accident claims
accident claims
Advice on Accident Claims
Advice on accident claims can be sought from the solicitors who specialize in accident claims. There are lawyers who are exclusively handling the accident claims and who can offer good advice on accident claims when approached by the affected party. There are different types of accident claims like the work claim, where a claim can be made if the accident has occurred at the work site. There are claims that can be made for medical negligence, defective products, school accidents, road accident claims, whiplash injury and many such claims can be made and there are professionals who give valuable advice on how to file a claim and the evidence required by law while filing an accident claim.
The following are some of the advice on accident claims that have to be kept in mind when making an accident claim -
· It is always best to record and make a note of all the information that you can observe and see at the place where the accident took place. A keen observation will help when you are making the claim. You can give all the minute details to your accident solicitor when you are making the accident claim.
· It is also important to make a note of witnesses if there are any. It is helpful to collect the addresses and phone numbers of those who witnessed the accident. Such eye witnesses can throw light on the cause of the accident.
· You can always take the picture of the place where the accident took place. Pictures of the accident site will always add weight to the claim. It will prove that you are right and the accident is a result of the negligence of the other party.
· If you are injured in the accident the nature of the injury has to be recorded.
· If the police personnel are available in the accident site it is important to collect the case number from them, if a case is registered. Also the insurance details of the other party have to be noted.
· It is important to go to a hospital after the accident to get treated and get the doctor’s opinion about the nature of the injury.
· Also you have to keep track of the expenses that you have incurred as a direct result of the accident.
Another important advice on accident claims is that the time frame that has to be kept in mind. If the victim wants to file an accident claim, it has to be made within three years from the date of the accident.
The professionals who offer advice on accident claims state that the cases are generally settled within twelve months from the time of registering but some of the cases will be long winding depending on the severity of the injury and the amount claimed as compensation. Competent accident attorneys would be a big help for claimants. They would be able to wrest the rightful claim amount from the insurance company if the insurance company tries to take the claimants for a ride.
About the Author
The purpose of my articles is to provide all accident compensation information and to help everyone who has a justifiable claim to get the compensation they need to move on in their lives. Visit UK Compensation Claim for more information.
I was involved in a car accident and want to take the driver to small claims court. What do I need to do/prove
Two cars hit each other and one of the cars went on to hit me while i was stopped at a red light. Each of the drivers’ insurance companies refuses to accept responsibility for the initial accident. I didn’t have insurance at the time. There was no personal injury, just about $1,500 damage to my car. It has been 3 months and still no resolution. It looks like small claims court would be the fastest way to go about it. Do I sue both drivers or just the one who hit me? Do I send the paperwork to the drivers individually or to their insurance companies? Are the insurance companies obligated to give me the drivers contact info? What will the judge be looking for me to demonstrate in court? How many estimates do I need? In addition to the actual damage to the car, am I entitled to supplemental damage, inconvienience costs, rental car cost, etc. If it gets this far, I want to take them to cleaners. Any other helpful info would be appreciated.
Knowing what state you are in would be a help.
Don’t bother with a lawyer. No matter how many people tell you to get a lawyer, don’t do it. It will not make this go any faster. Trust me on that.
As you already found out, not having insurance can be a mistake.
From what you describe you are an innocent party to this to loss. Since you bear no negligence for the accident one of the other companies should step up and pay you then they can get partial reimbursement from the other company. If the accident was 70% one drivers fault and 30% the other drivers fault then the company that is 70% at fault should pay you 100% and then get 30% reimbursement from the other company.
In most intersection accidents both drivers can be held partially responsible for a percentage of the accident. A 70/30% split is pretty common in intersection accidents.
Since both parties are at least partially negligent for your damages, if you sue you MUST sue both of them at the same time. You only get one shot at this and if you only name 1 driver the court may only find them to be 30% at-fault and then you have just lost 70%.
If you do sue you should bring the following evidence
-police report
-photos of the car
- two estimates for the damages (normally the court will award the lower amount)
- copies of car rental bills/receipts. Most courts will not award you anything for future car rental. So if you have not actually rented a car you won’t get anything for that.
-Bring any independent witnesses to the accident.
In most states you are only entitled to car damages and incurred car rental expense. You can ask for time off from work etc. but you have it awarded to you.
Please keep in mind that winning in court is not a guarantee of payment. The court will not go and collect the money for you. You are still stuck trying to collect from the other parties.
Before you sue, let me suggest that you send a letter (or email) to both companies giving them one last chance to settle.
I would include in the letter that you are the innocent party and did not contribute to the accident. You should mention in the letter that one of the companies can pay you in full and then get reimbursement from the other company. Also, don’t bother threatening a lawsuit. Adjusters love it when people file a lawsuit because that means that that one of the company lawyers will do most of the work. Instead threaten to file a complaint with the insurance commissioners office. Most adjusters and supervisors hate insurance commish complaints because the adjuster has to explain their actions to the state and that is never fun.
Good Luck
Work Accident and Accident at Work Claims