A automotive insurance coverage deductible is the quantity the policyholder should pay out-of-pocket earlier than their insurance coverage protection kicks in to pay for repairs or different bills associated to a lined accident. For instance, if a policyholder has a $500 deductible and sustains $2,000 in damages, they’re answerable for the primary $500, and the insurance coverage firm covers the remaining $1,500. Figuring out monetary duty for this preliminary value usually will depend on numerous components, together with state legal guidelines, the kind of insurance coverage protection held, and fault dedication.
Understanding how deductibles perform and who bears the preliminary monetary burden in a automotive accident is essential for drivers. This data permits for knowledgeable choices about insurance coverage protection and monetary preparedness in case of an accident. Traditionally, the idea of deductibles has served as a risk-sharing mechanism between the insured and the insurer, influencing the affordability and availability of protection. A transparent comprehension of those rules empowers people to navigate the complexities of auto insurance coverage extra successfully.
This text will delve into the nuances of deductible duty in automotive accidents, exploring the completely different eventualities that decide who pays. Matters lined embrace at-fault and no-fault insurance coverage methods, the position of uninsured or underinsured motorist protection, and the method of resolving disputes associated to fault dedication. It can additionally present sensible steerage for drivers concerned in accidents, providing recommendation on documenting the incident, speaking with insurance coverage firms, and defending one’s monetary pursuits.
1. Fault Willpower
Fault dedication performs a vital position in establishing monetary duty, together with deductible fee, after a automotive accident. In areas working beneath at-fault methods, the motive force deemed at fault is mostly held answerable for damages incurred by different events. This duty usually extends to overlaying the opposite driver’s deductible. Conversely, the not-at-fault driver usually information a declare with their very own insurance coverage firm, which then seeks reimbursement from the at-fault driver’s insurer, together with the deductible paid. For instance, if Driver A is deemed at fault for colliding with Driver B, Driver A’s insurance coverage is often anticipated to cowl Driver B’s damages, together with any deductible Driver B paid. Nonetheless, the precise particulars can differ primarily based on coverage limits and state laws. Trigger and impact are immediately linked: the dedication of fault immediately impacts which occasion’s insurance coverage is primarily answerable for overlaying bills.
The significance of fault dedication as a part of deductible fee underscores the necessity for correct accident reporting and investigation. Proof gathered on the scene, witness testimonies, and police studies contribute considerably to establishing fault. Insurance coverage firms conduct their very own investigations to confirm info and assess legal responsibility. In conditions the place fault is unclear or disputed, the method can develop into extra complicated, probably involving authorized proceedings. For example, if each drivers share a point of duty, the dedication of fault could be apportioned, influencing how the deductible is dealt with. Sensible implications come up when fault is tough to find out, resulting in potential delays in declare settlements and disputes between insurance coverage firms.
Correct and well timed fault dedication is crucial for environment friendly claims processing and truthful allocation of economic duty. Whereas the method might be easy in clear-cut instances, complexities come up when fault is shared or disputed. An intensive understanding of fault dedication processes empowers people concerned in accidents to navigate the claims course of successfully and defend their monetary pursuits. This understanding additionally highlights the significance of sustaining ample insurance coverage protection to mitigate potential monetary dangers, no matter fault. The potential for authorized challenges additional emphasizes the necessity for clear documentation and communication all through the method.
2. State Legal guidelines
State legal guidelines considerably affect how monetary duty, together with deductible fee, is decided after a automotive accident. A main distinction lies between at-fault and no-fault methods. At-fault states typically maintain the motive force deemed at fault answerable for overlaying the opposite occasion’s damages, which regularly contains the deductible. In distinction, no-fault states require every driver to file a declare with their very own insurance coverage firm, no matter fault, to cowl preliminary bills as much as a sure restrict. This implies drivers usually pay their very own deductible initially, even when not at fault. For example, in a no-fault state, if Driver A is injured in an accident attributable to Driver B, Driver A would initially use their very own Private Harm Safety (PIP) protection to pay for medical bills, assembly their deductible earlier than protection applies. The significance of state legal guidelines as a part of deductible fee stems from their direct influence on which insurer bears the preliminary monetary burden. This distinction influences how drivers ought to method insurance coverage claims and handle monetary expectations after an accident.
