WHAT TO DO IF I’VE
BEEN INJURED IN AN
AUTO ACCIDENT? Useful Information That May Help You
Navigate Your Case
Donald R. Beebe, Esq.
Daniel A. Beebe, Esq.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 2
Copyright © 2016 by Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the author.
ISBN: 978-1-941645-83-3
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© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 3
DISCLAIMER
This publication is intended to be informational only. The information in this book is not intended as legal advice. No legal advice is being given, and no attorney-client relationship is intended to be created by reading this material. If you are facing legal issues, whether criminal or civil, seek professional legal counsel to get your questions answered.
Law Office Of Beebe & O’Neil
PO Box 6002
335 Washington Street
Norwich, CT 06360
(860) 889-5266
www.newlondoncountypersonalinjurylawyers.com
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 4
TESTIMONIALS
“I turned to Attorneys Beebe & O’Neil because I had been in an
auto accident and needed their help. As they worked on my
case, I was very impressed by the small town family business
feel of long ago. I found Attorneys Beebe & O’Neil to be a
personable, competent team of integrity. It became obvious
that they genuinely care about their clients. My phone calls
were always returned promptly. They always took the time to
answer my questions with straight forwardness and clarity.
They kept me informed and made sure that I fully understood
what was happening with my case. I never felt rushed or
intimidated. Attorneys Beebe & O’Neil turned an unpleasant
situation into a pleasurable one. I was more than pleased with
the services of Attorneys Beebe & O’Neil. I was very happy
with the outcome. It was a pleasure to do business with them
and I would highly recommend them.” - Marilyn A.
“I was involved in a car accident the year of 2013. The other
driver’s insurance wanted me to sign off on paperwork. I
wasn’t sure what to do so I contacted Beebe & O’Neil Law
Firm. From the first day that I met Mr. Beebe and his son,
Daniel, they put my worries to rest. They stopped the phone
calls from the other driver’s insurance and started to work on
my case. I was always kept up to date on what was going on
with my case. The enthusiasm in which they took on my case
made me know that I had chosen the right law firm to
represent me. I would recommend Beebe & O’Neil Law Firm to
everybody who needs peace of mind and great representation
until their case gets settled. Thanks again to the lawyers and
staff of Beebe & O’Neil Law Firm.” - David R.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 5
“I want to thank my lawyers and legal staff at Beebe & O’Neil
for representing me in a civil case from a car accident
I was in during 2009. They went out of their way to make me
feel like family and they gave me tremendous moral
support through my medical treating. I can’t say enough
about everyone involved in my legal matter from the
attorneys down to their staff that they go out of their way for
you. I would highly recommend anyone to go to their law firm
if you need help with an accident.” - Nora L.
“In Our opinion, Beebe & O’Neil is a Five-Star Law Firm.
They are thoroughly dedicated to their clients and highly
responsive to their needs. Our case was a lengthy one and
throughout the entire process, the Beebe & O’Neil team kept us
well informed and advised. You simply cannot ask for better
legal support. If you Need legal service, contact Beebe &
O’Neil. You will not be disappointed.” - Larry & Betty G.
“They were great. That’s all I can say. They were
helpful, wonderful at helping. It was a long case but they
helped me through it. I had no problems getting any
questions I had answered. There were no problems with
the case and they were very helpful. It was very good
working with them.” - LuAnn B.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 6
TABLE OF CONTENTS
ABOUT THE AUTHORS .............................................................................. 8
WHAT ARE THE MOST COMMON TYPES OF AUTO ACCIDENT CASES? ..... 11
STEPS THAT YOU MUST TAKE IF YOU HAVE BEEN INJURED
IN AN AUTO ACCIDENT .......................................................................... 12
IF POLICE ASK YOU FOR A STATEMENT, IS IT IMPORTANT TO GIVE THAT STATEMENT?
