If you have had a car accident that has damaged one or both of your car’s axles, then this is serious. You cannot use your car until the axles are replaced. The cost of replacement on an older vehicle might not even be worth it and it might be cheaper buying another used auto.
Some accidents are much more likely to cause axle damage such as unexpected obstacles on the road surface or the road surface itself. Axle damage is unlikely by itself in a collision with another vehicle.
To obtain compensation, you need to find out who, or what, was to blame for the damage to your axle. It could be a county, state or federal road maintenance department, more likely a county one. It could be a private contractor to blame or it might even be your fault because of the way you were driving.
Filing a Claim with Axle Damage
As already stated, you need to find out whether the damage to your axle was due to negligence on the part of a company or government maintenance department. This might take some research before working out who to file the claim with.
The procedure for filing a claim will depend on whether the axle damage is blamed on a government entity or a commercial one. Claims against government maintenance departments or government employed engineers usually involve a prior notice of claim before a personal injury claim or lawsuit can be filed.
These are usually very prescriptive and there are more limited time limits for government claims. All claims depend on having sufficient evidence of negligence as well as documentation showing what was damaged and how much it has cost you in repair bills and alternative transport coast.
Specific Evidence Needed for Proving Axle Damage
The most likely scenario for axle damage is when you are using a road that hasn’t been maintained properly for some time and you hit a big bump, a hole, or obstruction that should have been cleared away. If you have a cell phone or camera you should take multiple shots of the damage and the road surface or feature that caused the damage.
You will almost certainly have to call for a tow truck to come and collect your vehicle. This could be an opportunity to get a statement on the spot confirming what the tow truck driver sees at the accident site and an opinion about why the accident happened.
It is a good idea to make a note of what signs you did or didn’t see before the accident happened. Negligence must be proved if you are to obtain compensation.
For instance if there was a clear sign posted before you got to the place where the axle was damaged warning about the condition of the road then you may not be able to prove negligence. If there was no warning at all and subsequent investigations show that the road has not been maintained for a long time, then this could help support your case.
Why You Should Work With a PI Lawyer When Filing for Axle Damage
Making a claim for axle damage could to be more difficult than damage to other parts of your car as there probably is no one at the place where the damage was done who was obviously to blame. It could involve doing some research and knowing more about how to make a claim against a government entity.
It might be easier to leave it to a lawyer to deal with. Axle damage repair on a new or expensive model car could be very expensive so there is certainly an incentive in obtaining compensation. Complete the Free Case Evaluation to get your claim looked at by and experienced personal injury attorney!
