Apart from the physical pain, if you were injured in a car accident, what usually follows afterward can be terribly overwhelming. Knowing your legal options is key to getting proper compensation. From filing insurance claims to taking a case to court, knowing your rights can aid recovery.
Experienced car crash attorneys can counsel and assist you in handling your case while looking out for your best interest. Here are the available options from a legal standpoint after a car accident.
Filing an Insurance Claim
The first thing most people do after an automobile accident is to file a claim through the at-fault driver’s insurance provider. This is accomplished by providing information about the accident, including details of any damages and their related expenses. If the other driver is found at fault, his insurance covers the medical expenses, property damage, and other losses.
You may want to file a claim with your own insurance carrier, if the at-fault driver is either uninsured or underinsured.
Negotiating a Settlement
Once you have filed your claim, you could move to negotiate. Most insurance companies usually make a low settlement offer so that they can pay the least amount possible. Ensure that your damages are clearly articulated and justifies your demand based on your losses. Property damage, lost wages, and pain and suffering, for example, will be better addressed if documented. Effective negotiation can lead to a fair settlement, but requires persistence and sound knowledge of your rights.
Personal Injury Lawsuit
If negotiations with the insurance company do not yield satisfactory results, you may consider filing a personal injury lawsuit against the at-fault driver. This legal action involves submitting a complaint to the court that outlines the circumstances of the accident and the damages you are seeking. The lawsuit process can be lengthy, and having an attorney who specializes in personal injury law can greatly assist you in navigating the complexities of the legal system and advocating for your interests.
Claiming for Property Damage
In addition to seeking compensation for personal injuries, you can pursue a separate claim for property damage caused by the accident. This includes costs associated with repairing or replacing your vehicle and any personal belongings that may have been damaged. Documenting the extent of the damage with estimates and receipts is crucial for a successful claim. You may negotiate directly with the at-fault driver’s insurance company for reimbursement.
Pursuing a Claim for Lost Wages
If your injuries prevent you from working, you have the right to seek compensation for lost wages. Documenting the hours and income lost due to your inability to work after the accident is essential. Be prepared to provide evidence, such as pay stubs or a letter from your employer, to substantiate your claim. Recovering lost wages is vital for maintaining your financial stability during the recovery period.
Seeking Compensation for Pain and Suffering
Beyond economic damages, you can also seek compensation for non-economic damages, including pain and suffering. This type of claim addresses the physical and emotional distress you’ve experienced as a result of the accident. Quantifying pain and suffering can be subjective, but factors such as the severity of your injuries, the impact on your daily life, and the duration of your recovery all contribute to determining an appropriate amount.
Pursuing Punitive Damages
In cases where the at-fault driver demonstrated particularly reckless or malicious behavior—such as driving under the influence or engaging in road rage—you may be able to pursue punitive damages in your lawsuit. Unlike compensatory damages, which cover your losses, punitive damages aim to punish the wrongdoer and deter similar conduct in the future. Successfully claiming punitive damages typically requires clear evidence of the other party’s egregious actions.
Filing a Complaint with the Department of Motor Vehicles (DMV)
If the accident involved serious violations, consider filing a complaint with your state’s Department of Motor Vehicles (DMV). This official complaint can notify the DMV of unsafe driving practices and may result in penalties against the at-fault driver, such as points on their driving record or a suspension of their driving privileges. While this action may not lead directly to financial compensation for you, it promotes accountability on the roads.