HOW WILL THE STATEMENT BE USED? ............................................................ 15
IF YOU ARE CITED AT THE SCENE, IS YOUR CASE DOOMED?................................. 17
SEEKING MEDICAL TREATMENT AFTER A CAR ACCIDENT ........................ 18
WHY IS IT IMPORTANT TO FOLLOW THE RECOMMENDED TREATMENT AND
NOT MISS AN APPOINTMENT? ....................................................................... 19
MISCONCEPTIONS THAT PEOPLE HAVE ABOUT AUTO ACCIDENTS .......... 21
AUTO ACCIDENT LAWS IN CONNECTICUT ............................................... 23
MODIFIED COMPARATIVE NEGLIGENCE AND ITS EFFECT ON AN AUTO INJURY CASE . 23
OPTIONS FOR DRIVERS AND PASSENGERS SEEKING COMPENSATION FROM
AT FAULT DRIVER ......................................................................................... 25
MINIMUM CAR INSURANCE REQUIREMENTS ...................................................... 25
DOES CONNECTICUT REQUIRE UNINSURED MOTORIST COVERAGE? ....................... 26
FACTORS DETERMINING VIABILITY OF AN AUTO ACCIDENT CASE ........... 27
HOW CAN YOU GET A SUBSTANTIAL SETTLEMENT? ............................................ 27
WHEN WOULD YOU “NOT HAVE A CASE”? ...................................................... 28
FILING A PERSONAL INJURY CLAIM AFTER AN AUTO ACCIDENT .............. 30
WHAT ARE THE OUTCOMES IN THESE CASES? ................................................... 30
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 7
HOW DIFFICULT IS IT TO RECOUP ANY COMPENSATION IN THESE CASES
IF YOU FILE A LAWSUIT? ............................................................................... 30
DO MOST OF THESE CASES SETTLE BEFORE GOING TO TRIAL? ............................. 31
YOUR RIGHT TO COMPENSATION AFTER A CAR ACCIDENT ..................... 33
RIGHT TO COMPENSATION IN CASE OF AN UNINSURED MOTORIST ....................... 33
RIGHT TO COMPENSATION IN CASE OF AN UNDERINSURED MOTORIST .................. 34
DEALING WITH INSURANCE COMPANIES AFTER A CAR ACCIDENT ........... 36
WHAT SHOULD YOU DO IF OTHER DRIVER’S INSURANCE COMPANY CONTACTS YOU?37
SHOULD YOU EVER GIVE ANY INSURANCE COMPANY A STATEMENT? .................... 39
DO YOU HAVE TO RELEASE YOUR MEDICAL RECORDS TO OTHER DRIVER’S
INSURANCE ADJUSTER? ................................................................................. 39
QUESTIONS THAT PEOPLE ASK ABOUT INSURANCE CLAIMS
IN AUTO ACCIDENTS .............................................................................. 40
CAN YOU BRING A CLAIM AGAINST YOUR OWN INSURANCE AS AN ALTERNATIVE
TO THE CLAIM AGAINST THE AT FAULT DRIVER? ................................................ 40
WHAT SHOULD YOU PROCEED AGAINST IF THE PERSON WHO HITS YOU
HAS NO INSURANCE?.................................................................................... 40
WHAT HAPPENS IF THE OTHER DRIVER IS UNDERINSURED? ................................. 41
HIRING A PERSONAL INJURY ATTORNEY AFTER AN AUTO ACCIDENT ...... 42
WON’T INSURANCE HANDLE EVERYTHING? ....................................................... 42
CAN YOU HANDLE IT ON YOUR OWN? ............................................................. 43
EXPERIENCE OF BEEBE & O’NEIL IN HANDLING AUTO ACCIDENT CASES .. 45
WHAT SHOULD YOU AVOID WHEN LOOKING FOR AN ATTORNEY? ........................ 47
WHAT SETS THE LAW FIRM OF BEEBE & O’NEIL APART IN HANDLING
AUTO ACCIDENT CASES? ............................................................................... 47
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 8
ABOUT THE AUTHORS
Attorney Donald R. Beebe
Donald R. Beebe, born Bozrah,
CT, January 4, 1950; admitted
to bar, 1975, Connecticut;
1976, US District Court,
District of Connecticut (1976)
US 2nd Circuit Court of
Appeals, (1988) US Supreme
Court, (1993) Mashantucket Pequot Reservation, (1994)
Mohegan Sun Gambling Disputes Court (1997).
Education: Harvard University (B.A., cum laude,
Government; secondary, Philosophy, 1972); University of
Virginia (J.D., 1975).
Areas of Practice: Personal Injury,
Medical Malpractice, Criminal Law, Civil Litigation,
Commercial Litigation.
Professional Associations: New London County
4-H Foundation, President, 1988 – 1991; Harvard
Club of Southern Connecticut, Director;
School Committee Regional Chairman; Harvard Club
of Southern Connecticut.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 9
Attorney Daniel A. Beebe
Attorney Daniel A. Beebe
joined Beebe & O’Neil in
2008. Daniel A. Beebe,
born Norwich, CT, April 4,
1982; admitted to bar,
2007, Connecticut.
Education: Harvard
University (A.B., cum laude, concentration in
Government, 2004); William & Mary School of
Law (J.D., 2007).
Professional Associations and Memberships:
1. Connecticut and American Bar Associations, Member
2. Harvard Club of Southern Connecticut, Member
and Interviewer
3. New London County 4-H Camp, Volunteer
Experience:
1. Attorney Beebe and O’Neil, Attorneys at Law
May 2008 – Present (7 years 7 months)
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 10
2. Summer Associate Zaremba Center for Estate
Planning & Elder Law, Williamsburg, Virginia
May 2006 – August 2006 (4 months)
3. Summer Associate David Lee & Associates
May 2005 – August 2005 (4 months)
4. Research Assistant Professor Gary Orren, of The
Harvard Kennedy School of Government, Cambridge,
Massachusetts
September 2002 – August 2003 (1 year)
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 11
WHAT ARE THE MOST COMMON TYPES
OF AUTO ACCIDENT CASES?
