Often members of the public view the insurance company as the primary player in the resolution of disputes that were created by an automobile accident. Yet the insurance industry does not have the answer for all of the questions that arise, following a car accident.
The most significant question: Who was at fault?
The claimant’s chances for proving fault increase when one or more witnesses can support the claim made to the insurance company. In the absence of witnesses, 3 elements of proof must be presented, in addition to the gathered evidence.
–Proof that the defendant had a duty of care towards the claimant/plaintiff
–Proof that the defendant breached that same duty of care
–Evidence that proves the link between the defendant’s breach of duty and the accident-caused injuries
Sometimes the evidence indicates that the injured victim should share some of the blame for the accident, and the resulting injuries.
In states with pure comparative fault, a victim that must share the blame with the defendant collects a percentage of the award that corresponds with the victim’s contribution to the causes for the accident. In a state with modified comparative fault, the victim that shares some of the blame can collect a portion of the damages, if he or she was less than 50% responsible for the accident. In a state with contributory fault, a victim that bears some of the blame has no right to seek compensation for damages.
What happens if the accident takes place in a no-fault state?
In that case, the driver with the damaged vehicle and possible injuries must turn to his or her own insurance company for coverage. Smart car owners buy collision coverage, which guarantees payment by their own insurance company of money for damages, if the insured vehicle gets damaged as per Personal Injury Lawyer in Sudbury.
What happens if the responsible driver does not carry any type of car insurance?
This is another time when the hit driver must turn to his or her own insurance company. That assumes that the same driver has purchased collision coverage. Understand though, that collision coverage does not guarantee compensation for injuries.
For that reason, anyone that has been involved in an auto accident should get to a doctor’s office, a hospital or a clinic as soon as possible. The insurance company wants to see records from the treating physician, before it will agree to compensate a policyholder that has experienced the symptoms of an injury, after being hit by an uninsured motorist. The evidence of such symptoms should serve, also, as a reminder. It should warn the injured victim to avoid settling before arriving at maximum medical improvement.