insurance claim
"an application for compensation under the terms of an insurance policy" "he filed an insurance claim for the stolen car"
how to claim insurance in car accident
The point of auto insurance is to have protection in case an accident happens. We all hope it never will because we see our rates spike, almost immediately. But it can be much messier in the short and long-term if you don't have coverage. This includes coverage for you and any other drivers (like young teens) in your household. Much depends on the state you live in and whether you were "at fault."
While this is true if you are completely to blame, this is not always the case if you are only partially to blame for the accident. It is not always clear to see from the offset which is the fault party when it comes to a road traffic accident. Some cases are clear cut, however, there are those cases that mean more than one driver is at fault or both drivers are to blame for a percentage of it.
Many personal injury solicitors often talk about ‘non-fault accidents’ regarding personal injury and very often it is clear who the non-fault party is. However, in some cases, both parties or more than one party has played a part in the incident and not just one particular driver carries all the fault. There can be disputes between parties as to who is to blame for a road traffic accident no one automatically is guaranteed the right to compensation by pursuing a personal injury claim. In some cases, it may go to court in order for a judge to find who the responsible party or parties are.
A car accident attorney can help you identify the damages if injured in an accident. To prove damages the attorney will require medical records that demonstrate how much your injuries will cost. If you are able, take photos of the scene and any damage to your vehicle. These can be used later to prove the fault of the other party and seek compensation.
Non-economic damages can include suffering and pain. The amount you pay for this kind of loss will depend on your personal experience, but it can be significant. Damages for this kind of loss are assessed using either the multiplier method or the per diem method. The attorney will determine which losses are eligible for compensation.
The identification of general damages is important. The extent of the damage will differ based on the type of injury you sustained. They also depend on your age and level of activity. These damages can cost you more than you anticipated and an attorney can help you identify them and secure the appropriate amount of compensation. An experienced car accident lawyer will be able to assist you determine what is fair and estimate the damage.
Emotional distress and pain are also types of losses that you are able to claim. Accidents can cause you to suffer pain and suffering, which can include diminished enjoyment and earning potential. The possibility of punitive damages is available when an unintentionally or reckless driver is to blame for the accident. An attorney for car accidents at Anidjar & Levine can examine the details of your accident to determine if these kinds of damages are available.
Insurance companies use various tactics to limit the amount of money you receive. They might try to avoid paying the full amount, and even use odds against you. An attorney who is specialized in car accidents can ensure that the adjuster does not make use of this. An attorney can negotiate with the insurance company on behalf of you and fight against the insurance company's strategies.
What happens when you report a damage-only road traffic collision (RTC)?
Northamptonshire Police will not investigate damage only collisions. This is a matter for your insurance company.
Where details have been exchanged, there is no need to report this incident to the police. Matters should only be reported to the police if no details have been exchanged or investigations by your insurance company show these are false. You can do this by either:
You will receive either an instant referral number or an incident number which you can provide to your insurance company to confirm you have reported the incident.
Reports will only be investigated when details have not been exchanged and there is enough evidence to investigate, for example, you can provide the registration number, make and model of the vehicle.
If you believe the collision has been captured on CCTV, please make enquiries with the owner of the CCTV before you report the collision to Northamptonshire Police.
A collision which has occurred in a car park (either private or public) will not be investigated. An incident in a public car park (where there is no control over access to the area, such as shopping centre car parks or petrol garage forecourts) will only be considered if the damage or injury is serious. A minor scratch/dent will not be investigated even if the other vehicle has failed to stop. This matter should be referred to your insurance company to progress.
What to do when you’ve been in a split liability accident
It is always advised that when you have been involved in a road collision to consult a solicitor as to where you stand as they will be able to give you a legal standpoint. We offer free, legal confidential advice and consultation with no obligation at all to appoint us as your legal representation so that you are aware of the next steps that should be taken.
What is a split liability agreement?
The term split liability refers to an agreement in which two or more parties share the blame for an accident. These types of claims are often also referred to as 50/50 claims, reflecting the percentage of the equal accountability that’s typically divided between two claimants.
Other common split liability proportions are:
75/25 split in your favour – you will receive 75% of the overall value of your claim from the other party’s insurance company as you admitted 25% liability
25/75 split in the other party’s favour – as you have accepted that you were mostly responsible for the accident, you will only receive 25% of the overall value of your claim from the other party’s insurance
For example, if you were involved in a road traffic accident and the other driver claimed that you were at fault for the subsequent damage, even if only partly at fault with just minor damage resulting, this would be a split liability claim.
If you accept split liability, you and the other driver would proceed with the claims process under the agreement that you were both partially to blame. To learn more about how to make split liability claims, what these agreements typically look like and how much you could be entitled to for your claim, please read on.
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