in subsequent sections, the basics are explained below.

The Declarations we have provided reveal Liability coverage for bodily injuries in the amount of $50,000 per person and $100,000 per accident (in section A). Although Liability coverage will be discussed further detail below, it is important to understand that this is the coverage that protects you if you get sued by someone else who alleges they were injured by you. Therefore, this policy provides coverage of up to $50,000 per person who makes a claim against you, or a maximum of $100,000 of coverage for any one accident. For example, if you cause an accident and only one person makes a claim, your insurance will pay that person up to $50,000. The same is true if there are two claimants, since there is $100,000 available for bodily injury claims made in that accident. If there are more than two claimants, however, the $100,000 limits will have to be divided between all claimants, and if their total damages exceed $100,000, you may face personal financial liability. Similarly, the property damage Liability coverage on this policy is $50,000 per accident, meaning that any and all claimants can collect up to $50,000, collectively, from your insurance company, and any amounts over this limit may be your personal responsibility.

Continuing on with our sample Declarations, you can see (in section C) that this policy provides for $50,000 in uninsured motorist coverage per person, and $100,000 per accident, in the same general manner as liability coverage above, except that this coverage protects you and others in your car if another driver is negligent but lacks insurance to cover your damages. It also provides up to $50,000 in property damage uninsured motorist coverage; note that the Declarations states that this coverage is subject to a $250 deductible.

Section D of the declarations shows available coverages for damage to the policyholder's vehicle, commonly referred to as Collision and Comprehensive coverage. The distinction between the two will be described in further detail in a subsequent section. These coverages come into play where other insurance, like another driver's property damage Liability coverage, does not apply (such as where the policyholder is liable for the damage to his or her own vehicle). Note here that the policy provides this coverage for up to the actual cash value of the vehicle (less the $500 deductible), which would be paid in a total loss. Note also that this policy provides Collision coverage for only one of the two vehicles insured by the policy. The Comprehensive coverage (which is not referred to by the term “Comprehensive” but rather described simply as “other than collision), on the other hand, covers both vehicles.

The policy described in our sample Declarations does not contain Medical Payments coverage. However, if there was such coverage under this policy, it wold be listed along with the other coverages and would contain the limits, premium, and deductible information as provided for other coverages.

Below the section stating the coverage limits, the policy identifies the specific vehicles insured by the policy, followed by information about the drivers that are insured under the policy. This section of the policy also contains various items that affect the amount of the premium, including charges for traffic citations, and discounts because one of the vehicles is equipped with antilock brakes and both have seat belts and air bags.

The final section contains a list of endorsements, As discussed below, the Policy Form contains the general policy provisions, but these provisions can be modified by Endorsements, which are simply a way for the insurer to make changes to the Policy Form without having to print out a unique Policy Form to each policyholder. The particular endorsements are named and also identified by a form number. Each endorsement form is typically attached as a separate page (or pages) and the policyholder can confirm that he or she has all of the proper endorsements by comparing the endorsement numbers on the Declarations to the numbers on the endorsement forms themselves.

Policy Form

Although each insurance policy is different (different coverages, premiums, provisions, etc.), insurers typically issue a general policy form to their policyholders that contains most off the provisions of the policy, modified, as explained below, by endorsements. Some insurers have a distinct Policy Form for each state, while others will have a single Form for all policyholders in the country. Often, the Declarations will identify the particular Policy Form covering the policy, which can be compared to the Form number at the bottom of your Policy Form (the sample we have provided does not identify the Form, however, as the insurer assumes that the attached policy is the correct one).

The Policy Form contains all the “fine print” of your policy, and usually ranges from 10-50 pages long, depending on the company.³ In recent years, insurers have done a better job of making the Policy Forms more understandable by non-lawyers or insurance agents, although they can still take some time to comprehend. The Policy Form will usually start by defining words that are used throughout the policy. For example, two such definitions state as follows:

The policy then sets forth the specific coverages, followed by exclusions to that coverage. Usually, the coverage in the Policy Form is in a section that corresponds directly to the information on the Declarations. For example, recall that Section A of the Declarations explained the liability limits. In the Policy Form, Section A provides a complete description of when the insurance company is obligated to provide coverage on your behalf. In this case, the liability section begins by stating:

As you can see, this paragraph explains the basic obligations and duties that the insurance company has to the policyholder.

