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.
Check your state guidelines to see if the accident is considered “trivial” or not. Most states now have no-fault laws on the books. This means that only the car(s) were damaged and not the driver(s). If your incident is in this category, you will get insurance payments for medical and lost wages, but not anything else.
Check all cars involved for mechanical problems. An accident involving mechanical issues is litigated differently than one where the other driver was responsible. Review your vehicle. Are any of your tires popped or low? Did you hit a pothole during the accident? Do the same with the other party’s vehicle. Ask them if they have had any auto maintenance or repair lately. If so, get the name and phone number of their mechanic and copy down the information on their receipt. You might need it to get your compensation.
Assess the other party’s condition and culpability. How do they look to you? Is there a possibility they are intoxicated? If you notice irregularities in their speech, gait, or gaze, they might be. In this case, you stand to gain a large compensatory settlement due to punitive laws. Do you have any cause for believing the other party was distracted? Look inside their car, are their clues to indicate distraction? A coffee cup with the lid off, a loose CD that was being changed, or the on-board navigation system in the middle of search could all be evidence of visual and/or cognitive distraction.
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.
Next – Accident Compensation Claim