Variations inside at-fault methods additional complicate the matter. Some states make use of modified comparative negligence guidelines, the place a driver’s compensation is diminished if they’re discovered partially at fault. This may influence deductible restoration, because the at-fault driver would possibly solely be answerable for a proportion of the opposite driver’s deductible equivalent to their diploma of fault. For instance, if Driver A is discovered 70% at fault and Driver B is 30% at fault, Driver As insurance coverage would possibly solely cowl 70% of Driver Bs deductible. These variations spotlight the significance of understanding particular state laws when figuring out monetary duty after an accident. Sensible implications emerge when contemplating interstate accidents. If an accident happens in a state completely different from the place the motive force’s coverage was issued, the legal guidelines of the accident’s location typically apply, which might create complexities in figuring out protection and deductible duty.
Comprehending relevant state legal guidelines is essential for navigating post-accident procedures successfully. This understanding empowers drivers to make knowledgeable choices relating to insurance coverage protection choice and perceive potential monetary obligations within the occasion of an accident. The complexity of interacting state legal guidelines underscores the necessity for drivers to overview their coverage particulars and seek the advice of with authorized professionals if obligatory. Challenges come up when accidents contain drivers from completely different states, requiring cautious consideration of the related jurisdictions legal guidelines. This reinforces the significance of sustaining complete insurance coverage protection to mitigate potential monetary dangers no matter the place an accident happens.
3. Insurance coverage Coverage Sort
The kind of insurance coverage coverage held considerably influences who bears the preliminary monetary burden of a deductible after a automotive accident. Totally different insurance policies supply various ranges of protection and dictate how deductibles apply in numerous eventualities. Understanding the nuances of those coverage varieties is crucial for drivers in search of to handle their monetary danger successfully.
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Collision Protection
Collision protection pays for repairs to a policyholder’s car following a collision, no matter fault. The policyholder’s collision deductible applies in these conditions. For instance, if a driver hits a tree, their collision protection would pay for repairs after the deductible is met. Even when one other driver induced the accident, the policyholder’s collision protection and deductible are usually used first, although reimbursement could also be pursued from the at-fault driver’s insurance coverage firm. The presence and quantity of collision protection immediately influence a driver’s out-of-pocket bills after an accident.
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Complete Protection
Complete protection protects in opposition to non-collision incidents, akin to theft, vandalism, or weather-related injury. Just like collision protection, the policyholder’s complete deductible applies when submitting a declare beneath this protection. For example, if a automotive is broken by hail, the excellent protection would cowl repairs after the deductible is met. Complete protection doesn’t usually work together with different drivers’ insurance coverage, because it covers occasions unrelated to collisions with different autos. The extent of complete protection chosen influences a driver’s monetary publicity to non-collision occasions.
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Uninsured/Underinsured Motorist Protection
Uninsured/underinsured motorist protection protects drivers when an accident is attributable to somebody with out adequate insurance coverage or no insurance coverage in any respect. In these conditions, the policyholder’s uninsured/underinsured motorist deductible applies. For instance, if an uninsured driver causes an accident, the injured occasion’s uninsured motorist protection would cowl the damages, after the deductible is met. This protection is essential for shielding drivers from monetary hardship when at-fault drivers lack ample insurance coverage. The quantity of uninsured/underinsured motorist protection chosen immediately impacts the extent of economic safety accessible in these eventualities.
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Private Harm Safety (PIP)
Accessible in no-fault states, PIP covers medical bills and misplaced wages for the policyholder and their passengers, no matter fault. The policyholders PIP deductible applies earlier than protection advantages are paid. For instance, if a driver is injured in an accident in a no-fault state, their PIP protection would pay for medical payments after their deductible is met. PIP protection ensures immediate medical consideration after an accident, no matter fault dedication. The presence and specifics of PIP protection can differ considerably by state and coverage.
The assorted coverage varieties and their related deductibles work together in complicated methods to find out who pays what after a automotive accident. The presence or absence of sure protection varieties and the precise deductible quantities chosen considerably affect the monetary end result for all events concerned. Understanding these complexities permits drivers to pick out applicable protection ranges to handle their monetary danger successfully.
4. Protection Particulars
Protection particulars inside a automotive insurance coverage coverage play a pivotal position in figuring out deductible duty after an accident. Particular clauses and limits inside a coverage can considerably influence which occasion bears the preliminary monetary burden. Understanding these particulars is essential for navigating the complexities of insurance coverage claims and managing monetary expectations.