Further down in Section A, the policy sets forth certain exclusions under which it will not provide coverage. For example, this policy states that:

In other words, if the policy holder intentionally runs into another vehicle attempting to cause harm, the policy states that it does not apply, nor does it apply to the policyholder's own property that might be damaged. We strongly recommend that all policyholders read their entire policy, but at a minimum, they should become familiar with the exclusions. Typical exclusions apply to liability to family members, employees, and certain business uses of the vehicle.⁴

As with the Liability coverage, the Policy Form contains sections for Uninsured Motorist (Section C, as in the Declarations) coverage as well as Collision/Comprehensive (Section D). The form Policy also includes provisions relating to Medical Payments coverage at Section B. Because this particular policy, as set forth in the Declarations, does not contain such coverage, that section can be ignored. Each section describing the various types of coverage has its own set of duties and obligations on the part of the insurer, its own definitions, and its own set of exclusions, which may or may not be the same as those for the Liability coverage.

Following the specific coverage sections, the Policy Form sets forth the policyholder's duties under the policy. Usually, this includes the requirement that the insured cooperate fully with the insurer in the event of a claim, including providing a statement to the insurer and preserving any relevant evidence. Where a policyholder fails to cooperate with the insurer following a claim, the insurer can deny coverage altogether if the lack of cooperation harms the insurer's ability to evaluate and, if necessary, defend against the claim.

The final section of this policy contains general provisions, including penalties for fraud, provisions for the policyholder's bankruptcy, the insurer's rights of termination of coverage, etc.

Virtually all Policy Forms will contain the sections referenced above, and yours may have additional provisions. Therefore, we recommend that you take some time to familiarize yourself with your policy so that you know what kind of coverage you have, and what those coverages actually mean.

Endorsements

Because, as noted, the Policy Form provides only the most common and standard provisions of a policy, insurers often add on provisions or even entire types of coverage by way of Endorsements, without the need to re-write the Policy Form. These policies usually replace the general provisions of the Policy Form with more specific language. For example, Georgia has certain requirements that are not contained in Liberty Mutual's standard Policy Form that was issued along with the sample Declarations. Therefore, they have included a number of Endorsements that modify the policy to bring it in line with the requirements of Georgia law. Where the language of the Endorsement is different than the Policy Form, the policyholder should look to the Endorsement as the correct statement of coverage.

For example, the policy provides that any claim made against the policy by the policyholder must be made within one year of the accident. However, Georgia law does not allow insurers to limit the time to make a claim to any shorter than two years. Therefore, the endorsement titled “Amendments of Policy Provisions – Georgia” (which is identified as endorsement form AS2284 01 07) specifically states that all such claims must be brought within two years.

As a further example, recall that the Policy Form contains an exclusion for intentional action. Under Georgia law, even where there is an intentional action that causes injury, the insurer is required to provide the minimum limits of coverage, $25,000 per person and $50,000 per accident; an endorsement on this policy makes this change.⁵

Unfortunately, it can be confusing to understand exactly what the terms of your policy are, as you must constantly cross-reference the Policy Form with the Endorsements to make sure that the standard language contained in the Policy Form is not modified. Your insurance agent should be able to explain what each endorsement and coverage means. If you are still unsatisfied, it may be worth your time to contact an attorney to make sure you are properly insured.

Types of Coverage

Liability

Liability insurance is the only insurance coverage required by Georgia law. Currently, the minimum required coverage in Georgia is $25,000 per person and $50,000 per accident, as explained briefly above. This insurance is intended to protect you from claims of others, not to provide you with payments for property damages, medical bills, or other damages. If you are alleged to have caused an accident, your insurance will pay up to the limits of coverage to an injured party or parties.

In other words, if you cause an accident that results in $50,000 in damages to another person or their property, you are liable to that person for their damages, at least to the extent they can prove them in court. Without insurance, the person that you injured could try to take your personal assets, including money in your bank accounts, your property, and, in some cases, your home. They can even serve your employer with a garnishment action, meaning that your employer would have to pay a portion of your income to the injured party before you ever get it!

If you have liability insurance, however, your insurance company would cover all or part of a judgment against you. In the example above, where the injured party proved that you caused them $50,000 worth of damages, if you have $50,000 or more in liability coverage you should not face any personal liability, and your personal assets are safe. On the other hand, if you only have minimum limits of $25,000 in coverage, your insurance company would pay that $25,000 and you would personally be liable for the additional $25,000.