The most prevalent type of
auto accident case is when a
passenger is in a car and they
either get rear-ended by a
car behind them or the
driver fails to stop
appropriately or fails to stop for a red light, and goes
through an intersection where someone else has a green
light and hits them.
The other common situation is that someone
will go through a stop sign with the same type of effect
and the person with the right of way coming from the
other side of the intersection hits the car. There are also a
lot of cases of passengers sitting in the car where the
driver has been speeding.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 12
STEPS THAT YOU MUST TAKE IF YOU HAVE
BEEN INJURED IN AN AUTO ACCIDENT
If you are at the scene of the accident and have been
injured, there are a couple of
steps that may need to be
done simultaneously. If there
are any witnesses around,
you should be getting their
names and addresses. You should be indicating, if you are
injured, that you are injured. If you are not sure,
you should say that you are not sure whether you are
injured or not.
You should note that it sometimes takes 24 to 72 hours to
know if you have an injury, and sometimes longer. If you
have people who observed the scene, you should get their
names, addresses and telephone numbers. Many times,
you need them and they drive away without getting their
name, telephone number and address.
You can tell witnesses that you just want to be sure
that you can thank them later and tell them how it comes
out. Do not tell them that you want them involved in a
lawsuit because that might scare them. Others may just be
willing to be involved.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 13
The important thing is to document what has happened.
Even if it is a clear case where the other driver is at fault,
what happened at the scene may be also important. Jurors
get very upset with drivers who are at fault and do not
seem to be concerned about your injury or fail to do the
usual things that a decent human being would do when
you have been caused injury.
Also, the driver of the other car may be intoxicated, either
with alcohol or drugs, or they may have been on a cell
phone, or involved in an argument or something with a
person in the car, which again a witness has seen.
This type of information can make a great deal of
difference not only to your case, but also to the safety of
the society in general. People who are that distracted and
that they are not paying attention to the road can cause
horrific injuries to others if they are not forced to face the
fact that they are not acting appropriately.
The police and an ambulance should always be
called to the scene. If you have any pain at all, you
should be going to the emergency room with the
ambulance. If not, go as soon as you can after the
accident. It does not help you to have it in the police
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 14
report that you declined medical attention or that you told
the police that you were not injured.
You should say that you are injured if you are, and
if you are not injured, you should say that you are not
sure, that you are capable of going home but you do not
know if you are injured.
When at all possible, you should go with the ambulance to
the emergency room to be
checked out. This is not just
for the fact that you may have
a claim, but also for your own
general health and wellbeing.
The reason why you need to do all these things right
away is that it increases your ability to get just and
reasonable damages for the injury that you sustained by
the fault of another driver.
As soon as you have taken care of your medical
issues, you should then call a lawyer. The law office of
Beebe & O’Neil does not charge for this initial
consultation, but many law firms do.
If you are incapacitated, someone from the office of Beebe
& O’Neil will actually come to your home or your
hospital room. They do not charge for that service. It is
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 15
just important to know your rights before you do
something that jeopardizes them. You should not be
talking to the insurance company for the driver at fault
without talking to a lawyer.
If Police Ask You For A Statement, Is It Important To Give
That Statement? How Will The Statement Be Used?
This statement is crucial. This is at the point where you
are closest to the events of the accident. You have your
best memory and your best perception of the case, unless
you were knocked out or confused by what happened. It is
important to remember that you want to be accurate, but
you do not want to conceal anything.
If you do not think that you were going over the speed
limit, say that you were not going over the speed limit. Do
not guess. Think hard about the fact as to whether or not
you are the type of driver that always drives fast or that
you are a cautious and reasonable driver.
It is important to remember what you perceived. If you
thought that the driver was driving extremely fast, say
that. If the driver appeared to have a cell phone in hand,
say that. If the driver told you things like they were on the
cell phone and they were distracted, or that they dropped
something and they picked it up and were not looking also
include that in your statement.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 16
Whatever they say, it is important to tell the police.
Sometimes the driver will
talk to you right at the scene
and tell you things that they
will not say later. In other
words, they will actually tell
you what went wrong before
they start talking to their
own insurance companies or
their own lawyers, so it is important to listen to what they
have to say. Ask them what happened, if you can.
Obviously, if you are trapped in the car or injured, you
cannot. If there are witnesses at the scene that told you
what happened, tell that to the police too, and ask the
police to talk to those individuals. The statement
that you give can control the outcome of your case, so it is
a crucial statement.
It is also important that you remember that a person who
has injured you should be held accountable for his or her
actions, and you should not be sugar coating
what they did. This is not the time to be a “nice guy,” but
to give as much detail as possible about what the other
person did that was wrong.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 17
If You Are Cited At The Scene, Is Your Case Doomed?
No, it is not. It obviously weakens your case. It also
depends what you were cited for. For example, if you
were cited for not having your license because you
were not carrying one, that is totally insignificant, as
long as you have a license and were trained to drive, and
you were driving properly.