One key facet is the coverage’s restrict of legal responsibility. This restrict represents the utmost quantity the insurance coverage firm can pay for damages attributable to the policyholder. If the damages exceed the coverage restrict, the policyholder could also be personally answerable for the surplus quantity, which might embrace one other occasion’s deductible not lined by the at-fault driver’s coverage. For instance, if Driver A has a $50,000 legal responsibility restrict and causes $75,000 in damages to Driver B, together with a $1,000 deductible, Driver A could be personally accountable for the remaining $25,000, which might embrace Driver B’s unpaid deductible. This underscores the significance of carrying ample legal responsibility protection to guard in opposition to potential monetary publicity.
Deductible quantities specified within the coverage additionally immediately affect out-of-pocket bills. Policyholders can usually select completely different deductible quantities for numerous protection varieties, akin to collision and complete. The next deductible usually ends in decrease premiums however will increase the policyholder’s preliminary monetary burden within the occasion of a declare. Conversely, a decrease deductible results in larger premiums however reduces the instant out-of-pocket expense after an accident. For example, if a driver has a $1,000 collision deductible and sustains $3,000 in damages, they might pay the $1,000 deductible, and the insurance coverage would cowl the remaining $2,000. Selecting an applicable deductible entails balancing premium prices with the power to cowl the deductible in case of an accident.
Particular clauses throughout the coverage, akin to these associated to rental automotive reimbursement or towing protection, can additional affect the monetary implications of an accident. These clauses usually have their very own deductibles or limits, impacting the policyholder’s out-of-pocket bills. Thorough overview of coverage particulars is crucial for understanding the complete scope of protection and related prices. For example, a rental automotive reimbursement clause would possibly cowl a rental automotive for a specified interval whereas the insured car is being repaired, topic to a each day or whole restrict. The presence and particulars of such protection might be essential for managing transportation wants after an accident and understanding related prices. Cautious consideration of those protection particulars permits drivers to pick out insurance coverage insurance policies aligned with their danger tolerance and monetary capability.
5. Uninsured Drivers
Accidents involving uninsured drivers current distinctive challenges relating to deductible duty. When an uninsured driver is at fault, the injured occasion’s choices for recovering bills, together with their deductible, develop into extra complicated. This situation underscores the significance of carrying ample uninsured motorist protection.
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Uninsured Motorist Property Harm (UMPD) Protection
UMPD protection is designed to cowl damages to the insured’s car attributable to an uninsured driver. This protection usually features a deductible, which the insured should pay earlier than the protection applies. For instance, if an uninsured driver damages a car leading to $4,000 in repairs and the insured has a $500 UMPD deductible, the insured can be answerable for the $500 deductible, and UMPD protection would cowl the remaining $3,500. Not all states require UMPD protection, and drivers in states the place it’s optionally available ought to rigorously take into account the potential monetary implications of forgoing this protection.
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Uninsured Motorist Bodily Harm (UMBI) Protection
UMBI protection addresses medical bills and misplaced wages ensuing from accidents sustained in an accident attributable to an uninsured driver. This protection additionally usually features a deductible. For instance, if a person incurs $10,000 in medical payments resulting from accidents attributable to an uninsured driver and has a $1,000 UMBI deductible, they might be answerable for the $1,000 deductible earlier than protection applies to the remaining $9,000. UMBI protection is crucial for shielding people from the doubtless devastating monetary penalties of accidents involving uninsured drivers.
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Impression on Deductible Restoration
Recovering a deductible after an accident involving an uninsured driver might be tough. In contrast to conditions the place an insured at-fault driver is accountable, pursuing reimbursement from an uninsured particular person might be legally complicated and sometimes unsuccessful as a result of uninsured driver’s lack of economic assets. This highlights the vital position of uninsured motorist protection in defending insured drivers from bearing the complete monetary burden of accidents attributable to uninsured drivers. In some instances, authorized motion could be obligatory to try restoration, however success just isn’t assured. Subsequently, ample UM protection serves as a vital monetary security internet.
