A car wreck is often a costly experience. A wreck can cause injuries requiring expensive treatment. Naturally, a crash can also result in property damage.
Have you recently been involved in a crash? You may be eligible for compensation if so.
If yours is one of the many states using the at-fault system for car wrecks and auto insurance, you may pursue compensation by filing a car accident claim with the insurance of the driver who caused the collision. You may file a claim seeking compensation from your own insurance if you live in a no-fault state.
Understanding Car Accident Claims
A winning claim after a car accident may allow you to secure compensation for losses resulting from the crash. There are two common types of car accident claims:
- Personal injury
- Property damage
In an at-fault state, the legal principle of negligence will likely apply to your case. You need to show you were hurt in a wreck because someone was unreasonably careless. If you can show someone caused a crash because they were negligent, you can show they are liable for your losses.
Various parties can play important roles in a car accident claim. Examples include:
- The motorist who caused the wreck
- The insurance company
- Personal injury attorneys
- If you go to court, the attorneys of the defendant
Other parties might play important roles depending on the circumstances. For example, witnesses may participate in your claim if their testimony can help you prove negligence and liability.
Preparing for a Car Accident Claim
Taking the right steps in the immediate aftermath of a motor vehicle wreck can boost your safety and potentially improve your odds of submitting a winning claim. Steps to take right after a crash include:
- Checking yourself for injuries
- Checking your passengers for injuries
- Providing immediate care to any injuries requiring them
- Moving to a safe spot away from oncoming traffic and other hazards
- Ensuring the others involved in the crash don’t need assistance
- Calling 911 to report the crash
- Calmly exchanging contact and insurance information with the other drivers involved in the wreck
- NOT saying anything that might sound like an admission of fault
- NOT saying you’re “fine” or otherwise indicating that your injuries aren’t serious
- Taking pictures of the crash scene from various angles
- Getting the names and contact information of witnesses
- Taking pictures of bruises and other signs of injury
- Seeing a doctor that day, even if you don’t think your injuries are serious
Next, check your insurance policy. It will explain whether you need to report the crash and how to do so. It will also explain coverage.
The Claims Process
The car accident claim process involves the following basic steps:
- Submitting a claim to the insurance company
- Waiting for a claims adjuster to investigate the claim
- Receiving an initial settlement offer from the claims adjuster
- Negotiating for a proper settlement
The insurance company won’t always offer a fair settlement. You can go to trial if necessary in these circumstances.
Strategies for Winning Your Claim
Strategies that improve your odds of receiving the compensation you deserve include:
- Gathering as much evidence as you can to prove liability
- Gathering as much evidence and documentation as you can to illustrate the severity of your injuries and other such losses
- Understanding the laws and regulations in your state, and leveraging them to your advantage
- Keeping detailed records of all expenses related to the crash
Patience can also strengthen your case. If you’re willing to wait for a fair settlement offer, you may receive more money in the long run.
Common Challenges and How to Overcome
Various challenges can arise in a personal injury case of any kind. Examples include the following:
- The insurance company may pressure you to accept a low settlement offer
- The insurance company may argue you haven’t proven fault or liability
- If you go to trial, you may have to navigate the court process, which can include elements like court procedures and deadlines
One of the best ways to address all these challenges is to seek representation. Hiring a lawyer to protect your rights can give you peace of mind and strengthen your case. Many car accident lawyers enter into contingency fee agreements with clients, meaning you don’t have to pay for their services if you don’t receive payment.
Speak With a Personal Injury Attorney
Insurance companies typically don’t want to pay claimants what they deserve. A car accident lawyer may help you level the playing field. Learn more by taking the Free Case Evaluation today to speak with an independent attorney who subscribes to the website.