Your insurer has a duty to try to resolve cases against you without putting your personal assets at risk. In the situation above, for example, if the injured party offered to settle the claim for the $25,000 limits of your liability policy, the insurer would be very likely to do so, because it has a duty to protect you and your personal assets from judgment. Why would the injured party settle for only half of their true damages? Lawsuits often take years to reach trial, and jurors are always unpredictable. Even what appears to be a clear-cut case of negligence can result in a verdict against the injured party in the discretion of the jury. Therefore, by taking half of the damages immediately, the injured party gets a quick payment, plus eliminates the risk, even if remote, that the jury will rule against her.

Additionally, it can be very difficult to collect a judgment against an individual. Insurance companies typically pay very quickly after a judgment. To collect from an individual, however, takes time and planning, and if the individual simply doesn't have the assets to pay, then the injured party may have no recourse. There are many multi-million dollar verdicts on the books that will simply never be collected because the defendant, though legally liable, lacks sufficient assets.

On the other hand, sometimes the liable party is able to pay a judgment personally. This article's author was once involved in a case involving a prominent physician who had obtained only $50,000 in liability coverage. When that physician's son caused a serious auto accident resulting in over $400,000 in damages to the injured party, his insurance company offered to pay its $50,000 immediately. The injured party elected to file suit, however, and the case ultimately resulted in the physician being personally liable for all damages over $50,000. The physician was ultimately was forced to sell his house to cover the damages. Had he simply obtained liability insurance with higher limits, at a nominal cost of a few hundred dollars per year in premiums, this could have been avoided.⁶

Another aspect of liability coverage that can be more valuable than the payment of damages against you is the insurer's duty to defend. When a claim is made against you, your insurer will provide a legal defense if you are sued, meaning they will hire and pay a lawyer to defend you up through trial, if necessary, and possibly on appeal. Defense costs can be staggering, as attorneys typically charge between $150 and $250 per hour on such cases, and sometimes spend hundreds of hours on a single case. These defense costs are borne completely by the insurance company, regardless of whether the defense is successful.

Along with the insurer's duty to defend you, the insurer has the right to settle cases within its policy limits without your consent. For example, if you strongly believe that the other driver caused an accident, but that driver is still making a claim against you for injuries, your insurer can settle with that driver regardless of whether you agree to the settlement or not. Fortunately, Georgia law provides you with protection in this situation and you are not prevented from making your own claim against the other driver for injuries or damages just because your insurer settled with that driver.

Liability coverage is usually purchased for a particular vehicle, not just for the driver, and every car that is driven on the roads of Georgia must have liability insurance for that specific vehicle. At the same time, if you have liability coverage for your own car, your insurance also likely covers you when you are driving someone else's car as well. However, if you are driving a friend's car, and it is not covered by liability insurance, you will most likely get a ticket for lack of insurance regardless of the fact that 1) it's not your car, 2) you didn't know it was uninsured, or 3) you have your own insurance that would provide coverage in the event you caused injury or damage while driving.

Uninsured Motorist

Uninsured motorist coverage protects you against the risk of being injured or suffering property damage caused by another driver who is uninsured. For example, if you are injured by an uninsured driver and you incur $50,000 in medical bills, your uninsured motorist insurance is available to cover those bills, plus your pain and suffering, up to the limits of your uninsured motorist coverage. Moreover, the coverage also applies where the at-fault driver has only limited insurance. For example, if you incur $50,000 in medical bills but the at-fault driver only has $25,000 in liability coverage, you can recover the difference between that driver's $25,000 in coverage and your own uninsured motorist limits. Uninsured motorist coverage can be a complicated area of insurance, however. For a thorough explanation of how it works with multiple examples, please see our article (link).

Uninsured motorist coverage is, by Georgia law, included in your policy in the same amount as Liability coverage for bodily injury. However, it can be waived, though you must do so in writing. Moreover, the laws governing Uninsured Motorist coverage have recently changed. For a more in-depth explanation of this coverage, please see the article referenced above.

Ultimately, Uninsured Motorist coverage is an extremely important coverage, and we encourage all of our clients to add this coverage if they do not already have it. Otherwise, they could be completely without recourse if they are seriously injured by an uninsured or underinsured driver. One little-known aspect of this coverage is that it can often apply to situations where you or a family member are injured while riding in someone else's car, while on a bike, or while simply a pedestrian. These situations are very case-specific, and you should consult your insurance agent or a competent attorney for further explanation.

