You’re a mom of three driving slowly in the school zone when another car rear-ends you. The result isn’t just car damage. You’re also injured—possibly with a concussion. For many people in your situation—even when you know you didn’t do anything wrong—the first question is, “Do I have a strong car accident claim?”
Fault may seem simple, but car accident claims involve many elements when assigning fault. When evaluating claims, consider the evidence, applicable laws, police reports, and the circumstances. Beyond the initial car damage, there could be injury to you or your passengers, lost work and wages, and many other expenses that are not evident immediately after an accident. But if someone hit your car and caused damage and injury, it is worth exploring how you can get proper compensation.
Here Are 7 Clues That You May Have a Strong Accident Case
1. The Other Driver Clearly Caused the Accident
As in the example above, you were following road rules, and the person who hit you was not. If the other driver rear-ended you, they were probably going faster than the school zone speed limit and may have been distracted or driving aggressively. Evidence gathering by the police may determine fault by the other driver for your car accident claim. Fault is not necessarily determined by who is cited for the violation. Law enforcement will provide a police report that can draw on photos, video footage, witness statements, damage to the cars, road conditions, skid marks, and injuries to those involved. Fault can also be challenged, which is why evidence, statements, and reports can help you make a strong car accident claim for fair compensation. Keep all documentation and keep gathering it as the process plays out.
2. You Compiled Evidence from the Accident
To piggyback on the previous clue, evidence is what supports a strong car accident case. Medical care and determining if you and your family are okay are the first things to do after a collision. If there is any question about your well-being, you should immediately seek medical care. If you are okay, documenting the scene should be your second task. Photographs provide strong evidence of what happened, road conditions, and damage. Also exchange information with the other driver, and note any witness statements from anyone who saw the accident. Some of this may be included in the police report, but keeping your own documentation is an added advantage to prove your claim. Keep everything related to the accident.
3. You Pursued Medical Treatment Post-Crash, and Documented Care
Any injury that results from a car crash should also result in a trip to the emergency room or appropriate medical professional. Making sure you and your passengers are okay after the accident is important for your health and any claims you file. Retain all medical records to support claims and use as evidence if those claims are disputed or questioned for fault or restitution. Following those medical recommendations and care plans is also key to connecting the accident to the injury and documenting injury caused by the accident. This can also include keeping notes yourself in a Pain Journal of ongoing symptoms. The more information you have recorded about your injury, the more support you have for your claim. Medical care may not be extensive or ongoing, but keep initial exams and/or ongoing treatment as documentation for a strong car accident claim. Connecting your injury to recommended treatment will increase your claim’s strength.
4. Personal Significant Financial Loss is a Result of the Crash
There is a significant, possible list of financial implications of a serious car accident. A serious crash can cause vehicle damage and lead to towing fees, rental costs, or insurance increases. Medically, there are costs involved with emergency care, ongoing surgeries or therapies, and trauma treatment. This can also cause you to miss work and maybe salary. If a strong car accident claim isn’t settled with necessary compensation, you may also have to seek legal counsel. Documentation of these costs will help you prove these financial claims. Attaining medical records from your medical appointments, receipts from car-related damage, and pay stubs or tax records from any lost wages will demonstrate the scope of the losses. You should also have documentation relating to the car value, condition, etc.
5. The Evidence Doesn’t Match the Other Driver’s Statement
Accounts of what happened during a car accident often differ between drivers. This doesn’t necessarily weaken your case. The physical evidence, including photographs and witness statements, often contradict or simply don’t support the other driver’s statement. It is also important to be honest about injuries or pain after the accident. Insurance companies will look at all gathered evidence to investigate everyone’s claim. They will review physical evidence, police reports, and witness accounts against the policy terms. If there are disputes about what happened, they may conduct in-depth interviews with those involved to gather more information. Driver’s accounts of what happened will need to be supported by strong evidence to complete a strong car accident claim.
6. You Have Followed the Steps for your Claim
After an accident has occurred, there are certain steps to follow for an insurance claim. We have talked about steps to follow at the scene, such as exchanging information and taking pictures, but what comes next? Be careful about comments made to others immediately after the accident. If you say “I’m okay,” it can be taken out of context later if you need medical care. Most policies require timely reporting of an accident. Reporting the accident to the insurance company quickly helps start the claim process and helps you meet timely-reporting requirements. You will also need to communicate promptly with anyone at the insurance company involved in your claim and respond to communications promptly. Communicate honestly and cautiously with the adjuster, and keep comments to topics relevant to the claim. Refrain from posting pictures or comments on social media and keep communications between the parties and the insurance companies. These posts are in writing, can become part of the case, and can sometimes be taken out of context.
If you are unsure about how to handle any part of your communications for what you view as a strong car accident claim, you always have the option of contacting a legal professional as a guide. Personal injury attorneys are a great way to ensure your rights are protected and that you don’t have to go through the process alone.
7. The Damages Sought Can Be Directly Connected to the Accident
Not to belabor the point too much, but after an accident has occurred and the claim is in process, you should be able to draw a direct link between what happened and damage compensation in your claim. The evidence should establish how the accident occurred, the driver’s actions, and the resulting crash. Physical evidence, police reports, and medical documentation should then support the accident evidence with treatment and damages. Medical diagnosis, job loss information, pain journals, and treatment plans will provide the support needed to justify the claim. Tax records and insurance valuation of car damage or loss will support vehicle liability. Diligent documentation and follow-up with all parties involved will make a strong car accident claim. If these important steps are not followed and a through link isn’t established between the accident and supporting evidence, by contrast, a claim may not result in the compensation desired.
Do I Have a Strong Car Accident Claim?
It is okay to seek a legal opinion if you are not sure you have a strong case. Help is available to navigate the scary ramifications of a car crash. If someone else caused the accident, always retain all relevant evidence and supporting documentation, report it, and seek medical care if needed. Also, avoid calculating damages yourself. You may not be considering all the elements of loss or injury. These costs can go well beyond initial car damage and the emergency room. Each accident is different and varies based on the people involved, the circumstances, road conditions, and other factors. It can be a lot to sift through and may require help from a legal professional.
For peace of mind, it may help to talk to someone who can guide you through a legal claim.
Call Keys Law Offices Today!
A personal injury claim from a car accident that is not handled correctly can disrupt your life in an instant, leaving you with stress, injuries, and unanswered questions about what comes next. At Keys Law Offices, we are determined to support individuals and families struggling with such issues and offer them advice and representation in personal injury accident cases and other personal injury claims. With deep knowledge of how these cases are handled, our firm will strive to get to the bottom of the case, develop a strong claim, and seek the financial compensation our clients deserve.
Assistance is available, and help is only a phone call away.