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State-Particular Rules Relating to Uninsured Drivers
State legal guidelines differ considerably relating to uninsured drivers, impacting how deductible restoration and claims processes are dealt with. Some states have uninsured motorist funds that will present some compensation, whereas others place main duty on the injured occasion’s insurance coverage. Understanding these state-specific laws is essential for drivers navigating the complexities of accidents involving uninsured motorists. For instance, some states require uninsured motorist protection, whereas others make it optionally available. These variations underscore the necessity for drivers to familiarize themselves with their state’s particular laws relating to uninsured motorists to know their rights and obligations in such conditions.
Accidents involving uninsured drivers current distinct monetary challenges. The shortcoming to recuperate deductibles from at-fault uninsured drivers underscores the vital significance of sustaining ample uninsured motorist protection. Understanding state-specific laws associated to uninsured motorists and the precise particulars of 1’s insurance coverage coverage is paramount for shielding private funds in these conditions. The potential monetary burden ensuing from accidents involving uninsured drivers reinforces the worth of complete insurance coverage protection and proactive danger administration methods.
6. Dispute Decision
Dispute decision processes usually develop into obligatory when figuring out fault and, consequently, deductible duty after a automotive accident. Disagreements can come up between concerned events relating to the sequence of occasions, the task of fault, or the extent of damages. These disputes can considerably influence which occasion is finally answerable for overlaying deductibles and different bills. Resolving such disputes effectively and pretty is essential for a well timed claims course of and equitable allocation of economic burdens.
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Mediation
Mediation entails a impartial third occasion facilitating communication and negotiation between disputing events. Within the context of automotive accidents, mediation might help resolve disagreements relating to fault dedication, probably influencing which driver’s insurance coverage covers the deductible. For example, if two drivers disagree about who induced an intersection collision, a mediator might help them discover views and attain a mutually acceptable settlement on fault allocation, which then clarifies deductible duty. Mediation gives a much less adversarial method in comparison with litigation, probably resulting in quicker and less expensive resolutions.
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Arbitration
Arbitration entails submitting the dispute to a impartial arbitrator who makes a binding determination. In automotive accident instances, arbitration can decide fault and, consequently, which occasion is answerable for overlaying deductibles. For instance, if insurance coverage firms disagree about which driver’s coverage ought to cowl damages, they may comply with submit the case to an arbitrator whose determination can be ultimate and binding. Arbitration might be extra environment friendly and fewer formal than court docket proceedings, providing a streamlined path to dispute decision.
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Litigation
Litigation entails submitting a lawsuit and presenting the case earlier than a court docket. This course of is commonly extra complicated, time-consuming, and costly than mediation or arbitration. In disputes associated to automotive accidents, litigation would possibly develop into obligatory when different dispute decision strategies fail to achieve a passable end result. For example, if a driver believes one other occasion is falsely claiming they’re at fault to keep away from paying the deductible, litigation could be the one recourse to ascertain fault precisely and guarantee correct monetary duty. Litigation can present a proper authorized framework for resolving complicated disputes, however its adversarial nature can lengthen the method and enhance prices.
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Negotiation between Insurance coverage Corporations
Typically, disputes relating to fault and deductible duty are dealt with immediately between the concerned insurance coverage firms. Negotiations can contain presenting proof, reviewing coverage particulars, and reaching a settlement settlement. For instance, if one insurance coverage firm believes their policyholder just isn’t at fault, they may negotiate with the opposite driver’s insurance coverage firm to achieve a compromise relating to the allocation of damages and deductible duty. Profitable negotiation can keep away from the necessity for extra formal dispute decision processes, facilitating a faster claims settlement.
The assorted dispute decision strategies accessible supply distinct approaches to resolving disagreements relating to fault and deductible duty after a automotive accident. Selecting the suitable technique will depend on the precise circumstances of the dispute, the willingness of the concerned events to cooperate, and the complexity of the problems concerned. Efficient dispute decision can considerably influence the effectivity of the claims course of and the ultimate dedication of who bears the monetary burden of deductibles and different accident-related bills. Failure to resolve disputes effectively can result in delays in declare settlements, elevated prices, and protracted authorized battles, additional complicating the aftermath of a automotive accident.
