Even small car accidents can feel traumatic, but don’t let anxiety or relief cloud your senses. There are certain steps you should immediately take to ensure you get compensation for an accident that was not your fault.
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.
Determine if there was mechanical error involved. Though rare, it’s important to consider the possibility of mechanical error in any of the vehicles at the scene. If the vehicles recently had mechanical work performed, you will have an entirely different claim; one of defective product or services, as opposed to a claim against the other party. Inspect both vehicles to see if there are any popped tires, loose bolts or fittings, or other road conditions present (such as an oil slick, pothole, or black ice) that may have contributed to the accident.
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.
Think about getting a lawyer. It is imperative to receive a medical examination immediately following your accident even if you feel okay and/or are uninsured. The health care costs will be part of your claim. If the doctor gives you a clean bill of health, do not seek legal assistance but work through the other party’s insurance company. If their company won’t pay the full cost of damages, whether these be medical, property, lost wages, rental car costs or others, then seek legal help. If they delay payment for whatever reason, seek help. Lastly, if the other party is uninsured, do not allow them to leave the scene, call the police and obtain legal advice immediately.
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