What To Do If You’ve Been Injured In A Car Accident That Wasn’t Your Fault
Car accidents occur when one or more motor vehicles cause harm, either to the other vehicle, to another’s property, or to the life or person of a driver or onlooker. If you’re sure the accident wasn’t your fault, take a look at the following checklist to determine your next steps.
Determine if the accident is legally “trivial.” An accident where there is absolutely no physical injury or any damage whatsoever besides that to the car, will usually be considered a “trivial” accident. Every state has their own definition, called a “no-fault law.” If you live in a state with no-fault laws, you can’t sue over trivial accidents. Even if you live in a state without this law, your case might still be thrown out due to triviality. In this situation, just exchange insurance information, get a medical examination, and go on with your life.
Determine if there was mechanical error involved. Though rare, it’s important to consider the possibility of mechanical error in any of the vehicles at the scene. If the vehicles recently had mechanical work performed, you will have an entirely different claim; one of defective product or services, as opposed to a claim against the other party. Inspect both vehicles to see if there are any popped tires, loose bolts or fittings, or other road conditions present (such as an oil slick, pothole, or black ice) that may have contributed to the accident.
Figure out why the other party was at fault. The reason why the other driver was at fault is very important in determining both how to file your claim (through their insurance company or through a lawyer) and how much your claim is worth. If the other driver was clearly distracted, either using their cellphone, watching an on-board TV, operating the on-board navigation, or talking to another passenger, then you will have a case for punitive damages. That is because most states have punitive laws to discourage that kind of behavior. If the other party was intoxicated, then you will be able to receive even more in damages under punitive statute. Take in your surroundings: What is the speed limit of the area, was there a stop sign or a yield sign they did not obey? Did they “California stop,” (slow down rather than fully stop at a stop sign)? Is it a school zone? Any, minor violation of traffic law will aide your case.
Assess your need for an attorney. Attorneys don’t always have to be involved and if your case seems clear-cut, with no possibility of physical injury, just work through the insurance company. But if there is any chance of bodily harm, go to a doctor. It will be their responsibility to pay. Whatever your medical bills following the incident, they should be added to the claim. If you have any medical expenses beyond the copay, you should hire an attorney. Often one medical expense can correlate to future expenses. Take the case of victim x. Victim x was in a relatively minor car accident but suffered some whiplash. Thinking it was a great deal, she chose to take the other party’s insurance settlement without a lawyer (a total of 5K.) With time, her whiplash injury led to some neck issues at work. And over the span of 10 years, she suffered losses in sleep deprivation, discomfort at work, and massage and chiropractor bills. Though nobody can foresee these kinds of circumstances, a lawyer will at least know what contingencies the law provides for. Since you are only entitled a single settlement, you should always seek the maximum amount in case things get bad later on.
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