At Fault for Negligent Driving? Here’s How to Legally Protect Yourself
Suppose you are injured in an accident due to someone’s negligent driving. In that case, you are entitled to compensation for injuries, damage to property, loss of income, pain, and suffering. However, getting the fair settlement you deserve can be challenging because the at-fault driver can dispute your claim. Fortunately, there are different measures you can take to recover damages. Here’s how to legally protect yourself.
It is important to seek medical treatment soon after the accident to prevent further harm. Some injuries might not be immediately apparent, but they can manifest later. Therefore, you should visit a doctor who will diagnose all your injuries and recommend the appropriate treatment. Additionally, the doctor will write a medical report used by insurance companies to determine the compensation they can award to the accident victim. You must also follow all the treatment instructions or risk losing your legal right to settlement for your injuries.
Report the Accident
You must report the accident to the police so they can attend the crash scene. The officer’s job is to assess the scene to determine the driver who was at fault. The officer will make diagrams to mark the position of each vehicle. They also ask witnesses at the accident for details that can help them compile a police report. Without a police report, any insurance company will dispute your compensation claim. However, you must never accept responsibility for the accident. You should also know that you have a legal right to remain silent.
Hire a Lawyer
Dealing with a compensation claim while recovering from your injuries can be challenging. The process of litigation also involves many things. Therefore, if you are involved in an accident caused by someone driving under the Influence, it’s a good idea to engage the services of a professional accident attorney to handle your case. Attorneys have experience in dealing with similar cases and can also help with investigations. Lawyers can also negotiate with insurance companies to increase your chances of getting a fair settlement.
Different factors determine liability in an automobile accident caused by negligent driving. For instance, if a driver under the influence cuts in front of your vehicle and causes a crash, they will be liable. However, proving negligence is challenging, so you must gather all the necessary evidence to support your claim.
To win your negligence case, you must prove that the at-fault person owed you a legal duty and they breached it by acting negligently. You also need to prove causation by the defendant is what led to your injuries. Finally, you must show that the defendant’s actions caused your injuries with as much physical evidence as possible.
You need credible evidence to prove negligence in your compensation claim. You can achieve this by taking photos at the accident scene and recording statements from witnesses. You also need to exchange details with the other driver. Gather all documents, including your medical report, police report, medical bills, and other expenses related to your injuries.
Report to Your Insurance Company
You need to report the accident to your insurance company so they can dispatch an adjuster to assess the damages. However, you should know that insurance companies are in business. Therefore, you should be careful about what you say since they can use the information against you. Don’t talk to investigators from the other insurance company. Leave your attorney to handle all communications.
File a Compensation Claim
Most accident claims are settled out of court. Once you have gathered all the necessary evidence to prove liability, you must send a letter of demand to the defendant or their insurance company. You must state the details for the compensation claim and the amount you expect. Once the defendant receives the letter of demand, they will get back to you, and negotiations will begin.
It’s a good idea to let your attorney handle the negotiations to increase your chances of getting fair compensation. Do not fall for the first offer since most insurance companies are interested in protecting their business interests. If you fail to settle, you can file a lawsuit, and your case proceeds to court.
If you’re involved in an accident caused by someone’s negligent driving, you are entitled to compensation for your injuries. There are different steps you should take to protect yourself legally. You must get treatment and report the accident to law enforcement. It is essential to gather evidence that can help you support your claim. To increase your chances of winning the case, you need to consult an accident attorney to handle your case.