7. Negotiated Settlements
Negotiated settlements usually play a major position in figuring out deductible duty after a automotive accident, particularly when fault is unclear or disputed. These settlements, usually reached between concerned events or their insurance coverage firms, can set up agreed-upon proportions of fault and, consequently, the allocation of economic burdens, together with deductibles. A negotiated settlement would possibly stipulate that every driver bears a proportion of the damages, influencing how deductibles are dealt with. For instance, if a settlement assigns 60% fault to Driver A and 40% to Driver B, Driver A’s insurance coverage would possibly cowl 60% of Driver B’s deductible, and Driver B’s insurance coverage would possibly cowl 40% of Driver A’s deductible. The presence of a negotiated settlement immediately impacts which occasion and to what extent every is answerable for deductible funds, providing a mechanism for resolving disputes exterior of formal authorized proceedings. This highlights the significance of negotiated settlements as a part of figuring out monetary duty, providing a probably quicker and less expensive various to litigation.
Sensible implications of negotiated settlements come up in numerous accident eventualities. In instances of shared fault, the place each drivers contribute to the accident, a negotiated settlement can present a framework for apportioning damages and deductible duty. For example, if one driver fails to yield and the opposite driver is rushing, a settlement would possibly assign a proportion of fault to every driver, reflecting their contribution to the accident. This may result in a extra equitable distribution of prices, together with deductibles, in comparison with a strict at-fault dedication. Moreover, negotiated settlements can deal with conditions the place figuring out exact fault proves tough, akin to multi-vehicle collisions or accidents with restricted proof. By reaching an settlement, events can keep away from protracted authorized battles and obtain a extra well timed decision, even when the agreed-upon fault allocation does not completely align with every occasion’s preliminary notion of the accident. The flexibleness provided by negotiated settlements permits for a practical method to resolving complicated accident eventualities, facilitating a extra environment friendly claims course of.
Negotiated settlements present a vital mechanism for resolving disputes associated to automotive accidents and clarifying deductible duty, notably when fault is contested or shared. Their capability to allocate monetary burdens proportionally, supply flexibility in complicated eventualities, and expedite the claims course of underscores their significance in figuring out who pays what after an accident. Nonetheless, it is essential to acknowledge that negotiated settlements usually contain compromise, and the agreed-upon phrases won’t totally replicate every occasion’s preliminary place. Navigating these negotiations successfully requires cautious consideration of coverage particulars, potential authorized ramifications, and the long-term monetary implications of the settlement phrases. Understanding the position and implications of negotiated settlements empowers drivers to guard their monetary pursuits and obtain a good decision after a automotive accident.
Ceaselessly Requested Questions
The next addresses frequent questions relating to automotive insurance coverage deductible duty after an accident. Understanding these factors can make clear probably complicated elements of the claims course of.
Query 1: If one other driver is at fault, am I answerable for my deductible?
In at-fault states, the at-fault driver’s insurance coverage is often answerable for overlaying the opposite occasion’s damages, together with the deductible. Nonetheless, the method usually entails the not-at-fault driver paying their deductible upfront after which being reimbursed by the at-fault driver’s insurer. In no-fault states, drivers usually pay their very own deductible initially, no matter fault.
Query 2: What occurs if the at-fault driver is uninsured?
If the at-fault driver is uninsured, uninsured motorist property injury (UMPD) protection, if carried, could cowl damages to at least one’s car after the deductible is met. Recovering the deductible immediately from an uninsured driver might be difficult and sometimes unsuccessful.
Query 3: How is fault decided after an accident?
Fault is decided primarily based on numerous components, together with police studies, witness testimonies, proof gathered on the scene, and insurance coverage firm investigations. State legal guidelines relating to negligence and right-of-way additionally play a job.
Query 4: What if I disagree with the insurance coverage firm’s dedication of fault?
Dispute decision choices embrace mediation, arbitration, and litigation. Negotiation immediately with the insurance coverage firm can also be a standard method to resolving disagreements relating to fault.
Query 5: Does the kind of insurance coverage coverage have an effect on deductible duty?
Sure, completely different coverage varieties, akin to collision, complete, and uninsured/underinsured motorist protection, have particular provisions relating to deductibles and the way they apply in numerous accident eventualities.
Query 6: How can I reduce my monetary burden after an accident?
Sustaining ample insurance coverage protection, together with uninsured/underinsured motorist protection, is essential. Documenting the accident completely and understanding state legal guidelines and coverage particulars may assist defend monetary pursuits.