Sometimes the police are wrong, so the citation can be
wrong. If you feel that way, you should contact a lawyer
immediately because the citation of the police officer,
although it is not always controlling, can have a very
damaging effect on your claim. You should contact a
lawyer immediately regardless of whether you are cited. If
you are cited and think that you were improperly cited,
then you need to get to a lawyer as well.
In no event should you ever plead guilty to a
citation without a lawyer’s advice. There is a way to plead
nolo contendere, which is a plea by which a guilty
finding can be found against you, but cannot be used in
the civil matter. The insurance companies will use
that guilty finding to make it very difficult for you to get
what you are entitled to.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 18
SEEKING MEDICAL TREATMENT
AFTER A CAR ACCIDENT
It is not uncommon that for many of the injuries that are
sustained in an automobile
accident, the pain does not
start until some time has
passed. The injured person
may not recognize it as a pain
that is tied to the accident or going to be continuous until
some time has passed.
To begin with, many back, neck, leg and arm injuries do
not start to hurt for 24 to 72 hours after the event, and
some are “masked” by the fact that so many other things
are going on that a person is not concentrating on them.
So you do have a case. The important thing is to
go to a doctor immediately when you have the pain and
state that the pain started when the accident
occurred or shortly thereafter, or there has been
nothing else that has occurred between the date of the
accident and the doctor’s visit. (If there has been another
event, they need to distinguish that it could not have
possibly have been the cause.)
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 19
Why Is It Important To Follow The Recommended Treatment
And Not Miss An Appointment?
It is critical that you follow the recommended doctor’s
treatment and not miss doctor’s appointments. First, this
is critical for your own health, which is obviously the
primary reason why you go to the doctor.
Secondarily, it is incredibly important to your personal
injury claim. It is important because the insurance
company for the at-fault driver is going to bring
up the fact that you are not following your
doctor’s recommended treatment and you are not
making the appointments.
Anybody that listens to the case, which is usually a jury,
will be told in argument and maybe even by the judge that
people are supposed to treat for an injury. If they are not
following their own doctor’s recommendation or not
showing up for appointments, then they are not doing
what is necessary to treat, or they are not injured at all.
The term “gaps in care,” or words to that effect, is just
saying that there have been gaps that need to be justified
to the jury. There are a lot of reasons why people cannot
treat. Many times it is because they do not have medical
insurance or their medical insurance has been dropped. In
those events, people do not have the money to treat, but it
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 20
is important for the injured person to be in contact with
an attorney or the attorney they have and tell that
attorney the problems they are having so that they can
strategize on how to get that treatment.
A large part of the population in Connecticut is
covered by state insurance. It is called “Husky.” A lot of
these policies will not be accepted by the doctors in
their areas, and people need to travel to where they can
treat with that coverage.
The office of Beebe & O’Neil know who those doctors are
and where people need to go. Other law offices do, too, but
it is crucial that people treat. There could be other reasons
why people do not treat, but again they have to be
explained, and every time you have to explain something,
it will confuse the jury as to how serious the injury is.
Not following the recommendations of the doctor,
missing appointments, or having gaps in treatment
decrease the amount of money that you are entitled to in
your case, or it can make a jury think that you are not
entitled to as much as you should be.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 21
MISCONCEPTIONS THAT PEOPLE HAVE
ABOUT AUTO ACCIDENTS
When people first talk to an auto accident attorney, they
feel that somehow they are
doing something that is
wrong or improper. It does
not take very long for Beebe
& O’Neil to explain to them
that they did not ask to be
hurt and that the person or
corporation that has hurt them has a legal obligation to
pay what they have lost.
People have difficulty understanding that they lose far
more than just the cost of their medical bills and the
damage to their car, in car accidents. They also many
times lose, their good health and stamina, and their ability
to live a life pain free and without limits and restrictions.
There are some who think that just by being involved in
an accident, they are entitled to a lot of money and it is
just going to come easy to them. They have to be
counseled on the fact that they have to document their
loss and injuries and how it affects them. They need to
treat, as they should anyways, in order to get well.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 22
Treating is an important factor to the jury, to
whom the case is ultimately tried. A person’s history of
treatment lets the jury know how serious the injury is that
they sustained. There are other people that just feel
being adequately compensated is impossible. They
need to be counseled on the fact that they need to be
patient and persevere. They need to be advised as to
what types of experts and other witnesses are necessary
to develop their claim.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 23
AUTO ACCIDENT LAWS IN CONNECTICUT
Connecticut does not have a
no-fault statute. It did at one
time, but it has no relevance
now. People should be
consulting lawyers to find
out about Fault and No-fault
in their state. In general, the no-fault statute means that,
regardless who is at fault, your own carrier will pay up to a
certain amount of losses that you have.
Modified Comparative Negligence And Its Effect On An Auto
Injury Case
The expression “modified comparative negligence” is not
used in Connecticut. However, there is a law that indicates
that fault is allocated amongst the people who are
responsible for the injury. A person who has been injured
by another can recover, even if he or she has been
negligent, as long as their negligence is less than one half
of the total negligence that occurred.
