Car accidents are a tough event and can have very major legal and financial repercussions. For those involved in a car accident, it’s imporant that you know its legal components, more specifically liability and compensation. Here we’ll give you an idea to help you in facing post-crash moments effectively.
Understanding Liability in Car Accidents
Definition of Liability
According to law, liability refers to being legally responsible for the damages caused by a car accident. The term defines who was at fault; hence, who is supposed to pay for the damages linked to the accident.
There are several different types of liability that vary by state, including at-fault and no-fault. In an at-fault system, the driver responsible for the accident is supposed to pay for the damages, but in a no-fault system, the insurance of each party pays for their damages, regardless of fault.
Determination of Fault
Determination of fault in a car accident depends upon several different factors. The role of evidence, mainly police reports, witness statements, and traffic rules play a role in who is at fault. Police reports are key for documenting accidents, especially when an injury is involved, while witness statements normally provide some off-the-record specifications.
Comparative and Contributory Negligence
Comparative and contributory negligence are liability principles. Comparative negligence states divide the fault among the parties involved according to the degree of their responsibility. Other states apply the contributory negligence principle, meaning if you are responsible for even one percent of the accident, you get zero compensation. This is a critical basic principle, and understanding it is of most importance, for it will determine the outcome of your case.
Types of Compensation
Medical Expenses
Medical expenses include the costs for treating immediate and long-term injuries incurred in the accident. This can be in the form of hospital bills, medication, rehabilitation, and any other future medical needs related to the accident. Ensuring all related medical expenses are well documented is important in your claim.
Lost Wages
If you are unable to work because of the injuries suffered in an accident, you may be entitled to compensation for lost wages. This is to reimburse you for the income you would have earned while injured. The supporting documents important in the claim are proper documentation from your employer and medical records.
Damaged Property
Damaged property is compensation for the repair or replacement of your vehicle or any other property which may have been damaged in the accident. It’s important to have estimates for the repair and retain receipts for proving this damage.
Pain and Suffering
Pain and suffering compensation is associated with the non-economic damages one experiences due to the accident. The amounts in these cases can vary significantly relying on the injuries’ severity and their impacts on your daily life.
Steps to Be Taken After a Car Accident
Immediate Actions
The first step after an accident is to ensure your personal safety and call emergency services if needed. You should also collect evidence at the scene and exchange contact information with the other parties before leaving the scene. This evidence will help much in your claim.
Reporting the Accident
File a police report to make the accident an official document. At the earliest convenience, you should also report the accident directly to your insurance company to start the claims process. Delaying this can complicate the outcome of your claim.
Seeking Medical Attention
Seek medical attention even if you feel fine, as your injuries might not be visible at that point in time. Medical documentation will be useful for your protection because it will prove the injuries you were incurring and how grave these injuries were.
Seek Legal Consultation
If the accident involves massive damages or injuries, consider using an auto accident lawyer in Louisville to help you with the process to ensure you get the compensation you deserve.
How Insurance Companies Handle Claims
Negotiate Properly with the Insurance Companies
Before you negotiate with insurance adjusters, be aware of your policy and know your rights. Lowball offers should never be accepted before speaking to an attorney. Ensure that documentation of your damages and injuries is well-detailed.
Pitfalls
These may include not filing the claim right away, failing to seek the necessary medical attention, or not documenting everything. This could affect your chances of receiving fair compensation.