The legal definition of a car accident is when an automobile is involved in an occurrence that causes harm, whether it be harm to property, to person, or both. Usually it involves a collision with another motor vehicle. Here’s how to get compensation after an accident that wasn’t your fault.
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.
Decide if you need legal assistance. An attorney should get involved under the following circumstances: (1) You felt fine after the accident, so you decided not to get checked out. Soon after you began noticing physical and/or psychological impairments to your daily living. This could be whiplash, trouble sleeping, aches and pains, or anxiety. (2) You felt fine after the accident but after getting checked out, you received medical bills. (3) Any kind of medical bills whatsoever were incurred by you as a result of the accident. (4) Any kind of psychological/psychiatric bills were incurred by you as a result of the accident. (5) You missed out on an economic opportunity, such as a sales meeting or a day at work, as a result of the accident. (6) The other side was uninsured. (7) The other side’s company denied or delayed part of your claim.
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