In other words, if a person is a passenger in a car and are
rear-ended, they are not at fault at all. There is generally
no way that they could be at fault. That would mean that
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 24
everybody else who could possibly have caused the injury
are 100% at fault, so there is no comparative negligence.
Taking the example, if the driver of a car comes into an
intersection where they have
a stop sign, they look both
ways and they see a car
coming into the intersection
from some distance, they
have a right to assume that
the car is driving at the speed
limit or less, and they pull
out. If they misjudge it, they
may have some comparable fault with the driver of the
other car, if it turns out that they saw him but misjudged
the fact of how fast they were speeding.
As long as the other driver was 51% or more negligent, the
injured party can collect. This does not apply to the
passenger, who would have no comparative negligence,
but the driver might have some.
The way comparative negligence affects the case
ultimately is if for example, the person who was injured
is 25% at fault and his damages are $100,000, the
court will reduce the damage claim by $25,000 for
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 25
his portion of the damages. That is a simplistic answer to
give an idea of how this works.
Options For Drivers And Passengers Seeking Compensation
From At-fault Driver
To begin with, a person cannot file a claim against their
own insurance in Connecticut because it is not a no-fault
state. Insurance companies only pay claims where their
driver/insured is at fault. In that case, they are only going
to pay the person that their driver hurt, not their driver
(the only exception to this is if a policy has medical
coverage for a certain amount and they will pay for the
medical coverage, regardless who is at fault, but that is not
the normal circumstance in Connecticut).
In a case governed by Connecticut law, a person does not
have a choice but to proceed against the driver who is at
fault and collect the money against that driver’s carrier.
Minimum Car Insurance Requirements
In Connecticut, you absolutely have to have a minimum of
$20,000 per person or $40,000 per accident for
insurance. In other words, if one person in the car is
injured, they can collect up to $20,000 against this part of
the policy. If there are two or more people, then the total
in claims that can be paid out is $40,000.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 26
Does Connecticut Require Uninsured Motorist Coverage?
Connecticut does require uninsured motorist coverage.
The minimum coverage is $20,000 per person/$40,000
per accident. If you are injured by an at-fault
driver and the car that you are in has, or you have on your
car, underinsured motorist coverage, you will have
at least $20,000, but it could be a lot more. There are
other refinements to this, but you should know that
there is money available.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 27
FACTORS DETERMINING VIABILITY OF
AN AUTO ACCIDENT CASE
The elements or components of a collision case that make
it a viable case are where,
obviously, the driver of the
other car is at fault. What
makes the case viable is that
the other driver is at fault,
and you can document that
fault. Evidence from the scene is very important,
so you should be in a lawyer’s office so that evidence can
be gathered. This includes things like skid marks,
how the cars are damaged, and the condition of the car
that caused the injury.
How Can You Get A Substantial Settlement?
Getting a substantial settlement has to do with the
fact that good liability has to be established. It does not
have to be 100%. In other words, there can be some fault
on the part of the driver.
There never can be fault as to the passenger, except for
extraordinary circumstances. It is possible, for example,
that a passenger can grab the wheel and cause an
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 28
accident, but absent that type of event, the passenger
should always be able to recover.
What generates a substantial settlement is how the
injury affects the person who has the claim. What were
the medical bills? What happened to the person’s
body? Do they have limitation in movement? Are
they limited in what they can do? Can they go to work?
How significant are the scars?
Severe scars are obviously worth a lot of money, as are
serious disabilities or restrictions in life’s activities, or
great reductions in wages. These all lead to substantial
settlements. A good course
of treatment with a clear
history that ties the
treatment to the accident
and how it affects people
creates or generates a substantial settlement.
Also, psychological injuries such as the ability to drive,
being afraid to drive or your relationship with your
spouse, also can all affect the size of your settlement.
When Would You “Not Have A Case”?
Not having a case at all would mean that either
liability is not good at all in the sense that it is established
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 29
that you are at fault more than the other driver or that you
have not been injured.
In other words, you can have the most outrageous and
dangerous conduct on the part of the person who hit you
or caused you harm and your car could be completely
totaled. However, if you had no need for medical
attention, you missed no work and it has not affected you,
then you have no case at all.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 30
FILING A PERSONAL INJURY CLAIM
AFTER AN AUTO ACCIDENT
The time frame for bringing a personal injury
lawsuit in Connecticut is two years. The same applies to
personal property damage, namely to the vehicle. It
should be noted that generally the claims for property
damage, such as car damage, are taken care of right away
because people need their cars.
People with injuries to their body as the result of
a car accident generally do not know what is wrong with
them for a while.
What Are The Outcomes In These Cases?
It depends. If the other party is at fault, and if
there is insurance that covers it, either by the liability
policy or if the driver does not have any insurance
coverage, under your own underinsured motorist policy,
you should be able to collect. That is your right, and you
should be pursuing it.
How Difficult Is It To Recoup Any Compensation In These
Cases If You File A Lawsuit?
