{ "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [{ "@type": "Question", "name": "Who fixes my car?", "acceptedAnswer": { "@type": "Answer", "text": "Where you go to get your car fixed after you have been in an automobile accident will depend on your policy and who will be paying for your repairs. If you want to submit a claim to your own insurance, your policy will usually dictate whether you can use any shop or if there are certain garages covered by your insurance. If you are in an accident where the other driver is at fault, you will need to get accurate and thorough documentation of the repairs. It is best to work with a well-known company and ask beforehand whether they will be able to provide accurate documentation. At James McKiernan Lawyers, we will help you throughout the entire process. Contact us first at (805) 254-7596." } }, { "@type": "Question", "name": "Who pays my deductible?", "acceptedAnswer": { "@type": "Answer", "text": "In most cases, the person who pays the deductible in a car accident is the person who was at-fault for the accident. However, finding someone at-fault for an automobile accident can take some time, so it is likely that you will have to pay the deductible first and then be reimbursed if you are found to be “not at-fault.” If the other driver is found to be at-fault for the accident, you can request additional compensation later as part of the settlement." } }, { "@type": "Question", "name": "Will I get top dollar for my totaled car?", "acceptedAnswer": { "@type": "Answer", "text": "This will depend heavily on whether or not you were at-fault for the accident, the circumstances surrounding the accident, and ultimately, what the judge deems appropriate. The James McKiernan Lawyers can help you get the compensation you deserve!" } }, { "@type": "Question", "name": "Who pays for towing and storage charges?", "acceptedAnswer": { "@type": "Answer", "text": "It depends largely on who was found to be at-fault in the accident. If you were the person who caused the accident, then you will likely be responsible for paying all of the towing and storage fees. If the other party caused the accident, then they (or more likely, their insurance company) will have to pay for these fees. Keep in mind it is likely that you will have to pay these towing and storage fees up front and then you will get reimbursed as part of the settlement you are awarded." } }, { "@type": "Question", "name": "Do I use my insurance or the other party’s insurance?", "acceptedAnswer": { "@type": "Answer", "text":"It is generally considered best practice to call your insurance company and file a claim with them after you have been involved in a car accident. However, you should first consider contacting an experienced personal injury lawyer. They will handle the insurance company so you can focus on recovering." } }, { "@type": "Question", "name": "What if the other side is uninsured?", "acceptedAnswer": { "@type": "Answer", "text": "If the other party is at-fault for the accident and they are uninsured, they are still legally responsible for the fees associated with that accident. However, it is important to carry uninsured motorist coverage with your own insurance company to protect you in case you are in an accident with an uninsured party. Sometimes abbreviated as “UIM,” this type of supplementary insurance will protect you if you are involved in an accident with a driver who does not have car insurance and who is found to be at-fault for the accident. James McKiernan Lawyers will handle your property damage claim at no charge." } }, { "@type": "Question", "name": "Do I have to use the insurance’s body shop?", "acceptedAnswer": { "@type": "Answer", "text": "The short answer here is yes. If you are involved in an accident, it is highly suggested that you use the body shop recommended by your insurance company. This will help you to get everything covered and ensure that the body shop knows what they are doing and follows all the necessary procedures and protocols. Not all body shops will have the same accountability and provide the proper documentation that you will need in order to get everything covered." } }, { "@type": "Question", "name": "New, used, or after-market parts for my car?", "acceptedAnswer": { "@type": "Answer", "text": "If you are interested in using aftermarket parts, there are some things that you need to know. Most people prefer to use original equipment manufacturer (OEM) parts instead of using aftermarket parts. This is because OEM parts usually fit your car better and are typically guaranteed. However, many insurance carriers will attempt to only cover the use of aftermarket parts and not original parts. In order to avoid this, you will need to read the fine print of your insurance coverage and see exactly what your coverage allows. There are a few ways you can do this: *Request OEM parts in advance, *Talk to your insurance agent, *Turn down insurance coverage regarding certain parts of your repair." } }, { "@type": "Question", "name": "What