What Is an Accident Claim?
A claim for accident compensation is an official request to your insurance company following a car accident. Your insurance provider will determine fault based on all evidence available including police reports and witness statements.
Documenting the scene and taking photographs will help to prevent your claim being reduced to just your word against the other driver. Other evidence sources could include:
Medical bills
Car accident victims frequently have to pay a large amount of medical bills after an accident. This can be a stressful experience. Victims may not be aware of who is responsible for paying their medical expenses and how they will be able to make ends meet. Fortunately, there are many different ways to have your medical bills paid following an accident.
If you were injured in an automobile accident the no-fault insurance provider will cover the initial medical bills up to $50,000 per person. But, you must file an application for benefits without fault within a year after the crash. If you do not then you’ll lose your ability to have these bills paid. You must also send your claim to a legitimate insurance company. For example, if you were on the job and you were involved in an accident, the no-fault coverage will be offered by the auto insurance policy of your employer and not your own personal policy. A lawyer can help you in determining the right insurance companies to call.
Many drivers choose to include medical payments or “MedPay” in their auto insurance policies along with no-fault coverage. This insurance will pay for the medical expenses of the driver up to the policy limit. The policy does not have a deductible and does not affect the premiums of health insurance. It is a good idea to take advantage of this insurance to cover your medical bills, as the amount of medical expense will be added to the settlement when you settle your car accident claim.
It is also essential to keep meticulous documents of all medical expenses that are incurred as a result of your Accident Lawsuit. It is up to you or your lawyer to forward these records to the appropriate insurance companies. This will allow you to establish the amount of money you should receive from the person who is at fault for the injury-related expenses.
After a favorable settlement is reached the insurance company will have a contractual right of reimbursement for any amount they have paid on behalf of you. Subrogation is a legal procedure. Let’s say for instance that John suffers injuries by an accident and racks up a total of $20,000 worth of medical bills. He transfers the bills to his health insurance company, which will pay and discount the cost. His lawyer collects the amount not reduced from the person at fault as part of the settlement.
Property Damage
Property damage claims include the loss or damage to personal or commercial property. A car accident victim, for instance, could file a claim to cover the repair or replacement cost of their vehicle that has been damaged. The insurance company of the driver who was at fault will reimburse the victim’s expenses with the exception of the deductible. This type of settlement also covers any depreciation of the car.
The type of damage covered by an insurance policy is dependent on the coverage limits, deductibles and other terms and condition. Examine the policy to determine what types of damages are covered and the limits. Making a claim for property damage can also affect future rates and premiums particularly if it is an ongoing claim.
In the event of filing a property damage claim, it is essential to have all pertinent details, including the date of loss, a copy of the police report and receipts for the items damaged or lost. It is also helpful to have a certified estimate of the cost of repairs or replacement.
Once the claim is filed The insurer will then send an adjuster who will evaluate the damage. It is usually best to be present during the inspection to ensure you can inform the adjuster exactly what was damaged or lost and answer any questions.
Most insurance policies cover property damage liability. This type of coverage helps cover the cost of damage to other people’s vehicles or personal property as well as structures but doesn’t generally cover the vehicle of the crash victim’s or belongings.
It is crucial to make a claim for property damage as quickly as you can. If you delay too long and the insurance company isn’t ready, they may think that the accident could have been prevented and be less likely to pay your claim. You should also speak with an attorney who has experience in car accidents prior to accepting an offer from an insurance company to ensure that you get the most you can for your losses. They can help you calculate the full amount of your losses, including those relating to the diminished value of the resale value of your vehicle.
Lost wages
If your injuries prevents you from earning a steady income and working then you are entitled to compensation for the loss of wages. The easiest way to calculate this is by simply looking at the amount of time you’re absent from work, or in more complicated situations, a doctor may give you a value for your injury based on the potential loss of future earnings.
The first step in proving lost wages is to get a doctor’s note which outlines clearly your injuries and the types of limitations you have on your ability to work. This letter needs to be reviewed regularly as your condition gets worse or improves.
You will then need to collect all of your pay slips as well as other wage-related documents. You can seek assistance from an attorney in this process. You’ll need to submit all financial documents, including bank statements, invoices, receipts and profit and loss statements. The more information that you can provide to back your claim the more evidence you can provide.
In addition to the actual loss of wages, you must also include any other benefits or compensation you could have gotten if you were able to work. Included in this list are pay bonuses and the use of a golf cart or company vehicle, accident lawsuit as well as any other benefits that are not normally associated with your regular wage.
Additionally, you should list all expenses you faced due to the injuries that caused missed work, such as hiring someone to do household chores for you. This is an important element of your case as it demonstrates that the accident has had a wider impact than just your physical health.
In some accidents the injuries you sustain are so severe that they keep you from returning to work. This is known as permanent impairment and can be included in the damages award. It is a type of non-economic damages that are meant to make you whole after the accident. If you were injured in an accident lawsuits in Houston and are disabled from working and have been unable to work, you should consult an experienced lawyer to assist in filing a claim.
Suffering and pain
The injuries sustained in accidents can cause significant suffering and pain for the victim. This pain and suffering may not be quantifiable like the cost of medical treatment or lost wages, but it can still result in the settlement of an accident claim. The victim might experience physical or mental discomfort as a result of the injury. It encompasses a variety of damages including emotional trauma and loss of enjoyment.
The physical pain caused by personal injuries can last days weeks, months or even years. The injuries that cause mental trauma can be extremely severe and cause permanent damage. These are referred to as general damages, and they cannot be determined by a number or document because they are intangible.
Insurance companies use a variety of methods to calculate pain, suffering and damages. They can assign a dollar amount to each day of pain or apply the per-diem approach. In the former there is a certain amount of money is given for each day you’ve been suffering from an accident. The amount you are awarded is determined by the severity of the injury.
Most times, the best method to support your claims of suffering and pain is to get eyewitness testimony. This is especially important when your witness is close to your family, such as a spouse, or loved one who can speak about the effects of your injuries your daily life.
The written declarations of relatives and friends are also powerful evidence of the effects of a traumatic injury. They can explain how the accident affected your lifestyle and help you establish that your injuries are serious enough to warrant compensation for pain and suffering.
It is not easy to put a dollar value on subjective harms like pain and suffering, but an experienced lawyer can help you secure the entire amount to which you are entitled. An attorney can gather all the necessary evidence to support your case and negotiate with the insurance company on your behalf.