Talking about automobile accident cases in general, if the
other driver is at fault, you have an absolute right to
recoup compensation, so you should get paid. This is also
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 31
true in uninsured and underinsured motorist cases where
the other side does not have insurance or has limited
insurance, compared to the uninsured motorist coverage
or underinsured motorist coverage on your car.
You should be able to recoup compensation if you file a
lawsuit because you are entitled to it. In other words, if
the other driver is at fault and there is any coverage that
applies to you, whether it be the liability policy on the
other car or your own uninsured or underinsured motorist
coverage, you should be able to recover. For that, you
should be seeking an attorney’s advice right away.
Do Most Of These Cases Settle Before Going To Trial?
Most personal injury cases
do reach a settlement
before trial. However, no
case should be treated as if
it is going to settle. All
cases should be treated as
though they are going to go on trial. The insurance
company attorneys evaluating cases always factor in how
the case will be presented at trial. That has a great
deal in convincing the attorney that he/she has to
pay the money damages that the injured party is legally
entitled to receive.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 32
The goal is to make the insurance company of the party
that is at fault live up to its obligation to pay for the harms
and losses that the injured party has suffered because of
the wrongful acts of the insured. It is crucial that clients
hire a law firm that does the necessary work to build and
develop their personal injury claim so they are in a
position to force the insurance company to recognize that
they have to pay the maximum settlement amount for
those harms and losses that the client sustained.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 33
YOUR RIGHT TO COMPENSATION
AFTER A CAR ACCIDENT
Many times, the person who injures you or is at fault does
not have insurance. This is an uninsured motorist. So
there are two aspects to it:
Right To Compensation In Case Of An Uninsured Motorist
Just because the other driver
does not have insurance
does not mean that you
cannot present a claim. You
can bring a claim against
your own insurance policy under the section that deals
with uninsured motorists.
People do not like to bring claims against their own
insurance company because they are afraid that it will
affect their rates. Generally, it does not affect your rates to
bring a claim under the uninsured motorist section. By
definition, you are only bringing it because the other
driver is at fault. You have done nothing wrong, so your
insurance company should not increase your rates.
Your claim against that policy or the amount of that policy
is exactly the same claim that you have against the driver
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 34
who hurt you or who was at fault. Everything about
treatment, presenting the claim, not giving statements or
being careful when you give a statement that lawyers
advise you is important.
Right To Compensation In Case Of An Underinsured Motorist
In Connecticut, an
underinsured motorist is a
motorist who has a liability
policy on their own car or
insurance coverage in an amount that is less than your
own insurance coverage on your policy. Under
Connecticut law, every driver of every car that is insured
must have a minimum liability coverage of $20,000 per
person / $40,000 maximum per accident.
This is the absolute lowest, and most people have a lot
more than that. This means that if an at-fault driver hurts
individuals in another car and you are one of them, you
are entitled to up to $20,000 if you are the only person
injured. If there are multiple people, then you would be
splitting up to $40,000, but never getting more than
$20,000 per accident.
That is pretty complicated, and you should talk to a
lawyer, but that is the general information.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 35
In the event that you have this situation and the car that
you are in has underinsurance coverage for greater than
20/40, or whatever policy the other car has, then you are
able to collect against the underinsurance policy of that
car under its underinsured motorist provision.
You also may be able to collect from your own insurance
policy if it is different from the car you are in. In other
words, if you are in a friend’s car as a passenger or driver
and you have been rear-ended in an accident where
another driver is at fault, you can collect the maximum of
the insurance of the at fault driver and then proceed
against the car’s own underinsured motorist coverage and
then your own, if it is greater.
This is a very complicated area, but you just need to know
the concept that there is coverage, so you should be
seeking advice on it. Your right to compensation is the
same as if you are going after the other car for their
liability for what they did to you.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 36
DEALING WITH INSURANCE COMPANIES
AFTER A CAR ACCIDENT
As a general rule, you should always notify your insurance
company of the accident. If
you were not at fault, you
need to tell them that. If you
have collision on your car,
that means that regardless of
who is at fault, they will pay
for the collision damage and
sometimes they pay for a rental so you can go back to
work. Your insurance company will then make a claim
against the other carrier if the other person is at fault.
However, if you fail to notify your carrier at some point in
time, if a lawsuit is brought and you were at fault or
partially at fault, your carrier may deny coverage on your
liability policy. This can present a problem for your
personal assets. In other words, you could be sued
personally with no insurance coverage.
As to whether you are responsible for notifying the other
driver’s insurance company of the accident, no, you do not
have an obligation to do it. However, you should get to a
lawyer’s office so that they can assist you in this. It does
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 37
not hurt to contact them so that if the other driver is at
fault and you have damage to your car, they can fix it.
It is risky to ever deal with the insurance company of the
driver at fault, because that carrier’s goal will be to
minimize your claim. Your own insurance company may
have to pay part of the claim on the underinsured motorist
coverage, so you want to be sure that you are clear as to
who is at fault in talking to them.
