Maximize Your Traffic Accident Claim: Essential Tips for Success
If you’ve been injured in a car accident, or are involved in any other traffic accident claim, then you could be entitled to sue for significant compensation under the law. As you explore your strategic options after the accident, however, you may find yourself overwhelmed and confused by what you should do to secure the compensation to which you’re entitled. That’s where a qualified local attorney comes in.
Contact 1-800-THE-LAW2 for a free consultation with an experienced car accident attorney in our network. You’ll be able to ask all sorts of questions about your case and obtain professional guidance on your next steps, whether it’s dealing with the insurance company (i.e., your car insurance claim) or moving ahead with filing a lawsuit.
That being said, if you’d like to learn more about maximizing your traffic accident claim, then keep reading! We’ll discuss some of the basics of traffic accident injury claims.
Understanding Your Auto Insurance Claim
What is an Auto Insurance Claim?
An auto insurance claim is a formal request made to your insurance company to cover the costs associated with damages or losses resulting from a car accident or other incidents involving your vehicle. When you file a claim, you are essentially asking your insurer to compensate you for expenses such as vehicle repairs, medical expenses, or other related costs. This process is a crucial part of your auto insurance policy, ensuring that you receive the financial support needed to recover from an accident.
Types of Claims
There are several types of auto insurance claims, each designed to cover different scenarios and types of damage:
- Collision Claims: These claims cover damages to your vehicle resulting from a collision with another vehicle or object. For example, if you accidentally hit a tree or another car, a collision claim would help pay for the repairs to your vehicle.
- Comprehensive Claims: These claims cover damages to your vehicle from non-collision events, such as theft, vandalism, or natural disasters. If your car is stolen or damaged by a hailstorm, a comprehensive claim would help cover the costs of repairs or replacement.
- Liability Claims: These claims cover damages to other people or property resulting from a car accident where you are at fault. This includes medical expenses for the injured parties and repair costs for damaged property.
- Personal Injury Protection (PIP) Claims: These claims cover medical expenses resulting from a car accident, regardless of who was at fault. PIP can help pay for hospital bills, rehabilitation costs, and even lost wages if you are unable to work due to your injuries.
Understanding the different types of claims can help you navigate the insurance claims process more effectively and ensure that you receive the appropriate compensation for your specific situation.
Gathering Evidence for Your Car Insurance Claim
At the Scene of the Car Accident
If you’re involved in a car accident, gathering evidence is crucial to support your insurance claim. Here are some essential steps to take at the scene:
- Take Photos: Capture clear photos of the accident scene, including any damage to vehicles or property. These images can provide valuable visual evidence for your insurance company.
- Collect Information: Obtain the names, phone numbers, and insurance information of all parties involved in the accident. This information is vital for filing your insurance claim and for any potential legal proceedings.
- Document Details: Note the location, date, and time of the accident. If possible, get a copy of the police report, as it can serve as an official record of the incident.
- Record Injuries and Damages: Take photos of any injuries you sustained and the damage to your vehicle. Keep a detailed record of any medical expenses or lost wages resulting from the accident.
Remember to stay calm and prioritize your safety above all else. If you’re unable to gather evidence at the scene, try to do so as soon as possible after the accident.
It’s also a good idea to keep a car accident checklist in your vehicle, which should include:
- A pen and paper for taking notes
- A camera or smartphone for taking photos
- A copy of your insurance card and vehicle registration
- A list of emergency contact numbers, including your insurance company and a tow truck service
By gathering evidence and keeping a record of the accident, you can help ensure that your insurance claim is processed smoothly and efficiently. This proactive approach can significantly impact the outcome of your claim, making it easier for your insurance company to assess the situation and provide the necessary compensation.
Why do most car accident claims result in a settlement?
Most traffic accident claims — like other personal injury claims — are resolved through a settlement compromise. In fact, industry observers estimate that as much as 95 percent of legal disputes are concluded through settlement.
But why? The answer is fairly straightforward. In general, trial litigation can be:
- Innately uncertain
- Resource-intensive
- Exhausting
- Distracting
- Expose you to negative publicity
- And more
Bear in mind that all legal conflict is inherently uncertain. Even if the defendant concedes that they are liable (an uncommon concession), you would still have to prove that you suffered the damages that you’re asserting — the court might award you less damages than you are hoping to receive. This sort of uncertainty is inherent to legal disputes.
To avoid uncertainty, parties often prefer to negotiate a settlement. That way, they can secure a payout (or loss) that works for their known budgets and damages, while avoiding the uncertain costs and potential financial spiral that could happen if they push ahead all the way through to trial.
What factors will influence the settlement offers that I will receive from the defendant or insurance company?
