A car accident can disrupt the entire life of a car accident victim. It’s not just about injuries, but also about several other damages, including the loss of jobs, properties, pride, and peace of mind. However, there’s hope for obtaining material aid to help them recover from the material loss and regain peace of mind. But, in order to receive fair compensation or an insurance claim, you need to file an accident claim following the due process.
Most importantly, understanding car accident claims and your rights will help you receive proper compensation. If you have been injured, this guide will help you make the right decision step by step. Let’s explore.
Accidents cause devastation, and victims go through traumatic experiences, physical or psychological. But there are several essential tasks that must be handled properly. From ensuring personal safety to gathering evidence, a victim must handle the accident scene properly and get it handled. We have outlined several key steps to take immediately after a car accident.
Ensuring your personal safety should be your top priority in case of an accident. Check if you have received any injury that needs immediate medical attention. If you have received any injury, stay inside the car and call emergency support. Stay inside the vehicle until they arrive. Alternatively, you can also move yourself and your car to safety. If you have any visible injury, seeking medical assistance should be your priority.
The next step you need to take is to call medical support or emergency services. For example, call 911 and wait for their arrival. Remember, calling 911 is a must, even if you do not receive any injuries. The reasons: Hidden injuries can worsen without prompt intervention. Hence, it is essential to seek a medical evaluation as soon as possible after a car crash.
Reporting your case to the police will strengthen your claim. It will help you gather evidence that you can produce as proof when you seek compensation or file claims. Additionally, police conduct thorough investigations, as they have investigative experts to handle car accident investigations separately.
Obtain the complete details of other drivers, such as their name, address, contact number, vehicle numbers, license number, insurance provider, and other relevant information. It will help you process claims better.
You must gather evidence by collecting everything related to the accident site or scene. It will protect your legal rights and play a crucial role in seeking insurance claims. When you have a record of the evidence, your car accident lawyers can easily prove fault and establish damages. This evidence will also help navigate the insurance claim process and inform any subsequent legal action.
The next step you must take in a car accident is to hire an experienced attorney with expertise in handling car accidents or personal injury cases. A good and professional car accident lawyer will help you secure a fair claim and fight your case in court if there is any denial.
Car crashes bring a bundle of hurdles, costing not just physical injury, but also emotional trauma, financial burdens, distress, and more. Amid overwhelming experience, car accident victims do have legal rights to protect themselves from further damages. Understanding your legal rights promptly after a car accident will help you receive proper compensation and prevent further disruption. Below are the points you need to understand the rights you have if you ever experience this unfortunate incident—a car crash.
The first thing you need to know about a car accident is the type of damage you can claim. There are several types of damages you can legally claim from insurance companies in car accidents. It can be medical bills, lost wages, pain, and suffering.
Statute of Limitations for filing a car accident is the legal time limit you have to file lawsuits or claims. It widely differs from one state to another in the United States. For example, the table below explains the time limits set by each state in a personal injury case.
| STATE | DISCOVERY RULE | PERSONAL INJURY SOL |
|---|---|---|
| Arkansas | Ark. Stat. §16-56-105, §16-62-102 | 3 years |
| Colorado | Colo. Rev. Stat. §13-80-101, 13-80-102 | 3 years |
| Washington, D.C. | D.C. Code Ann. §12-301, §16-2702 | 3 years |
| Maine | Maine Rev. Stat. Ann. Title 14, Ch. 205, §752; Title 18-C, Part 8, §2-807 | 6 years |
| Maryland | Md. Ann. Code §5-101, §3–904 | 3 years |
| Massachusetts | Mass. Gen. Laws, Art. 260, §2A, 4 | 3 years |
| Michigan | Mich. Comp Laws §600.5805(9) | 3 years |
| Mississippi | Miss. Code Ann. §15-1-49 | 3 years |
| Missouri | Missouri Ann. Stat. Title 35, §516.120, §537.100 | 5 years |
| Montana | Mont. Code Ann. §27-2-204, §27-2-207 | 3 years |
| Nebraska | Neb. Rev. Stat. §25-207, §30-810 | 4 years |
| New Hampshire | N.H. Rev. Stat. §508.4 | 3 years |
| New Mexico | N.M. Stat. Ann. §37-1-8, §37-1-4, §41-2-2 | 3 years |
| New York | N.Y. Civ. Prac. R. §214, N.Y. EPT §5-4.1 | 3 years |
| North Carolina | N.C. Gen. Stat. §1-52, §1-53 | 3 years |
| North Dakota | N.D. Cent. Code §28-01-16, §28-01-18 | 6 years |
| Rhode Island | R.I. Gen. Laws §9-1-14, §9-1-13, §10-7-2 | 3 years |
| South Carolina | S.C. Code Ann. §15-3-530 | 3 years |
| South Dakota | S.D. Comp. Laws Ann. §15-2-14, §15-2-13, §21-5-3 | 3 years |
| Tennessee | Tenn. Code Ann. §28-3-104, §28-3-105 | 1 year |
| Utah | Utah Code Ann. §78B-2-307, §78B-2-304 | 4 years |
| Vermont | Vt. Stat. Ann. Title 12, §512; Title 14, §1492 | 3 years |
| Washington | Wa. Rev. Code Ann. §4.16.080 | 3 years |
| Wisconsin | Wisc. Stat. Ann. §893.52, §893.54 | 3 years |
Data Source: Forbes
We have mentioned the states that provide statutes of limitation of less than and more than 2 years. Tennessee is the only state that provides 1 1-year SOL in the list. The states that we did not mention here offer a 2-year statute of limitations. You can review the data for SOLs and consider filing personal injury claims accordingly. If this table sounds overwhelming, you can connect with us to get a FREE case review, understand the SOLs by state, and even connect you with experienced personal injury lawyers.