When talking to the other driver’s insurance company,
you should be careful not to concede something
that is disputable that would hurt you. If you felt that the
other person was traveling too fast through an
intersection, and if they were going at the speed limit, you
would have been able to enter the intersection and get
safely to the other side of the road, you should say that.
That is just an example, but you should contact a lawyer
whenever you have any doubt.
What Should You Do If Other Driver’s Insurance Company
Contacts You?
Do not ever talk to the other party’s insurance adjuster to
give a statement. Assume that even if the person is not
recording a statement, the person is taking detailed
notes of what you say. From the moment you make a
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 38
claim against an insurance company, anything you say
may be damaging to you.
Human nature is such that people have the hope that they
are not injured and that they will get well. They minimize
their injuries, and many times don’t even know how
seriously injured they are.
It should be noted that the same warning of not talking to
other party’s insurance
adjuster or other employee
also applies to the injured
person’s own insurance
company. A recorded
statement given anywhere
can be made available to the
other party’s insurance company. In some instances, the
injured party’s own insurance company may be obligated
to some or all of the injured person’s statement.
You should contact a competent personal injury
attorney right away and have them deal with providing
the basic information about the accident and to prepare
you for any statements you are obligated to give. You
should note that in many instances, you are not obligated
to give any type of statement.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 39
Should You Ever Give Any Insurance Company A Statement?
You should not give the other party’s insurance company a
statement, and you should get advice before you give your
own insurance company a statement. They will be
responsible for paying the damages that the other party
caused under your own insurance policy under the
uninsured or underinsured motorist provision.
Do You Have To Release Your Medical Records To Other
Driver’s Insurance Adjuster?
You should not be dealing with the other driver’s
insurance adjuster unless a lawyer has told you to do so.
You do not have to give a release of your medical records
to the other side’s insurance adjuster. That should be
coordinated only with the advice of a lawyer.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 40
QUESTIONS THAT PEOPLE ASK ABOUT
INSURANCE CLAIMS IN AUTO ACCIDENTS
There are a number of questions people ask about
insurance claims after they are injured in auto accidents
in Connecticut. Some of these question are as following:
Can You Bring A Claim Against Your Own Insurance As An
Alternative To The Claim Against The At Fault Driver?
In Connecticut, that is not available. It is available
to a person who was injured by somebody else at fault
where the driver of the car does not have any insurance
or has less liability insurance than the uninsured
motorist that has hit them.
What Should You Proceed Against If The Person Who Hits You
Has No Insurance?
When the person who hits you has no insurance, you have
a right to proceed against your own policy under the
uninsured motorist provision of your policy.
In Connecticut, you absolutely have to have a minimum of
$20,000 per person or $40,000 per accident. In other
words, if one person in the car is injured, they can
collect up to $20,000 against this part of the policy. If
there are two or more people, then the total in claims that
can be paid out is $40,000.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 41
This is a very unusual notion. You actually do collect
against your own insurance policy. This claim does not
generally affect your own rates because you were not
liable. It is a policy that your carrier has to provide a
minimum to, but you can buy at least up to your own
liability limits, and there are ways that can be increased.
What Happens If The Other Driver Is Underinsured?
If the person who is at fault has limited liability
coverage and you have a lot
more, then you have to
proceed to collect the entire
coverage the at-fault party has,
before you can proceed against
your own. Your own carrier
gets a credit for the amount that you received from the
policy of the at-fault person.
They are then responsible if your claim is large enough,
up to the maximum of the underinsured motorist
part of your policy.
Many people think that because the person that hit
them had no insurance or limited insurance, there is
no reason to proceed, but there is.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 42
HIRING A PERSONAL INJURY ATTORNEY
AFTER AN AUTO ACCIDENT
If you are injured in an auto
accident, you should
contact a competent
personal injury attorney
right away. Never think
that self-representation is
a good idea or that insurance will handle everything.
This is explained below:
Won’t Insurance Handle Everything?
When talking about insurance in auto accidents, we are
talking about the insurance of the at-fault driver.
That insurance company will approach any accident
in a manner that limits the amount of money that they
need to pay on the claim.
In other words, their goal is to minimize the things that
their driver did wrong and to somehow create a
factual pattern that the person bringing the claim has
done something wrong, or that the injury of the
person who was hurt by the at-fault driver are not as great
as they really are.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 43
Also, insurance companies will sometimes confuse the
past histories of individuals. For example, if they had a
preexisting injury to their back, as many people have, or
some other body part, they will get the injured party to
describe it as the same injury they had before and that it
was really the earlier injury that caused the problem that
they are now having, not the car accident.
In general, people are naïve and think that the adjusters
that are calling them have the injured person’s interests in
mind but in reality, they do not. The insurance adjuster’s
goal is to limit their exposure on any accident in any way
that they can legitimately limit it. Most individuals that
have been hurt have never had an experience with an
insurance adjuster and can easily fall prey to them.
Can You Handle It On Your Own?