Settlement offers will increase or decrease depending on a variety of factors, including but not limited to:
- Hostility of the defendant
- Willingness of the defendant to reach a settlement
- Financial resources available to the parties
- Potential personal/business damage caused by negative publicity of trial
- Strength of the evidence in support of your legal arguments
- Strength of the evidence in support of your damages claim
- How sympathetic you are as a plaintiff
- How authoritative your expert witnesses are
- How believable your eyewitness testimony is
- And more
These and other factors can heavily influence the likelihood that you will succeed should the case move ahead to trial, and thus, will influence the sort of settlement offers that you receive from the defendant.
For example, suppose that the defendant is a local trucking company whose delivery driver collided with your vehicle, giving rise to your traffic accident injury claim. Their delivery driver was intoxicated at the time of the accident — and as it turns out, the trucking company didn’t perform an adequate background check when hiring. To avoid the negative publicity and business impact of a public trial involving these issues, the trucking company is likely to offer you an early and favorable settlement.
Talk to your attorney about these and other strategic issues so that you can pressure the defendant into a more favorable settlement. That being said, if a fair settlement offer is not made, then you can potentially push ahead to trial litigation and secure compensation through a court award.
What sort of compensation am I entitled to for a traffic accident claim?
In a traffic accident injury claim, you are entitled to compensation for whatever losses you sustained due to the defendant’s negligent, reckless, or intentional misconduct. Claimable losses are varied, and may include:
- Lost wages
- Loss of earning capacity
- Loss of property
- Healthcare expenses (i.e., medical bills for whatever medical treatment you received to deal with your injuries, supported by your various medical records)
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
Every case is different, as the individuals involved — and their losses — are unique to their personal circumstances. Thus, the damages will vary quite a bit from case-to-case, even when the accident appears to be similar on the surface.
For example, if you’re injured in a car accident and you’re unemployed, you might not have any significant wage loss claim. By contrast, if you had been employed, and were forced to take time off after the accident, then your wage loss claim might be significant. Given the dynamism and variety of damages involved in a typical injury lawsuit, it’s critical that you consult an attorney for guidance on how to calculate, legally support, and assert your claim for compensation.
If I’m partially at-fault for the accident, how will that affect my traffic accident claim and medical expenses?
If you’re partially at-fault for the traffic injury you sustained in an accident, then it could impact your legal claims differently depending on the state law that applies to your dispute. Consider the following:
In some states, the doctrine of pure comparative fault applies. Under pure comparative fault, you — the injured plaintiff — are entitled to sue and recover compensation even if you’re partially at-fault. In fact, you can be up to 99 percent at-fault and still be entitled to receive compensation. However, it’s worth noting that your compensation payout will be reduced by your fault contribution — so if your damages are $100,000, but the court finds that you’re 40 percent at-fault, then you’d be entitled to receive a $60,000 payout.
In other states, the doctrine of modified comparative fault applies. Modified comparative fault operates similarly to pure comparative fault, except that you are not entitled to sue and recover compensation if you are 51 percent (or more) at-fault.
In a small minority of states, the doctrine of strict contributory fault applies. Under strict contributory fault, you — the injured plaintiff — are not entitled to sue and recover compensation if you’re partially at-fault. In fact, you could be as little as one percent at-fault and you’d still be restricted from pursuing your claims under the law. That being said, while this is an extremely strict prohibition, there may be ways to circumvent it through clever legal argument that plays with “causation.” So talk to a traffic accident lawyer about how you can potentially circumvent these issues.
How much does a traffic accident attorney cost to hire to represent me in my dispute?
Many people mistakenly believe that to work with an attorney you have to be wealthy or have some sort of personal connections to manage the cost. In reality, however, most traffic accident attorneys work on a contingency basis, making them affordable for everyone, even those who have literally zero dollars in their bank accounts.
And these aren’t poorly-qualified attorneys. Some of the most skilled and experienced plaintiffs’ attorneys work on a contingency fee basis. But how are these attorneys so affordable?
Well, that’s because contingency fee attorneys don’t cost anything upfront or out-of-pocket. In exchange for their legal representation, they accept a percentage cut of whatever compensation they’re able to secure on your behalf. This percentage can range from 25 to 40 percent (or more), depending on what you negotiate when you hire them.
When you work with an attorney on contingency, you only pay if you “win” compensation in the dispute — whether through a court award, a settlement, or some other means. If you don’t win any compensation, then you can walk away from the dispute without having to pay any attorney fees or costs. That reduces the burden of pursuing your legal claims and makes it much less risky from a financial perspective.
Contact 1-800-THE-LAW2 for a Free Consultation
If you’ve been injured in a motor vehicle accident, then you could be entitled to compensation under the law. Even if your traffic accident dispute seems simply on-the-surface, the truth is that it may become a lot less straightforward as you move forward. There are many complexities and argumentative nuances that you’re likely to encounter over the course of the dispute. That’s why it’s important to connect with an experienced personal injury lawyer for guidance.
Contact 1-800-THE-LAW2 for a free consultation with a qualified local traffic accident attorney in our network. During this initial legal consultation, you’ll get the opportunity to discuss your case in detail and learn more about your strategic options. So pick up the phone and call us today to get started with a free case evaluation.
We look forward to assisting you.
