Advanced digital technology delivers several benefits that make our lives much easier. For example, the modern Smartphone allows users to send digital text messages that are received in real time. “Meet you at 8 for dinner” has taken on a whole new meaning.
When it comes to driving a motor vehicle, texting has become a pox on drivers that refuse to put their electronic toys down and concentrate of what lies in front of them. The result can be a vehicle accident that can cause one or more people serious injuries.
The answer to the question, “When do I file a claim after an accident with a texting driver” is an easy one to answer. The tougher question is “How do I prove the other driver was actually texting at the time of the crash.”
Filing a Claim
There are few certainties in life, but one of the recently introduced certainties is that a person who texts while driving will be held responsible for causing a car accident. If you endure an auto accident that involves a texting driver, you will have to deal with the other driver’s insurance company.
Car insurance companies are notoriously stingy when it comes to paying out claims, so you have to make sure you present the documentation necessary to expedite your claim with the texting driver’s insurer.
You might need legal representation to negotiate with the texting driver’s insurance company. Your attorney will ask for full payment on the medical bills associated with any crash-related injuries.
Some injuries require extensive treatment and rehabilitation that can last for years and cost your tens of thousands of dollars. Your lawyer will also seek compensation for property damage, as well ad the costs associated with lost wages.
Understanding the Insurance Claim Process
Proving the other driver was texting at the time of the accident can be difficult to do at best. That is, unless you involve law enforcement during the investigation. You will need witnesses that will verify the other driver was texting or law enforcement can acquire video footage of the accident to determine what was going on right before impact.
After obtaining a police report and writing down a statement, you need to call your insurance company as soon as possible after the auto accident. Your insurer will explain the entire claim process, which includes the information you need to submit in a timely manner.
No more than a few days should pass before your insurance company assigns a claims specialist to your case. The claims adjustor will be your representative for dealing with third parties, such as the texting driver’s insurer and/or attorney. He or she will work with you until the claim is settled. Nonetheless, you should still hire a state licensed personal injury lawyer to ensure your legal interests are properly handled.
What a Personal Injury Attorney Matters
An experienced and accomplished personal injury lawyer will do much more than handle your insurance claim. He or she will work hard to find the texting driver guilty of committing a crime. Most states have outlawed texting while behind the wheel of a car.
Your personal injury attorney can hire a private investigator to determine the other driver was indeed texting right before the accident. Schedule a free initial consultation with a personal injury lawyer to cover all of your legal bases.