Cautious consideration of those ceaselessly requested questions gives priceless insights into managing monetary obligations after a automotive accident. A transparent understanding of coverage particulars, state legal guidelines, and accessible dispute decision choices empowers people to navigate the complexities of the claims course of successfully.
This info gives a normal overview. Consulting with an insurance coverage skilled or authorized professional is advisable for particular steerage relating to particular person circumstances.
Suggestions for Navigating Deductible Accountability After a Automobile Accident
Navigating the complexities of insurance coverage claims and deductible duty after a automotive accident might be difficult. The next suggestions supply sensible steerage for managing this course of successfully.
Tip 1: Doc the Accident Scene Totally
Collect as a lot info as potential on the accident scene. This contains images of auto injury, the accident location, and figuring out info of all concerned events and autos. Receive contact info from witnesses. Detailed documentation can show invaluable through the claims course of and subsequent dispute decision, if obligatory.
Tip 2: Overview Insurance coverage Coverage Particulars Fastidiously
Familiarization with one’s personal insurance coverage coverage is essential. Understanding protection varieties, limits, and deductible quantities helps handle expectations relating to monetary duty after an accident. Coverage overview ought to happen earlier than an incident, not after.
Tip 3: Contact Insurance coverage Firm Promptly
Well timed reporting of accidents to the insurance coverage firm is crucial. Immediate reporting initiates the claims course of effectively, guaranteeing well timed entry to advantages and facilitating the investigation whereas proof is contemporary. Delayed reporting can typically complicate the claims course of.
Tip 4: Perceive State-Particular Legal guidelines and Rules
State legal guidelines considerably influence how fault is decided and the way monetary duty is assigned. Consciousness of relevant state laws relating to at-fault versus no-fault methods, comparative negligence, and uninsured motorist protection is crucial for navigating the claims course of successfully.
Tip 5: Search Authorized Counsel When Crucial
Complicated accident eventualities or disputes relating to fault would possibly necessitate authorized session. An legal professional specializing in automotive accidents can present steerage on navigating authorized complexities, defending rights, and pursuing applicable authorized motion, if warranted.
Tip 6: Preserve Correct Data of All Communication and Bills
Holding detailed information of all communication with insurance coverage firms, restore outlets, and different concerned events is essential. This contains documenting dates, instances, and the content material of conversations, in addition to retaining receipts for all accident-related bills, akin to repairs, medical payments, and towing fees.
Tip 7: Contemplate Dispute Decision Choices Fastidiously
If disagreements come up relating to fault or deductible duty, discover accessible dispute decision strategies, together with mediation, arbitration, or litigation. Every technique gives distinct benefits and drawbacks relating to value, time, and ritual. Selecting the suitable technique will depend on the precise circumstances of the dispute.
Tip 8: Do not Admit Fault on the Scene
Even when one believes they could be at fault, it is advisable to keep away from admitting fault on the accident scene. Fault dedication is a fancy course of involving numerous components. Depart this dedication to the insurance coverage firms and, if obligatory, the authorized system.
Following the following pointers can considerably simplify navigating insurance coverage claims, managing monetary obligations, and defending one’s pursuits after a automotive accident. These proactive steps might help facilitate a smoother claims course of and a extra equitable end result.
By understanding deductible duty and using these sensible methods, people can method the aftermath of a automotive accident with higher confidence and management. This data facilitates knowledgeable decision-making and helps mitigate potential monetary burdens.
Conclusion
Figuring out monetary duty for deductibles after a automotive accident entails a fancy interaction of things. State legal guidelines, insurance coverage coverage specifics, and fault dedication all contribute considerably to this course of. Navigating no-fault and at-fault methods requires a nuanced understanding of relevant laws. Coverage particulars, together with protection varieties and limits, additional affect deductible obligations. Uninsured or underinsured drivers current distinctive challenges, underscoring the significance of ample protection. Disputes relating to fault usually necessitate negotiation, mediation, arbitration, and even litigation. Negotiated settlements supply another path to decision, usually involving compromise and shared duty.
Cautious consideration of those parts is essential for anybody working a motorcar. Proactive steps, akin to reviewing coverage particulars, understanding state legal guidelines, and documenting accidents completely, can considerably ease the burden of navigating monetary obligations after a collision. In the end, knowledgeable decision-making and complete insurance coverage protection are important for mitigating potential monetary dangers and guaranteeing a good decision within the aftermath of a automotive accident.