Ideally, filing a claim for damages and injuries after a car accident should be easy with no fuss, but the reality is that you may end up fighting for your right to compensation. Being totally innocent of causing a crash doesn’t mean the other driver’s insurance company won’t try to place some of the blame on you in an attempt to pay less. State laws can be difficult to understand if you don’t know legal technicalities, and the claims process can drag out for months on end. Here are important factors you should be aware of to make it all a little easier.
Statute of Limitations
Every state has a law regarding the time you have to file a car accident claim or to sue. You can take that time to decide whether or not to pursue your case, just don’t overshoot it. If you miss the deadline, you’ll be out of luck for receiving compensation. States vary in their limitations from one to two to six years.
Evidence of Negligence
One of the trickiest things in a claim is proving that the other driver was negligent. If you are not at fault for the accident, then it’s crucial you prove this since it’s the only way to get compensated from the other person’s insurance. At the accident scene, take photos and get statements from anyone who saw the crash happen. Exchange information with the other driver so you can contact their insurance later.
You should always see a doctor after a car accident. You may not realize that you are injured, and a doctor can give you a medical report showing that your injury resulted from the crash. Not seeing a doctor shortly after the accident can mean waiving coverage for its costs in the claim. Any medical bills, exams and future tests can be covered by a claim, but only if you can prove the accident caused your injuries.
You should only ever give a statement to the police who arrive on the scene. Tell them the facts of how the accident occurred, and don’t admit any guilt. Then request a copy of their report. You may need it to file your claim or to prove who was at fault.
Consider talking to a lawyer who has experience with car accident cases to get more clarity on how to move forward. You can always seek legal advice to help you navigate these challenging times. Contact a car accident attorney, like Polsky, Shouldice & Rosen, P.C. for a consultation.