In the US, drivers must compensate victims of traffic accidents through their liability insurance. States determine required coverage and eligibility for compensation. Victims should consult an attorney before contacting insurance companies and provide documentation to file a claim. Settlements can be reached out-of-court, but lawsuits may be necessary for larger damages.
In most jurisdictions around the world, a driver responsible for a traffic accident must compensate the victims who sustained injuries as a result of the accident. In the United States, motor vehicle accident claims are typically handled through the negligent or responsible driver’s liability insurance provider. A victim should first ascertain whether the driver had the required liability insurance, and if so, contact the insurance company and provide the required documentation to file an automobile accident claim. If the insurer is unwilling to acknowledge liability, or if the parties are unable to reach a satisfactory settlement for compensation, the injured party must bring a lawsuit against the negligent driver.
Within the United States, individual states determine what level of liability insurance coverage a driver must carry, as well as under what conditions a victim is eligible to recover compensation for injuries sustained in an automobile accident. Some states require a driver to be 100% guilty in order for a victim to recover damages for injuries; however, most states use comparative negligence, which entitles a victim to compensation even if she contributed to the accident, as long as the other party was more negligent. Before injured victims can file traffic accident claims, they must determine that they are entitled to compensation under the laws of the jurisdiction in which the accident occurred. Although an attorney is not required to file traffic accident claims, when the negligence is unclear, the advice and assistance of an accident attorney may be needed.
A victim can contact the negligent driver’s insurance company directly following an accident; however, a victim should remember that the insurance company is ultimately an adversary, which makes consulting with an attorney before contacting them an important step in most cases. To file an automobile accident claim, the injured party will need to submit various documents to the insurance company. Documents required can vary, but generally include a statement of the incident, an official police report, and verification of the victim’s injuries, such as medical reports and/or bills. Documenting additional “damages,” a legal term synonymous with injury, can include the cost of repairs to the victim’s vehicle and proof of wages lost as a result of the accident.
In many cases, the victims and the insurance company are able to reach an out-of-court settlement that compensates the victims for traffic accident claims. If an out-of-court settlement cannot be reached, car accident claims must be filed in court. For monetary damages less than a certain dollar amount, a victim may be able to file an appeal in local small claims court, which makes the process quicker and easier for a victim pro se or representing herself. self. For motor vehicle accident claims where the injuries amount to a substantial dollar amount, the case must be filed in a superior or circuit court where the rules are much more complicated and formal, making it almost essential that the victim obtain the services of an accident lawyer.
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