If you’ve been in a car accident, you may be entitled to compensation from the at-fault driver for your damages. Making auto accident claims can seem confusing, but there are people who can help make the process easier. To help you out, here’s a look at the basics.
When to Make Auto Accident Claims
Auto accident claims can be necessary after serious accidents when you have suffered a lot of injuries or significant damage to your car. Additionally, even after a minor accident if the other driver’s insurance refuses to pay, you may want to make a claim. Most attorneys start with a free case evaluation to help you decide if this process is right for you.
Why Make an Auto Accident Claim
The benefit of making a claim is that you get a professional to negotiate with the insurance companies on your behalf. To put it simply, insurance companies don’t make money by paying claims. In fact, they actually lose money when they pay claims so they try to avoid it as much as possible.
If you get an offer from the other company’s insurance, keep in mind that it may be a lowball offer. Before accepting it, you may want to talk with a legal professional. Additionally, if you have injuries that have drastically affected your ability to hold a job or complete routine tasks, an auto accident claims expert can help you estimate the lifelong value of your damages, and they can structure your case around that.
How to Make Auto Accident Claims
The first step in making a claim is to find an attorney. Then, you need to collect records and proof of your damages. The attorney will use that information when presenting your case. Often, cases get settled out of court, but if the other driver’s insurer refuses to come to a reasonable agreement with your attorney, the case may have to go to court.
Damages Involved in Auto Accident Claims
After an accident, the claim is based on your damages. That may include medical bills you’ve incurred as a result of the accident, but it also includes costs related to lost time at work or inability to work in the future. If you need extra help around the home with housework and childcare, an auto accident claim can take those costs into account. Similarly, these claims can also cover emotional damages such as getting PTSD or generalized anxiety disorder after the accident, and of course, you can also make claims for pain and suffering.
Contributory Negligence in Auto Accident Claims
When you make an auto accident claim, the other driver has to be found negligent. For instance, if they were texting and they crashed into you, that is negligence, and they are likely to be responsible for your injuries and expenses. However, many states also have contributory negligence.
That comes into play when you are partially at fault in the accident. To explain, imagine you were speeding, and the courts believe that contributed to the accident. In this situation, you can only get a payout if the other driver was at least 51% or more responsible for the accident.
If you’ve been in an accident, let us help. When you contact us at 1-800-WE-TREAT, we can help you find an attorney who is experienced with auto accident claims so that you get the compensation you deserve. We can also connect you with medical professionals.