How To Prove Fault In an Auto Accident
By Space Coast Daily // March 17, 2020
Road accidents are inevitable, and at times you may not be the one at fault. In such a situation, the other driver is liable to pay you compensation for any damages inflicted on your property or injuries that you sustained in the accident.
However, insurance companies are not always fair in paying the compensation that you deserve.
To win your compensation claim with relative ease, you need to prove that the accident is truly not your fault. As such, you can take into consideration the following steps.
Consult an Accident Attorney
Dealing with insurance companies after an auto accident is a daunting task since they want indisputable evidence that can support your claim.
To make your life simpler under this difficult condition, professional attorneys at Blumenshine Law Group accident attorneys explain that legal representation may be pertinent to guide you through the process.
If you hire an expert in handling accident claims, chances are high that you will get fair compensation as they are already experienced with such matters extensively compared to general practice attorneys.
The other party’s insurance company can dispute the claim, and this often results in the claim taking longer to settle. However, reputable car accident attorneys have the expertise to handle such cases since they are specialized in that area.
Insurance companies are likely to cooperate when dealing with professional attorneys in fear of lawsuits that can dent their reputation. All the same, you need to collect credible evidence from the accident scene to make your claim easier.
Get a Medical Report
If you have been involved in a car accident, you should first seek medical treatment. Whether the injuries you sustain in the accident are critical or not, you should ensure that you obtain a medical report.
Another thing that you should consider is visiting a reputable doctor so that your evidence cannot be disputed.
It is also important to check on other people involved in the accident to see if they also need treatment. This information is essential since it helps to determine the success or failure of your claim for compensation.
The medical report that you obtain after an accident helps determine if you should get general damages or special damages.
Report the Accident to The Police
After a road accident, you should make a police report within 24 hours. Traffic cops need to attend to the accident scene so that they can write a report that you attach to your claim.
The biggest issue is that a claim without a police report is likely to fail since the insurance companies can refuse a claim without it.
Insurance companies are, after all, a business so they will always try to find a reason to underpay victims. You should also provide the police with a statement about everything that you remember about the accident.
Make sure you do not give contradicting statements to the police officers since this can compromise your supporting evidence to the insurance claim.
You also need to leave the vehicle in the exact spot where it was involved in an accident until traffic cops attend the scene. If you tow the car away without police clearance, then your claim can be disputed, and you end up failing to get the compensation you deserve.
Another aspect that you should consider is that you should only give your statement to the police officers and no one else.
Representatives from the other insurance companies may try to obtain a statement from you, but that is not their job. Such people can try to use the information against you while they would be pretending to assist you.
While you are still at the accident scene, you should take photos of the damaged vehicles as well as your injuries. It is difficult for the insurance companies to dispute solid evidence so make sure you can use your phone to take images.
You should avoid editing the photos since this can compromise your claim for damages and injuries sustained in the accident.
On top of that, you also need to get details and statements of the witnesses to include in your evidence, documents and in your claim for compensation. It may be difficult for the insurance companies to dispute the evidence presented by eyewitnesses.
While auto accidents are unavoidable, it can be observed that some are caused by negligent driving. If you can prove that the accident was caused due to someone’s negligence, then they are liable for paying the costs of property damage as well as the injuries sustained in the accident.
To increase your chances of winning a claim for accident compensation, you should hire a professional attorney who is specialized in that particular field.
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