Car accidents are, unfortunately, very common. They usually occur due to the negligence or recklessness of one or all of the parties involved. This includes disobeying traffic signs, drinking while driving, making phone calls, bad vehicle state, and so on.
If you were involved in a car accident caused by another person’s carelessness, you could present a case for monetary claims. However, your claims must be strong enough to be granted by your insurance companies or any given court of law.
To help you out, here are the things you need to know in building up and presenting a car accident claim:
1. Call The Authorities
When an accident occurs, it’s important to inform the necessary security agencies in your area. This includes the police. The police agency is one of the first organizations you should call to be present at the accident scene. The resulting police report would be an important document to support your car accident claim.
The police report often contains precise information on the driver’s faults and errors, names, contacts of witnesses at the accident scene, accident diagrams, insurance information, factors that could have led to the accident, and so on. Learn more about what you need to make a car accident claim. As you can probably tell, this would be strong proof of your car accident claims.
2. Seek Medical Treatment
The rule is safety before anything else. You must seek medical intervention after surviving a car accident, especially if you’re injured. Even if the symptoms you experience are mild, you should still seek the immediate attention of medical respondents. You might not pay attention to the symptoms due to the rush and tension of an accident.
Aside from this being a safety measure for you, denying medical attention will weaken your claims. The insurance company or attorney may assume that your injuries weren’t the result of your collision. Win on both ends by ensuring good health conditions for yourself and strengthening your car accident claim.
3. Gather More Evidence
The accident scene contains most of the evidence you’d need to present for your car accident claims. As much as the police and medical reports will go a long way, it’s still crucial that you gather enough evidence by yourself, especially if you’re physically able to do so.
Since you’re a party involved in the accident, you have more access to information that’d help back up your claims. Write out as much information as you can. This information includes the driver’s name, contact address, insurance company, and telephone and policy number. You should record the dates and times the accident occurred too.
If there were other occupants in the vehicle, you should also get their contact information. And the involvement of other vehicles in the crash could require you to record the type of vehicles, models, vehicle identification numbers, and license plate numbers. You could take pictures and videos of the scene as well, including the injuries and damages incurred.
4. Inform Your Insurance Company Right Away
This is necessary even when you’re not the driver at fault. Your insurance company has to be aware of the incident and carry along every step you take so that they’d know when to come in.
Informing your insurance company might even save you some costs and offer you some benefits like car repair reimbursement, medical bills coverage, or payment for a car you could rent in the meantime while yours is under repair. Also, you shouldn’t be caught unaware. If the other driver hires a lawyer, you might be disadvantaged if you haven’t informed your insurance company.
5. Reach Out To The Insurance Company O The Driver At Fault
The at-fault driver probably has an insurance company. You must notify them of the incident and your intentions to pursue the car accident claim. This is irrespective of whether the driver has informed their insurance company on their own. If the driver did, it’s possible that they already have an assigned claims number and a claims adjuster who’d investigate and negotiate the accident claims.
6. Notify The Driver At Fault
You’d be surprised to know that some drivers don’t believe they’re at fault and aren’t prepared to take up the cost of damages for the car accident. This is why you have to inform the other driver. It’s not enough to inform their insurance company alone.
Insurance companies usually cover damages that don’t exceed their policy limits. Anything outside that would have to be paid for by the driver personally. Therefore, you must inform the driver of your intentions to take up the case. After informing the driver, ensure that all other negotiations would be with their insurance company and the assigned adjuster.
7. Determine The Value Of The Damage Incurred
When referring to damage in a car accident, they’re either personal injuries or property damage incurred.
Personal injuries usually involve the cost of medical bills, pains and discomfort felt as a result of the accident, lost wages (if you probably at to stay out of work through your recovery process), or out-of-pocket expenses.
Meanwhile, the property damages often involve the cost of vehicle repair, total vehicle replacement (if your vehicle was completely damaged beyond repair), and loss of personal items like a briefcase, clothing, eyeglasses, documents, and others. These losses are often totaled to what seems like a monetary equivalent or compensation.
The adjusters and attorneys calculate personal injuries by summing up the costs of treatment, lost wages, and other injury-related costs in addition to the amount that could account for the pain and suffering felt (usually a multiplier between one and three times the hard costs).
Yet you should note that you can only have a car accident claim when there’s damage (personal injuries or property damage) recorded. Suppose you aren’t the only victim of a vehicular accident. In that case, the judge may have to decide how to divide the available insurance funds among each injury victim.
8. Determine If You Need A Car Accident Attorney
This is something you should decide from the onset of the accident. Would you hire an accident attorney, or do you want to handle the claim yourself? You may consider handling it yourself if the case is a minor one. Nevertheless, it’s advised that a major case is hired by an experienced car accident attorney to get the best possible results.
If you choose to handle it yourself, you must build a strong claim by presenting your evidence in the best way (well-document stating the extent of the injury and how much it has affected you. You must also include the evidence to back up your claims and a letter to the insurance adjuster requesting compensation for the car accident.
Keep in mind that most personal injury lawyers offer a free consultation. Hence, you’re advised to seek their professional advice to get the best out of your car accident claim.
9. Prove The Other Driver To Be At Fault
You can be sure that the at-fault driver`s insurance company won’t give up without a fight. Invariably, they must defend their insured and refuse payment to you or other claimants.
Thus, you have to prove that their driver is at fault and you deserve to be compensated. Your evidence and claims must make it clear that the driver was the cause of the accidents; the accident led to the inflicted injuries – along with stating the total cost of your personal injuries and property damages.
10. Negotiate With The Insurance Adjuster
As stated before, when the at-fault driver`s insurance company is notified of your intentions to pursue the claim, an adjuster is assigned to the case. This is the person you have to do most of the negotiation with. And if you’re handling the case yourself, you must take it carefully.
Firstly, you must watch what you say. The adjuster will try to get you to say something that would weaken your claim. This could be recorded and eventually used against you. Henceforth, you have to be careful of the statements you make.
Additionally, be firm on your demands. You shouldn’t allow the adjuster to talk you out of receiving the amount you think is fair. If you’re still receiving treatments, you could wait till you have recovered or are strong enough to handle the negotiations.
You should also keep your privacy. Don’t allow the adjuster to bully you into giving details unrelated to the accident. For example, the adjuster may require you to see the proof of the injuries you claim to have and the cost of your medical treatment. But you don’t need to show them your medical history unrelated to the car accident.
Before you sign any document or agreement, read it through and understand it. If there are unclear terms, you should seek the advice of a car accident attorney before you make any decisions.
Conclusion
Car accident cases usually vary in the amount of time they take. Some could take months; others could last for a year or even more. You may decide to handle minor cases yourself, but it’s better to hire the service of an experienced attorney. Follow the steps above to ensure a strong car accident claim.
