Even a minor car accident can be traumatic, but when there's substantial damage to your property or personal injury involved, the stakes are considerably higher. Generally, whoever is more responsible in causing an accident is legally liable for the damages incurred by other person(s) involved.
The process to recover your losses does not make the accident any easier. Dealing with insurance companies can be very confusing when you are unfamiliar with the terms they use and the value of your case. Most automobile accident matters are handled by lawyers experienced in dealing with insurance companies and their attorneys.
NO FAULT LAW
Some states have adopted "no-fault" laws, requiring each person to submit claims for compensation to their own insurance companies regardless of who actually caused the accident.
Usually this pertains to minor accidents, though, and lawsuits are still allowed for excessive damages or serious bodily injury. In pure "at-fault" states, however, the person who caused the auto accident is fully responsible for payment of all of the damages sustained by everyone involved.
THE INVESTIGATION PROCESS
It's important to document injuries and damages following an accident for possible legal use later. Take photographs, see a doctor and even talk to witnesses. Make sure you gather:
- Police reports
- Traffic tickets issued by the police
- Photos of the accident scene
- Names and phone numbers of witnesses and what they saw
- Medical records and bills
- Photos of your injuries
- Wage stubs to prove what you were making at the time of the accident and how much work you are missing as a result of the injury
NEGOTIATING WITH INSURANCE COMPANIES
Negotiate with the insurance company to be compensated for your injuries. At this stage it is important to know the true value of your case. Send a demand letter to the insurance company stating:
- Why the other person and their insurance company are responsible
- Injuries and effect of those injuries
- Medical costs both present and future
- Lost income
- Other damages
- Usually demand a specific sum of money
The insurance company will usually offer to settle your case for far less than the amount requested. However, if you are unable to get the settlement you want, your only option is to sue the insurance company in court.
If you or a loved one have been injured in an auto accident, you should speak to an attorney immediately to learn more about preserving your rights and remedies.