Sustained An Injury Through The Negligence Of Someone Else Whilst Driving?
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.
Determine if the accident is legally “trivial.” An accident where there is absolutely no physical injury or any damage whatsoever besides that to the car, will usually be considered a “trivial” accident. Every state has their own definition, called a “no-fault law.” If you live in a state with no-fault laws, you can’t sue over trivial accidents. Even if you live in a state without this law, your case might still be thrown out due to triviality. In this situation, just exchange insurance information, get a medical examination, and go on with your life.
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.
Assess the other party’s condition and culpability. How do they look to you? Is there a possibility they are intoxicated? If you notice irregularities in their speech, gait, or gaze, they might be. In this case, you stand to gain a large compensatory settlement due to punitive laws. Do you have any cause for believing the other party was distracted? Look inside their car, are their clues to indicate distraction? A coffee cup with the lid off, a loose CD that was being changed, or the on-board navigation system in the middle of search could all be evidence of visual and/or cognitive distraction.
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.
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