Highway accidents are the most common type of accidents across the U.S. Even the most careful driver is exposed to the possibility of injury while driving. If you have been hurt in an accident that was not your fault, you may be able to claim compensation from the at-fault driver’s insurer.
Personal injury claims are not automatic. There is a series of steps to take to ensure you obtain fair compensation for the injuries you may have received.
1: Gather Evidence at the Accident Scene
If you are still able to do so, you can be pro-active at the accident scene before evidence of the crash is cleared away. Take names and contact details of eye witnesses who can confirm what happened before the crash.
You may even be able to record their statements if your cell phone has a voice recorder.
Take photos of the damage done and the positions of the vehicles involved. Make a note of any security or surveillance cameras nearby that might have recorded the accident.
If you are badly injured, you may not be able to do too much at the accident scene, but there should be a police report compiled when officers attend the incident. This report is one of the most important pieces of evidence that you can submit with your claim as it will have more credibility with insurers.
2: Have a Medical Examination
Even if you are only slightly injured in the accident, you should make sure you have a medical examination. You cannot obtain compensation without one and there may also be some injuries that don’t show up until after the accident.
Make sure you get a copy of the doctor’s report and recommendations for treatment. If you need to attend hospital for further tests, x-rays or scans, make sure you get copies of all these results as well.
You will need evidence of how much the injuries have cost you. Make sure you obtain and keep all bills and other evidence of the cost of medical treatment. If the injury is severe and is predicted to take a long time to heal, you should get an estimate of the cost of future medical treatment needed.
3: Arrange for Auto Repairs
Your vehicle will probably have been damaged and will need repairing. In extreme cases, it may have been totaled and will need replacement. If it cannot be driven away, it will need to be towed to a repair facility.
At the repair yard, ask a mechanic to make a damage report and provide a quote for repairs. You will need this when you finally submit your claim. There may be other property that was damaged in the car when you were hit. If so, obtain evidence of the cost of replacement or repair.
4: Contact a Personal Injury Attorney
You are advised to discuss your accident with a personal injury lawyer before filing a claim. The lawyer will be able to assess the chances of winning the claim and provide legal advice about evidence you may need to obtain. Your chances of obtaining a satisfactory settlement are greater if you use an experienced lawyer rather than try and negotiate all by yourself.
5: File a Claim
The last step will be to file your claim with the relevant insurer, with full details of the accident and the amount in compensation you are demanding, together with evidence you have obtained. Your lawyer should be able to submit the claim on your behalf and negotiate a satisfactory settlement. Well prepared claims rarely need to go to court.