Medical Payments

Medical payments coverage provides for payment of your medical expenses, and usually those of your passengers, regardless of whether you were at fault. This is a voluntary coverage, and you can elect to waive it. If you do not have health insurance, this coverage can be very important as it will allow you to obtain at least some medical treatment if you are involved in a collision. Even if you simply visit an emergency room, the bill can be over $1,000, and ambulance transport can increase that amount substantially.

Collision/Comprehensive

Collision and Comprehensive coverages provide insurance for damage to your vehicle, and usually come into play when there is not other insurance to pay for those damages. Like Uninsured Motorist and Medical Payments coverages, these coverages are not mandatory and many drivers chose not to obtain them.

There is a great deal of confusion about the difference between Collision and Comprehensive coverage, and insurers themselves are often inconsistent with the use of the terms. Generally speaking, Collision coverage is insurance covering just what it says – property damages caused by a collision. If your vehicle is damaged due to the negligence of another driver, the other driver's insurance should pay for your damages. In reality, it is very often the case that your own insurance will pay for the damages, at least initially, which the insurance companies sort out who is liable. Often this will be done entirely behind the scenes, and you won't even know that your coverage was ever involved. However, if there is a dispute as to liability, you may be forced to pay the deductible on your own Collision coverage, at least until such time as the dispute is sorted out. The other drivers insurer will usually reimburse you for any deductible you paid, assuming that driver was deemed liable. On the other hand, if the other driver is determined not to have been at fault, your Collision coverage may end up paying for the damage, in which case you would be liable for any deductible.

Comprehensive coverage typically provides for damages caused by “anything else,” including fire, theft, cracked windshields, falling trees, or other atypical means. Like Collision coverage, Comprehensive coverage often includes a deductible. To find out specifically what coverage your policy provides under Collision and Comprehensive insurance, it is important to read your Policy Form and any relevant endorsements, as coverages differ greatly amount different insurers.

Other Coverages

Depending on your specific needs, your policy may also contain other types of coverage. For example, a policy covering a recreational vehicle might provide coverage for injuries occurring at a campground even though not directly caused by an automobile accident. A driver who travels for business may be able to obtain coverage for loss of business profits if involved in an accident that causes him or her to lose work. Moreover, many insurers provide “umbrella policies” that provide a high level of liability insurance (usually starting at $1 million) above and beyond the basic insurance limits provided by the automobile insurance. These are just a few examples, and your insurance agent can tell you about other coverages that may be right for you.

Conclusion

The field of automobile insurance law is far more complex than could be covered in this brief article. There are numerous issues that require detailed legal analysis, such as cases involving rental cars, commercial use of a personal vehicle, excluded drivers, etc. However, we hope that this article has given you a better understanding of the basics of automobile insurance law, and that you will be more educated when it comes time to renew your insurance so that you can evaluate whether the insurance coverage you have meets your needs. As a general rule, we recommend that our clients obtain as much insurance as they can reasonably afford. Although you may never need it, you will have peace of mind knowing that you are covered.

If you have questions regarding your own automobile insurance policy, or a claim against someone else for injury or damages caused by an automobile accident, the attorneys of Turkheimer & Hadden, LLC have the experience and knowledge to assist you. Our attorneys have extensive experience representing and working with national insurance companies including Liberty Mutual, Travelers, MetLife, AIG, and many others and understand the intricacies of automobile law in Georgia.

Hit and Run

It is a scenario that we all fear: a hit-and-run on the Interstate, resulting in serious personal injuries and property damage with no apparent recourse when the other driver flees the scene.

Or perhaps it is a driver who doesn't leave the scene, but who, it turns out, never bothered to obtain automobile liability insurance, despite the fact that Georgia law requires all cars on the road to carry a minimum of $25,000 per person and $50,000 per accident in coverage.

Fortunately, insurers providing coverage in Georgia are required by law to offer uninsured motorist coverage to protect us from situations just like these. This article will address some basic questions regarding uninsured motorist coverage, including changes that have recently been enacted by the Georgia legislature that significantly increase the protection provided by this type of insurance.

What is uninsured motorist coverage?

