How to file a Car Accident Claim?

October 4, 2016 no comments Posted in car accident

car crash

Road Accident

An undesigned, unplanned and unexpected event that causes loss or injury is an accident. A road accident is an accident, on a public road, leading to the death or injury of at least one person. At least one road vehicle should be involved.

Car Crash:

A car crash, also known as motor vehicle collision(MVC) may result in damage of property, death and injury. A car crash occurs when a vehicle crashes into another vehicle, person, animal or an inanimate object. They have serious legal implications. A driver who violates traffic laws and causes an an accident, can be held liable for any damages or injuries caused.

road accidents

Liability:

Liability has to be established in order to win car crash accident settlements. It is important to prove who was at fault or who was responsible for the car crash. There are several factors that determine who is liable. Have an injury attorney look into your claim. The attorney will inform you whether you have a valid claim. He will also help you with the process.

Definition of Liability by law:

There are four basic levels of fault recognized by common law:

  1. Misconduct that is intentional
  2. Strict liability, even regardless of fault. This is imposed by the law to situations that are considered inherently and abnormally dangerous.
  3. Negligent behavior.- Harm or injury caused by carelessness
  4. Act of recklessness5. Wanton conduct – a willful disregard for the peoples safety

Car Accident Claims:

craashed cars

Report a car accident to your insurance company as soon as you can.

The process:

  1. Read you policy:
    Its a good idea to sit down and read your policy. Knowing the details of your duties and coverage will make the clams process much easier
  2. Have the relevant details in hand:
    A. The drivers name, his/her license no and license plate.
    B. Details of other drivers if more were involved
    C. The location, time and other details
    D. Your description of the accident.
    E. Details of the investigating officer, if a report was made.
  3. A claims adjuster who is assigned your file will contact you. The claims adjuster will guide you through the entire claims process. You may have to complete a claim form before you proceed. The adjuster will inform you, to what extent your insurance policy covers your claim.
  4. The insurance company will assess fault.
    The insurance company will look into the accident. The police charges filed due not influence the decision of an insurance company. They will use the Fault Determination Rules to decide who is at fault.
  5. If you don’t accept the insurance company decision regarding fault you may speak to your clams adjuster. Give any additional information, if available. You may contact your company’s complaint officer, if the insurance company s not ready to change its decision.
  6. If you decide that the cash settlement has not been fair. Research and find out the cost of your car at several places. Take this information to your claims adjuster. If you still disagree then it has to be settled by an appraisal under the Insurance Act. The clams process can be long and tiring for some. Hiring a lawyer, can help you get the results and the respect that you need.