about faulty workmanship on my car?", "acceptedAnswer": { "@type": "Answer", "text": "You can legally seek damages and compensation from the company that worked on your car to recover some of your costs. This will be a separate claim from the initial accident claim. When you work with a personal injury lawyer, they will guide you through this process and help you find what legal avenues work best for your individual case." } }, { "@type": "Question", "name": "Who gets the property damage check?", "acceptedAnswer": { "@type": "Answer", "text": "In the end, who receives the property damage check depends heavily on your agreement. Once your claim is settled and everything has been finalized, the insurance company may send you the check to pay for your vehicle repair or replacement, or they may send the payment directly to a third party, such as the repair facility or body shop. You will want to get the answer to this question before you settle your claim." } }, { "@type": "Question", "name": "What if I disagree with the insurance company?", "acceptedAnswer": { "@type": "Answer", "text": "While this happens often, the best way to dispute an insurance claim is to work with your lawyer to write a formal letter to the claims adjuster that explains why you believe their total settlement is not enough to cover the damages your vehicle has sustained. It should be a thorough, well-written letter that explains your position in a very calm, professional manner. If you work with a lawyer, you will have a much better chance of a positive outcome. James McKiernan Lawyers is happy to handle all insurance adjuster matters on your behalf." } }, { "@type": "Question", "name": "When can I get paid?", "acceptedAnswer": { "@type": "Answer", "text": "In most cases, you will have to wait for your claim to be settled before you will see any money from the insurance company. You should expect to receive a check about 14 days after you have filed all of the necessary paperwork, so it is best to be prepared to pay for your damages out of pocket first and then wait for reimbursement." } }, { "@type": "Question", "name": "Who pays what?", "acceptedAnswer": { "@type": "Answer", "text": "After an accident, you will likely have to submit the claim to the insurance company for it to get paid. The at-fault party pays for the damages eventually, but you may have to pay for some of the fees up front and then wait for reimbursement from the insurance company. Before you pay anything, you should talk to a lawyer about the damages and what your insurance covers. It is best to know all your legal rights before giving out any money for deductibles, towing, storage, etc." } }, { "@type": "Question", "name": "Do I sign a release?", "acceptedAnswer": { "@type": "Answer", "text": "Before you sign anything, it is best to consult with a lawyer to ensure that you are legally protected and that what you are signing is in your best interests. In general, there are three different types of releases: 1. The Medical Authorization Release – This allows insurance companies to look into your medical records. 2. The Release of All Liability and Claims - Do not sign this, as it allows insurance companies to not pay for damages and compensation that you may need. 3. The Property Damage Release (Check) - This usually states how you will receive funds after an accident. Eventually, following an accident, you may have to sign some release forms, but it is best to wait until you have gone over them thoroughly with your lawyer to ensure you are only signing what is necessary and legally beneficial to you." } }] }

400 + 5 Star Reviews!

Kristopher R.

Chances are you’re here because you or someone close to you has been hurt. Your life has been turned upside down. The “it’ll never happen to me” mentality gets thrown out the window- No pun intended. And chances are you know someone who knows some lawyer who did a thing and blah blah blah. [READ MORE]

Jamie Lee

They handled my case involving a car accident. They’re extremely polite and professional. Any questions I had they addressed them immediately, I never had to wait for a reply. Everything about my experience with this firm has been the absolute best. I without a doubt recommend them [READ MORE]

Charlie Criner

5 Stars! Outstanding firm dedicated to “righting wrongs” for people in need! So glad I contacted [READ MORE]

Hilary H

I am so pleased with James Mckiernan and associates! We had the pleasure of Robert Bell, and he was amazing!! He helped us out tremendously, and would highly recommend him again. Thank you so [READ MORE]

Howard Harvey

Mr. John Hayes had assisted my wife in a settlement and help take good care of her accident claim. He helped to ensure that she receive full compensation through recourse of mediation and gave her security that she was being led in a rightful [READ MORE]

Marcos Meraz

Yes they are very good use them a lot also recommended them they are very good and [READ MORE]

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