Comparative and contributory negligence laws are enacted in states in the United States to determine liability and apportion blame. Both the plaintiff and the defendants are asked to pay and receive, or vice versa, based on the degree of fault, or are completely barred from recovery and receiving compensation. For example:
This law allows plaintiffs and defendants to receive claims based on the degree of fault assigned to each party. That means if the victims are 20% at fault, they will receive 80% of the total compensation amount. There’s another part of comparative law called Modified Comparative Negligence. In this, the car accident victim receives compensation if they are at fault within 50% to 51%.
However, these rules are not applicable in every state in the United States. Besides, they are complex laws; hence, you must seek help from experienced car accident lawyers to ensure your rights are secured without falling prey to this complex law.
This law is strict as a car accident victim with even minimum at fault is not liable to get any compensation. However, Alabama, Maryland, North Carolina, and Virginia and a district of Columbia follow contributory negligence law.
Car victims must know and understand three main things: communication, their legal rights, and preparation. Apart from these, you need to know how insurance companies work and deal with insurance holders while seeking claims. We have suggested ways to effectively deal with insurance companies by explaining how they operate. Let’s explore.
According to the rule, insurance companies investigate car accidents to determine the liability and fault of the car’s victims. They do this to decide the amount to be paid to the victims as compensation or claims. But, nothing happens as said. They have aggressive negotiators who pose challenging questions, which can be uncomfortable or overwhelming. That’s why hiring experienced lawyers with expertise in handling car accident cases will make the claim process easy.
However, these tactics can be countered effectively by experienced personal injury lawyers. They are experts and understand the practice insurance companies follow. They know how to downplay their tactics to help victims secure the claim they deserve.
If you believe your fault is unclear or you are not sure if you can effectively convince insurance companies to compensate the amount you deserve, you need a lawyer. You must seek guidance from experienced personal injury lawyers who understand every complex claim process of insurance companies and the tactics they apply to reduce compensation. Apart from all these, you must consult a lawyer when:
Several things determine fault in car accidents. From police reports, witness statements, and drivers’ statements to physical evidence, surveillance footage, and the type of negligence, all can play a crucial role in determining fault. Your insurance provider will use the given information to decide liability and fault. This also includes State laws and norms to determine fault and then the compensation amount. We have explained the factors that determine fault. Let’s explore.
When you seek an insurance claim for a car accident from your insurance provider, the first thing they ask for is a police report. It’s crucial. It is the first thing that ensures a neutral account of the accident, as a police report covers a number of things, including authentic reports on the accident, driver statements, comprehensive witness information, and proven observations from investigators.
Statements from all involved parties and third parties are compared to determine who is at fault. Your insurance companies assign insurance adjusters who investigate your claim by taking statements from the parties involved and then comparing the statements from the eyewitnesses.
Insurance investigators investigate traffic violations to determine if any traffic laws and regulations are being broken. This helps investigate and determine fault easily. However, this is not the final evidence to prove fault.
Investigators also review footage from surveillance systems in the area to identify and determine the cause of the fault. Apart from these, photographs of damaged cars also help assess fault.
After a car accident or in the aftermath of a car accident, you have two options: First, you need to file an insurance claim with the insurance provider, and second, you need to file a lawsuit to seek compensation. Filing for a claim is when you know The Other driver is clearly at fault. In that case, you can seek compensation or a claim amount from the at-fault driver’s Insurance Company. Filing a loss is always a secondary option when your Insurance claim is denied or you find any loopholes.
When you seek a claim from an insurance company and your claim is denied, reduced, or denied, you have the option to file bad faith lawsuits against the insurance company. In negotiation, the claim is finalized outside court, which is less expensive, less stressful, and offers a quicker solution. However, trials are often time-consuming and involve risks, but provide higher compensation.
