How To File An Auto Accident Claim
Automobile accidents can range from a minor fender bender to serious personal injury to one or both parties. In 2003, it was reported that 25% of all car accidents resulted in bodily injury claims and in 2004 it was found that one in every 100 cars insured were involved in an accident. Crucial to an auto accident claim is following the guidelines for behavior at the scene of an accident, which include staying at the scene, waiting for the authorities to arrive, denying culpability and seeking medical attention as soon as possible after the accident. This last step is essential if bodily injury is claimed.
Many people involved in a car accident fail to seek medical attention because they feel fine, maybe just a little whoosy and nauseous and assume everything is OK. However, many bodily injuries do not show at once and any delay in seeking medical attention could seriously jeopardize any success of a subsequent bodily injury claim. Some of these injuries may include whiplash, signs of which are apparent in an X-ray. Medical records that prove bodily injury will do much to counter the other party’s insurance adjuster’s efforts to keep the car accident compensation as low as possible or ideally give no award at all.
Aside from medical records, an insurance claim to the other party and to your own insurance company requires complete documentation of the accident including the following:
* police reports and other incident reports
* photographs of any bodily injury or property damage
* witness information
* a complete statement of the events
* receipts and proof of medical expenses For workers’ compensation claims, a record of lost wages and earnings should be available as well as certification from your employer testifying to these circumstances. If a lawyer has been called in, he will need copies of all these documents to ensure that all the details of the case are fully revealed and there will be no surprises if and when a claim cannot be settled out of court. The advantage of hiring an experienced accident lawyer to represent you in a claim is that they will be knowledgeable about the ins and outs of the system. They are used to dealing with insurance companies as well as the process of taking a claim to court. While most accidents attorneys require up to 40% of the amount awarded in claim, a claimant’s chances of getting a fair deal is much higher because an experienced lawyer will not be out-jockeyed by clever insurance adjusters. Also explore the possibility of getting into a “no win-no fee” scheme with your lawyer. The claimant usually shoulders filing and other costs of a claim, but some law firm’s advance these costs until the end of the case. Whether the claim is successful or not, the claimant is obligated to reimburse such advances back to the company. But depending on the agreement with the lawyer, you can get out of an auto accident claim stitch-free, physically and financially. Most law firms encourage their clients to settle out of court to minimize such out-of-pocket expenses. A good lawyer will advise clients on the development of a case and provide a fair assessment of the chances of success. The lawyer is responsible for ascertaining that all medical and pertinent records are available and that the client has completed the necessary treatment before proceeding to a demand conference, which will set the initial demand amount based on the extent of injuries and loss to the claimant. This is typically much higher than the probable settlement value allowed for negotiations. In case the claim goes to court, a lawyer may decide to withdraw from the case if the decision to sue is made against his advice. An auto accident claim may take some time to be resolved, sometimes years, and costs can escalate. In most cases, it is to the advantage of the claimant to settle out of court.
Motor Vehicle Accident
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