What Should I Consider Before Filing an Auto Accident Claim?

You might consider taking legal action against the responsible party if you have been seriously injured in an accident. Although obtaining compensation can help you through the difficult days ahead, it is not a guarantee that you will receive your claim.

In the end, the insurer will often seek out ways to minimize their liability in order to reduce your settlement. To ensure that the claims adjuster doesn’t find fault with your account of events, you must build a strong personal injuries case.

Did You Cause the Wreck?

  • You will not be able to file a personal injury claim if you are entirely responsible for the collision. California uses a comparative negligence system to handle car accident claims. This means that you won’t be able file for damages if the other party/parties has at least some responsibility for the accident.
  • You might also be partly responsible for the accident. For example, you may have made an illegal lane change just before impact.

Did I Seek Medical Treatment?

  • A visit to the doctor is a crucial step in building a strong personal injuries case. You will not only have difficulty proving your damages without current medical records, but also the opposing parties will be able to dispute the extent and cause of your injuries.

Did I Keep Track of My Damages?

  • You will not be entitled to compensation for personal injuries if you don’t have sufficient evidence. This evidence could include receipts from home or vehicle modifications and invoices for the treatments you received.

Was I announcing something that could lead to disputes?

  • Your words can have a tremendous impact on your claim, regardless of whether they were made immediately after the accident or over the phone to an insurance company representative. Your comments can be used to challenge liability if, for example, you admit fault at the accident site. Alternately, statements made to an insurer may be misrepresented or taken out of context to question your credibility.

Summarized from an article by Harris Personal Injury Lawyers.