In a personal injury case, lawyers from both sides gather information and documents. This process is known as the discovery process. You need to keep evidence and documents ready so they can get the documents and proof that you have collected.
Additionally, you will need to obtain contact information for eyewitnesses to provide to your lawyer. Apart from this, you must prepare yourself to answer questions from lawyers from insurance providers. They will not show any mercy by asking you hard and challenging questions. Hence, it is crucial to prepare yourself in advance.
Did you know that the early legal counsel will help you effectively protect your legal rights and maximize compensation in car accidents?
However, you can decide when to hire a car accident lawyer based on the situation you are going through. If the car accident is minor and you haven’t suffered any injury, you may decide to approach the insurance provider without any help from lawyers.
However, if you believe the insurance adjuster minimizes or downplays your injury, let an experienced lawyer handle this situation. Apart from this, there are several other situations and factors that you must go through to determine if you should hire lawyers or not.
Even though there is no fixed rule to hire or not to hire lawyers in car accidents, some situations in car accidents make legal help a must for you. First, if you are not familiar with insurance matters, you need an experienced personal injury lawyer to help you navigate your insurance claim smoothly. Apart from this, there are several other situations when you must consider hiring a good lawyer with good hands-on experience in handling personal injury cases. We have outlined a few key points that you should take into consideration.
Picture this: a car accident victim from Texas hires a personal injury lawyer from New York or Mississippi. They might have gotten a good deal hiring lawyers, but hiring lawyers from distant locations is not always a good choice. They may not be fully aware of local laws, as they vary widely from one state to another. Hiring a local attorney for personal injury cases has several benefits, including;
It’s a “no-win, no-fee policy” in which lawyers will not charge even a single penny before securing compensation or a claim. If they lose the case, the client does not have to pay a fee. However, if the case or claim is won or settled, lawyers receive a payment as a percentage of the recovery amount or as mutually agreed upon.
Even though the driver at fault is the one who violates traffic laws, harms others intentionally, and drives vehicles negligently.
For smooth navigation of car accident claims, understanding the subject matter, sector, and complexities is crucial. You may not be qualified enough (unless you are aware of the legal or traffic laws) to deal with the complexities and tricks of the system and insurance companies. Hence, having the right and experienced personal injury attorneys will make the most difference. They possess a thorough understanding of local laws and know how to navigate the complex tactics of insurance companies effectively.
You know your needs, and therefore, you should prepare some questions related to your problems. You need to determine if the lawyer can effectively assist you. As we are not aware of the actual incidents, we have prepared some general questions that you can ask your lawyer.
To understand their experience in a relevant case and subject, you can ask the following questions;
For understanding their fee per case and costs, you can ask the questions mentioned below;
Additionally, you can prepare some questions tailored to your specific needs and requirements. Do prepare questions in advance before approaching or finding a personal injury lawyer near you.
You can also connect with us to receive a free case review and work with your desired lawyer, who charges nothing upfront.
Lacking experience, guaranteeing results, poor communication, or no idea about the personal injury cases or local laws are some of the top red flags you need to avoid. The best method to hire the right lawyer is to connect with an agency like MVA Attorneys to help you select the best lawyers near you for your personal injury cases.
Lawyers with experience in personal injury cases can effectively navigate the complex cases. They are aware of the tricks and tactics used by defendants and insurance companies. Additionally, they have extensive networks that enable them to investigate cases and obtain the desired claim for you thoroughly.
This comprehensive guide contains every detail about car accident claims, as well as everything in between. We have put all our effort into providing a one-stop guide here. However, we are also experts in personal injury cases and can help you comprehensively whether you want to file a car accident claim, a lawsuit, or hire personal injury attorneys. MVA Attorneys is the right spot to serve all your needs.
Yes, it's necessary to call the police and report the accident, regardless of the type of case. Whether it is a serious or minor accident, a police report will help you easily prove your case before the insurance company and get a claim and compensation.
Insurance companies will pay for the damage if the driver is insured. However, you have several other legal options to get paid for the damage or personal injury. Connect with the MVA Attorney team and get a free case review and all the support you need firsthand. We will also help you connect with lawyers of your choice, in your region or near you.
We have explained the Statute of limitations for each U.S. state. Revisit the section to understand. However, each state has its own laws, and they have different timelines (Statute of Limitations), ranging from 2 years to 3 to 6 years.
A car accident is a traumatic experience where the victim is overwhelmed. Undoubtedly, they have plenty of things to deal with, including physical injuries, medical bills, and potentially emotional distress
Car accidents are unpredictable, so it’s important to be prepared. Knowing what to do after an accident—minor or major—can help protect your rights and ensure smoother compensation.
