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Personal Injury : What To Do If You’re Involved In A Car Accident

The legal definition of a car accident is when an automobile is involved in an occurrence that causes harm, whether it be harm to property, to person, or both. Usually it involves a collision with another motor vehicle. Here’s how to get compensation after an accident that wasn’t your fault.

Assess the damage: Not just damage to the car but your own condition. Victims are often running on adrenaline and try to shake off a pain in their neck or ringing in their ears. Delaying examination by a doctor is a bad idea. But if there will certainly be no medical bills from the incident, then you have been involved in what is legally deemed a “trivial,” accident i.e. one in which there are only property damages to the cars involved. If this is the case, work through the insurance company and forgo calling a lawyer unless their company gives you trouble.

Assess all vehicles for mechanical issues. A mechanical issue could be a deflated tire, a bent rim, a loose joint or fitting, or even a cracked windshield. Look at the other person’s car too. Then survey your surroundings and determine if there were problems on the road that led to the crash, such as a pothole, debris, or an animal. If this was the case, you cannot file a claim against the other driver. You will instead be dealing with a defunct product case against their mechanic, or worse yet, against the city. If you do notice possibility of a defunct product or condition that caused the crash, do not rule out the other party’s culpability just yet. Maybe a combination of the product deficiency plus their own negligence is what caused the collision.

Figure out why the other party was at fault. The reason why the other driver was at fault is very important in determining both how to file your claim (through their insurance company or through a lawyer) and how much your claim is worth. If the other driver was clearly distracted, either using their cellphone, watching an on-board TV, operating the on-board navigation, or talking to another passenger, then you will have a case for punitive damages. That is because most states have punitive laws to discourage that kind of behavior. If the other party was intoxicated, then you will be able to receive even more in damages under punitive statute. Take in your surroundings: What is the speed limit of the area, was there a stop sign or a yield sign they did not obey? Did they “California stop,” (slow down rather than fully stop at a stop sign)? Is it a school zone? Any, minor violation of traffic law will aide your case.

Assess your need for an attorney. Attorneys don’t always have to be involved and if your case seems clear-cut, with no possibility of physical injury, just work through the insurance company. But if there is any chance of bodily harm, go to a doctor. It will be their responsibility to pay. Whatever your medical bills following the incident, they should be added to the claim. If you have any medical expenses beyond the copay, you should hire an attorney. Often one medical expense can correlate to future expenses. Take the case of victim x. Victim x was in a relatively minor car accident but suffered some whiplash. Thinking it was a great deal, she chose to take the other party’s insurance settlement without a lawyer (a total of 5K.) With time, her whiplash injury led to some neck issues at work. And over the span of 10 years, she suffered losses in sleep deprivation, discomfort at work, and massage and chiropractor bills. Though nobody can foresee these kinds of circumstances, a lawyer will at least know what contingencies the law provides for. Since you are only entitled a single settlement, you should always seek the maximum amount in case things get bad later on.

Read on – Accident Compensation Claim