Uninsured motorist coverage is a unique form of insurance which you can purchase that protects you from the very real risk that you may be injured as a result of a driver who either has no insurance or has insurance that is insufficient to fully compensate you for your injuries. In other words, it protects you against not only the negligence of another driver for his unsafe driving, but also his failure to obtain insurance (or insufficient insurance).

For example, if you are involved in an automobile accident and another driver is at fault (let's call him Sam), and you sustain $50,000 in medical bills, you are entitled to payment for your medical expenses as well as other damages, such as lost wages or pain and suffering. If Sam is uninsured, however, it may be nearly impossible to receive any payment for your injuries. Similarly, if Sam has only $25,000 in insurance coverage, which is the minimum required by the state of Georgia, it is very likely that Sam's insurance company will settle for the $25,000, but you may have no other way to receive payment for the rest of your damages and might be forced to pay the remainder of your own medical bills.

Uninsured motorist coverage protects you in these situations by providing additional insurance coverage for your damages. In the example, if Sam had no insurance, but you had purchased $50,000 in uninsured coverage through your own provider, you could receive payment of up to $50,000.

The situation is a bit more complicated when Sam has insurance, but it's not enough to cover all of your damages. Under current Georgia law, you can obtain payment up to the amount of uninsured motorist's insurance that you possess. For example, if Sam has $25,000 in insurance, and you purchased $50,000 of uninsured motorist's coverage, Sam's company will pay $25,000 and your own provider will pay the additional $25,000 to give you a total of $50,000, or the total amount of coverage you purchased. On the other hand, if your uninsured motorist's coverage is less than or equal to the amount of insurance that Sam has, you are not likely to recover any amounts over Sam's own coverage.

Fortunately, Georgia law is changing in a way that provides you with more protection against uninsured or underinsured drivers. The rest of this memo will explain the change and help you determine what you need to do to take full advantage of it.

How has Georgia uninsured motorist coverage changed and how does it affect me?

All automobile insurers are required to provide uninsured motorist coverage in an amount equal to your liability coverage, unless you have specifically, and in writing, requested reduced coverage or no coverage at all. Since January 1, 2009, all new automobile insurance policies have included, by default, a new version of uninsured motorist coverage known as “stacking” coverage. This form of coverage increases the amount of uninsured motorist coverage to the full amount you have purchased, without an offset for the liability coverage of the at-fault driver.

Stacking coverage works as follows: if, as in the first example above, the other driver is completely uninsured, the new law does not change the result – you can obtain up to the $50,000 in uninsured motorist coverage you have purchased. In the second example, however, where Sam has $25,000 in liability coverage, and you have purchased $50,000 uninsured motorist insurance, you can now recover up to $75,000, to the extent that you can prove that Sam was liable for your injuries. In fact, even if Sam's own liability insurance provides coverage for $100,000, your own $50,000 uninsured motorist coverage will be available in the event you can prove that your damages exceed his $100,000 limits.

What do I need to do to take advantage of the new law?

By default, all new insurance policies issued on or after January 1, 2009, include this new form of “stacking” uninsured motorist coverage. Drivers can still decide to purchase the older form of uninsured motorist coverage, or reject it altogether, but must do so in writing.

For existing policies that are scheduled to be renewed after January 1, 2009, and which currently have uninsured motorist coverage, the new “stacking” uninsured motorist coverage insurance will become a part of the policy upon its renewal. Thus, if your policy is scheduled to be renewed on August 1, 2009, the new form of uninsured motorist coverage will become effective on that date, unless you inform your insurer in writing otherwise. The law requires insurers to provide notice to all policyholders who currently have policies that include uninsured motorist coverage at least 45 days before the renewal date of their policies explaining the new law and the new provisions.

For those who do not currently have uninsured motorist coverage, insurers are not required to provide the 45 day renewal notice informing them of the new law. However, those motorists can still contact their insurance companies and request either the new “stacking” uninsured motorist coverage or the older “non-stacking” type of coverage.

Uninsured motorist insurance is an optional coverage, and many drivers elect to forgo the coverage in order to save money on their premiums. Only you can decide whether you want to obtain uninsured motorist coverage. However, we strongly encourage you to do so if you can afford it, as it offers substantial coverage in the event you are injured or your property is damaged by an uninsured driver.

Our attorneys have years of experience representing both insurance companies and injured people in hundreds of cases, and we have the experience necessary to help you understand what insurance is right for you, or, if you have been involved in an accident, to help you understand your options.