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Car accidents can be a big hassle and an unnecessary source of stress. They can feel even worse when the outcome is completely out of your control, such as an accident occurring while you’re parked.
If you would like to seek compensation for damages from an accident caused by a truck, continue below to learn how to start filing your personal injury claim today.
If you park your vehicle, you don’t expect it to fall victim to any damage. However, there are thousands of legally parked vehicles that are hit and damaged every year.
If your parked car was hit by a vehicle, you may want to file a personal injury claim to recover compensation for the damages that you suffered in the accident.
Your car will need to be repaired, and if damages are severe and it is rendered inoperable, you will also have a tow bill and the cost of a rental car. You will want the company responsible and their insurer to cover all those associated expenses. You will need supporting evidence when you file your claim, so here are a few tips for getting a claim underway.
FedEx Hit My Car, Who Do I Call?
If a FedEx, or any kind of truck hits your parked car, the first thing that you should consider is filing a claim for any damages. It is wise to consult with a personal injury attorney
You should then notify the police, even if the damage is minor. Having the police accident report can be very valuable to the insurance companies.
When the police are present, make sure to not blame or admit any fault, so that they can objectify observe the situation. If a truck hits your parked, make sure to take down information from the driver of the truck. That should include driver's license, license plate, insurance information and the make and model of the truck.
Physical Evidence is the key to any personal injury claim. If a truck hits your parked car, you should document the scene, which includes taking photographs of the accident and damage to the car. If there are any eyewitnesses, make sure that you get their statements.
Evidence For Your Personal Injury Claim
If a vehicle has hit your parked car, you will need to provide supporting evidence. There are several different kinds of evidence that you can use to back up your claim. If your car has been hit, you should take photos of the accident scene and of the damages that your vehicles suffered.
Check the area to see if there are any witnesses. Ask any witnesses to provide written statements regarding what they saw. Get the name of any witnesses and the contact details for any witnesses.
Check to see if there are surveillance cameras in the area which may have caught the entire incident on video. If so, your personal injury attorney can subpoena any video through the Freedom of Information Act to use as evidence in your claim.
You will need to take your vehicle to a qualified automotive repair facility to get a written estimate for fixing the damages. You will need to be able to put a dollar amount on your losses to pursue compensation for your damages. You will also want to know how long your vehicle will be inoperable and being repaired, so you can get an estimate for a comparable rental vehicle while your car is in the shop.
So, here is a rundown of supporting evidence that can help you with a claim after a vehicle hits your parked car:
- Accident report
- Photos of the accident scene and damages
- Surveillance video, if available
- Witness statements
- Repair estimates
- Towing bill – if applicable
- Rental car receipts
How To Prove Negligence
To have a successful personal injury claim after a vehicle has hit your parked car, you will have to show that the accident was the result of negligence. All four elements of negligence must be proven as they apply to your situation. Here is an example scenario of how negligence can be proven if your parked car was hit by a truck:
- First, you must show that a company owes you a duty or a responsibility. In this case, they owe everyone a duty or a responsibility to drive safely and adhere to traffic laws to avoid an accident and to prevent damages.
- Next, you must show that the duty was breached. In this case, if they had been abiding by traffic laws, your vehicle wouldn’t have been hit. For example, they failed to maintain control of the truck, or they were driving while distracted.
- The third element is showing that the breach of duty caused the accident in question.
- Then the fourth element is showing that the damages you claimed are the direct result of the accident that was caused by the driver’s breach of duty.
You will need to provide supporting documentation, including witness statements, photos, and repair estimates. You must be able to back up your claim and show them in the demand letter that you mean business and that you have the supporting evidence that you need to show the severity of your damages and that a company is liable for your losses.
Determining If FedEx Is At Fault
Before beginning the claims process, it is important to understand eligibility. In order to file a claim, a claimant (you) must be able to prove that the accident was the result of the other party’s negligence.
By proving negligence, the fault is placed on the other party and you are eligible to file a claim. In this case, you will most likely be filing a claim against the company rather than the driver.
For example: say you pulled into your home along the front sidewalk and parked. As you were gathering your things from the back seat, a vehicle approached too quickly for a delivery and collided with the back of your vehicle. In this case, you could file a claim. However, if the accident was caused by a faulty parking job or by parking in a “no parking” zone, you may not be eligible to file.
If you are unsure whether or not your accident qualifies, it may be wise to consult with an attorney to further analyze your case.
Assessing Injuries and Damages
If your case is eligible for a claim, then the next step is determining what you will need compensation for. Anything from physical injuries to vehicle damage to lost wages can be cited for compensation. Examples include:
- medical attention for whiplash caused from the accident
- body repair necessary for the area impacted by the truck (side mirror, bumper, windows, hood, etc.)
- internal mechanical replacements/fixes for damage resulting from the impact
Providing photographs of the accident area, the car before/after the crash, and any injuries you incurred are also helpful pieces of evidence. A good rule of thumb is to always get more than you need — the more you provide, the more likely your claim will result in proper compensation.
Auto Claims
In the best of circumstances, filing an auto insurance claim can be a frustrating process. When an auto collision involves a FedEx driver or any commercial driver, the insurance claim process can turn into a prolonged battle with the company’s insurance company.
This is because commercial drivers can either be employees or independent contractors. Auto claims can become complex when an accident involves an independent contractor.
In addition to the issues you have when involved in a car accident with an independent contractor, you also have to deal with the company’s strong defense of its drivers.
Filing an Auto Claim
Auto claims should include a copy of the official police report of the incident. Although not all car accidents require the presence of law enforcement, the ones with a commercial driver should involve the police.
Because FedEx aggressively defends its drivers, submitting a copy of the formal police report might persuade the company to settle your claim. The name and contact information of the driver should be included in the police report.
Submitting physical evidence is the key element to filing a successful insurance claim against the company. The official police report should contain the evidence found at the scene of the accident.
However, you should take photos of the accident scene to support law enforcement’s version of events. Images of the accident scene and the damage done to your vehicle should provide the company’s insurance company with convincing physical evidence.
With the help of a personal injury lawyer, you can submit an auto claim that compensates you for your injuries.
Beginning the Process For FedEx Car Accident Settlement
When you feel your evidence is ready, you can begin by writing a demand letter to the insurer. This letter should be formally structured, well-written, and include any and all information the company needs to understand why you deserve compensation for your accident.
Car accident demand letters (and the claims process in general) can be very tricky — in fact, small details left out or typos not caught can mean the difference between winning and losing a case.
To be sure your case has the best shot of victory, it is wise to consult with a personal injury attorney. Their experience with preparing and fighting for cases like yours can make all the difference during the claims process.
Before filing a claim for your crash with FedEx, or any other party, consider a free consultation with a personal injury attorney today.
*Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against FedEx or any other party, you may not be entitled to compensation.
