Auto accidents could cause a multitude of severe injuries and fatalities depending on the circumstances of the accident. If a driver is intoxicated, this could present several additional issues, and the driver will be charged with a DUI. If an auto accident victim dies because of a drunk driver, the driver could face vehicular manslaughter charges.
If there was another cause of the accident, law enforcement will find it and present the details on their accident report. The fine details could substantiate the victim’s legal claim and help them get compensation for all their financial losses.
Report the Accident
The first step is to report the accident to law enforcement or highway patrol, and officers will come to the scene and investigate the accident. They will conduct an investigation to find out who is responsible for the accident. The officers will create an auto accident report that must be filed by all parties involved with their insurance provider. All victims of the accident can seek advice from a car accident attorney now.
Collect Auto Insurance Information
All victims in the accident should collect auto insurance information from the at-fault driver. They may not get another chance to get the details and start an insurance claim. If the victim was injured and sent to the hospital via ambulance their legal representative can collect the information for them.
The at-fault driver is required by law to file an insurance claim for all victims they injured and any property damage they caused. If the victims do not report their injuries and damage to the insurer, they will not receive coverage through the insurance policy.
Seek Medical Attention After the Accident
All victims should seek medical attention after they sustained injuries in an auto accident, and they will need medical records to present to the at-fault driver’s insurer or the court. It is recommended that they seek medical attention even if they do not believe they have an injury at first. After an auto accident, the body will have a higher volume of adrenaline flowing throughout it and after these levels return to normal, the patient will experience significant pain if they are injured.
Get A Copy of the Accident Report
The victims will need to get a copy of the accident report if they do not get compensation for their medical expenses and auto repair requirements through an insurance claim. The report shows that an accident happened and who was involved.
It can also prevent the defendant from trying to deny any responsibility in the auto accident. The report will show that the defendant was at fault for the auto accident, and the victim’s attorney can question the officers that investigated the accident to determine what the officers concluded by their assessment.
Contact the At-Fault Driver’s Insurer About Processing A Claim
If the victim submitted a claim through the at-fault driver’s insurance provider, they can contact the insurer about the claim. They will need to submit invoices for their medical expenses and at least three estimates for their auto repair requirements. The insurer will evaluate the claim and determine if the injuries and expenses qualify for coverage.
The policy may have some restrictions on how much they will pay for an auto accident, and the driver’s coverage may not provide enough to cover all these expenses. If the victim receives payment through the insurance, this doesn’t mean they cannot collect through a legal claim, but in most cases, the victim must have serious injuries.
Contact An Attorney If You Are Denied a Claim
The victim will need to contact an attorney, if the auto insurance provider denies the insurance claim or if the responsible driver doesn’t have insurance. Without insurance coverage, this is the only route to get compensation for the victim’s injuries, auto repair costs, and any wages they lost because of the auto accident.
An attorney will explain all the information the victim needs for a legal claim, and they will work with the victim to acquire the records. This includes records of their accident injuries that show how the injuries will affect the patient’s life and their ability to support themselves.
Deposition of Witnesses
The lawyer will depose all witnesses that saw the accident and can substantiate the plaintiff’s claim. Defendants in these cases and their attorneys will try to use comparative fault rulings to dismiss the plaintiff’s case.
Comparative fault rulings indicate that the victim shared some of the blame for the accident because they committed a moving violation during the accident. All witnesses that saw the accident are deposed by the victim’s and the defendant’s lawyer. Any testimony acquired can be used for either side.
Starting a Legal Claim
To start the legal claim, the victim must hire an attorney and submit the motion to the court. They will need their evidence to substantiate their claim, and it is vital for them to ensure that they have all medical records when presenting their case. The doctor that treated them in the emergency room and any doctor that treated them for the injuries must provide records.
After the legal claim starts, the victim should not talk to any parties other than their attorney about the case. Some defendants or their attorneys may try to contact the victim to get a settlement or find a way to discredit the case. No settlement offers should be accepted without the attorney’s involvement.
Auto accidents could produce serious injuries and fatalities, and it is necessary for all victims in an accident to seek medical attention even if they believe they have minor injuries. All medical records presenting the injuries, auto repair estimates, and any wages the victim lost should be disclosed in the claim.
An attorney can help the victims gather all the evidence they need including traffic camera footage. They will file the motion to start the legal claim and submit all evidence for the case. A lawyer can provide assistance for the victims and prepare them for the case and ensure that they understand their rights.