Many common car accident injuries require medical appointments, rehabilitative therapy, and prescription medications. This can be very costly and add stress to your daily life.
Every car accident injury case has unique facts. However, there are certain aspects that are common in almost all cases. The following are a few of the most common challenges in car accident injury claims: 1. Pre-existing Conditions.
- Lack of Evidence
A lack of evidence is a legal term that means that one or more parties in a case do not have enough proof to convince a judge or jury to rule in their favor. Evidence can include witness testimony, DNA or forensic evidence and police reports.
In two-car accidents, it is usually pretty easy to determine fault and which driver should pay for vehicular damage and injuries. However, with larger crashes involving multiple vehicles, it can be more complicated to determine which drivers are responsible and how much they should each pay.
Additionally, some car accident victims experience non-economic losses such as scarring or disfigurement. These losses typically accompany personal injury claims for pain and suffering and can be hard to prove based on subjective observations. In some cases, it may be necessary to file a lawsuit in order to obtain compensation for these losses. Fortunately, most accident victims receive their compensation through insurance settlements instead of litigation.
- Insurance Coverage Issues
Whether your claim involves property damage or injuries, insurance coverage issues may emerge. If you have a disputed claim with the insurer, your attorney can file a lawsuit against the company and seek resolution in small claims court.
A common issue that can arise in a car accident is determining how much you are entitled to receive for your losses. Your attorney can consult expert witnesses such as vocational rehabilitation specialists, life care planners and economists to help paint a more comprehensive picture of your damages.
It is also possible for drivers to have insufficient or outdated auto insurance coverage for their needs. This could be the result of lying to your agent or provider about your accident, or it could occur if you allow your insurance policy to lapse. This can cause delays in your insurance claim and can make it more difficult to convince the insurance providers that you deserve compensation. This is why it’s so important to be honest with your agent and insurance provider about all of the relevant information surrounding your accident and damage.
- Insurance Adjusters
In car accident cases, insurance adjusters will need to interact with you and the other party involved in the crash. They will typically want to talk to you about your injuries and damage. Adjusters may also request a recorded statement from you. This can be tricky, as anything you say can be used against you later on. It is a good idea to avoid giving one in this situation.
An insurance adjuster will review the damages, based on evidence from the car accident and the insurer’s legal obligations. They will then calculate a payout amount.
Generally, insurance adjusters work for the insurance company that covers the at-fault party’s liability coverage in an accident. However, insureds can hire public adjusters who represent their interests against insurers and charge a fee for their services. In some states, it is illegal for an insurer to refuse to hire a public adjuster to handle a claim. This can result in litigation.
- Poor Decision-Making
Car accidents can cause life-changing injuries and financial losses that can put victims and their families under enormous stress. Dealing with insurance companies and legal claims can add to that stress, particularly if it is not handled by an experienced lawyer.
The law around fault, liability and claims is complex and constantly changing. For example, some states have modified comparative fault laws that deny the more-guilty party the right to recover any damages. There are also no-fault insurance laws, which require your own insurer to cover all of your accident expenses. Choose the best accident attorney in Carrollton ga to make things right.
Adding to that is the fact that the things you say at the scene of a car crash can be used against you later on. It’s best to refrain from commenting on what happened, and it may even be a good idea not to apologize. The words you choose and the way in which you say them will be interpreted by the other driver’s lawyers and their insurance company.