The answer is yes, you can, but you should not. This is
true even of a lawyer who has been injured. There is a rule
of thumb for lawyers that a lawyer who represents himself
has a fool for a client. Having said that, there are even
stronger words that should be said about a person who is
not a lawyer trying to deal with the professionals of the
insurance companies in handling their own claim.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 44
There is information that having a lawyer handle
your claim can generate three to five times, if not more
money than you would have received from the insurance
carrier on your own. The answer is you can handle it,
but the chances of you receiving what your harms
and losses are as a result of the accident or your just
damages is remote, and if you receive anything, it is
a fraction of what it is that you are entitled to.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 45
EXPERIENCE OF BEEBE & O’NEIL IN
HANDLING AUTO ACCIDENT CASES
The most obvious thing you should look for in an
attorney is experience in a particular area. The office of
Beebe & O’Neil has been practicing for forty years in the
auto accident arena. This is done after Attorney Don
Beebe received his Bachelor’s Degree from
Harvard University and his law degree from the
University of Virginia Law School.
His son, Daniel Beebe, who has been practicing for eight
years, has also been
handling auto accident
cases after graduating
from Harvard University
and William and Mary
School of Law. Together,
they make it a practice to attend all of the current
seminars on auto accident litigation, even though they
have vast experience in that area.
They are also known as people who really try cases. It is
important that the person who is injured knows that the
attorneys that they are retaining to handle their injury are
attorneys who will actually try cases.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 46
Everyone thinks that lawyers try cases; many do not.
Some will start to try a case,
but never take it to conclusion.
The insurance companies
generally know who the
lawyers are that try cases
versus those who do not. The
judges that handle and settle cases also know this. It
should become clear to you that you need to have an
attorney who is known, experienced, well-educated, and
has the capacity to try your case if necessary.
It is important to listen to ads that lawyers put on
television or the radio, but the best way to find a lawyer is
to find out their experience and their ability to
handle your matters. The fact that a lawyer or group
of lawyer is spending a lot of money on advertising
does not make them the best.
Moreover, many of the services that designate
lawyers as being great are services that don’t just get that
designation because the lawyers pay for it. The reality is
that the people who get the most money for their
clients are people who are spending their time
representing the people who have been injured, and not
tooting their own horn, so to speak.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 47
What Should You Avoid When Looking For An Attorney?
The things you watch out for are lawyers that claim in the
ad that they have collected huge amounts of money. What
exactly does that mean to anybody, other than the fact
that there is a large number in the ad?
Also watch out for attorneys that tell you that your injury
is worth a huge amount of money before you are done
treating and before you even know what the real
consequence is to you. If you are not getting
information about what witnesses have said and you
have not seen pictures from the scene of the accident,
it is not a good sign.
Crash tests may have to be done. Accident
reconstructionists may need to be hired. That
should be a warning sign that your claim may not be
developed or that you will be settling the case for less than
your case is worth because the insurance company
knows that you do not have everything that you need to
really prove what needs to be proven or that there may be
weaknesses in your proof.
What Sets The Law Firm Of Beebe & O’Neil Apart In Handling
Auto Accident Cases?
It has to do with the fact that Don Beebe himself has had
over 40 years of experience and his son, Daniel, has had
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 48
approximately 8 years of experience. Together, they have
48 years of experience in this area of law. They have
handled a huge number of cases and all phases of those
cases. They really care about the person and how the
injury affects that person.
They do what is necessary right away to gather what
evidence and information that they know is necessary to
preserve the claim. They spend a great deal of time
educating the individual on what he or she needs to
do so that he or she can be properly treated and get well.
In the case if he or she doesn’t get well then to have the
medical documentation necessary to receive the type of
money that they deserve and are entitled to because
somebody hurt them.
Beebe & O’Neil are also a family firm. Don Beebe is
married to Nancy O’Neil of Beebe & O’Neil, that’s his wife
of 42 years. She handles another area of practice. Their
son Daniel, practices with Don.
They work as a team and they have access to each other in
ways that the average law firm does not have because
there is a personal connection between all of them. They
believe that the effects of an injury are personal in nature
and it is those things that are most precious to them, the
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 49
personal sides of their lives. These need to be
compensated along with the economic losses,
medical bills, lost wages, and other things expended to
take care of an injured person.
They are extremely bright; Daniel & Don both went to
Harvard University. They
continue their education
through Connecticut Trial
Lawyers Association seminars
and other seminars to remain
at the cutting edge of the auto
accident lawsuits. Their goal is
to maximize money that their clients receive so that they
can recoup that which they have lost at the hands of those
whom have injured them.
© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 50
DISCLAIMER
This publication is intended to be informational only. The information in this book is not intended as legal advice. No legal advice is being given, and no attorney-client relationship is intended to be created by reading this material. If you are facing legal issues, whether criminal or civil, seek professional legal counsel to get your questions answered.
Law Office Of Beebe & O’Neil
PO Box 6002
335 Washington Street
Norwich, CT 06360
(860) 889-5266
www.newlondoncountypersonalinjurylawyers.com