The legal definition of a car accident is when an automobile is involved in an occurrence that causes harm, whether it be harm to property, to person, or both. Usually it involves a collision with another motor vehicle. Here’s how to get compensation after an accident that wasn’t your fault.
Check your state guidelines to see if the accident is considered “trivial” or not. Most states now have no-fault laws on the books. This means that only the car(s) were damaged and not the driver(s). If your incident is in this category, you will get insurance payments for medical and lost wages, but not anything else.
Assess all vehicles for mechanical issues. A mechanical issue could be a deflated tire, a bent rim, a loose joint or fitting, or even a cracked windshield. Look at the other person’s car too. Then survey your surroundings and determine if there were problems on the road that led to the crash, such as a pothole, debris, or an animal. If this was the case, you cannot file a claim against the other driver. You will instead be dealing with a defunct product case against their mechanic, or worse yet, against the city. If you do notice possibility of a defunct product or condition that caused the crash, do not rule out the other party’s culpability just yet. Maybe a combination of the product deficiency plus their own negligence is what caused the collision.
Figure out why the other party was at fault. The reason why the other driver was at fault is very important in determining both how to file your claim (through their insurance company or through a lawyer) and how much your claim is worth. If the other driver was clearly distracted, either using their cellphone, watching an on-board TV, operating the on-board navigation, or talking to another passenger, then you will have a case for punitive damages. That is because most states have punitive laws to discourage that kind of behavior. If the other party was intoxicated, then you will be able to receive even more in damages under punitive statute. Take in your surroundings: What is the speed limit of the area, was there a stop sign or a yield sign they did not obey? Did they “California stop,” (slow down rather than fully stop at a stop sign)? Is it a school zone? Any, minor violation of traffic law will aide your case.
Think about getting a lawyer. It is imperative to receive a medical examination immediately following your accident even if you feel okay and/or are uninsured. The health care costs will be part of your claim. If the doctor gives you a clean bill of health, do not seek legal assistance but work through the other party’s insurance company. If their company won’t pay the full cost of damages, whether these be medical, property, lost wages, rental car costs or others, then seek legal help. If they delay payment for whatever reason, seek help. Lastly, if the other party is uninsured, do not allow them to leave the scene, call the police and obtain legal advice immediately.
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