Car Accident Law

Car Accidents Overview

Key Takeaways

  • After a car accident, call for medical help and the police, then exchange information with the other driver and take pictures of the scene.
  • Contact your insurance company to report the accident, but be careful what you say as they may try to deny your claim.
  • If injured or if your car is damaged, you can file a lawsuit to get money for repairs, medical bills, and other expenses.

Car accidents happen all the time, but they can cause major problems for drivers. After an accident, you are left to deal with injuries, car repairs, and the insurance company. The driver responsible may try to blame you for the car crash. But you can file a personal injury claim if the insurance company denies your claim.

Accident liability laws vary by state. If you were in an accident and want to know your legal options, find a local accident attorney for legal advice. An experienced auto accident lawyer can help you file a car accident lawsuit after an injury accident.

What To Do After a Car Accident

If there are any injuries in the car accident, call emergency medical services and the police. Medical attention is important because many injuries show up later. Getting medical help early can improve your chances of recovery.

Depending on your state, you must call the police to report the accident. The police may show up to take a police report if there are serious injuries or the vehicles are no longer drivable. You should also call the police after a hit-and-run accident if the other driver is impaired or for an uninsured driver.

After the accident, exchange contact information with the other driver, including:

  • Name and phone numbers
  • Insurance information
  • License plate and driver’s license
  • Contact information for any witnesses

Take pictures or videos of the scene of the accident. Get photos of any bodily injuries, vehicle damage, and the surrounding accident scene.

After the accident, you should call your car insurance company to report the accident and get started on the accident claim process.

Auto Insurance Claims

Your insurance policy generally requires reporting any accidents. Liability coverage is different in different states. In fault states, the at-fault driver’s insurance should cover the other driver’s damages. Some states have no-fault coverage or personal injury protection (PIP) that does not depend on who caused the accident.

You may have to get uninsured/underinsured motorist (UM/UIM) coverage if the other driver doesn’t have insurance or does not have enough coverage to cover your medical payments.

An insurance claim for any accident you caused can increase your own insurance premiums. But if you don’t report the accident, you may have problems if the other driver claims you caused the crash. Be careful when talking to your insurance adjuster. The insurance company may try to get you to say something to deny your claim. Talk to your auto accident attorney about how to deal with the insurance company.

Who Can File a Car Accident Lawsuit?

Anyone who suffered an injury or property damage caused by the accident can file a lawsuit. There is a limited amount of time to file an accident claim. Car accident cases have a statute of limitations, depending on state law.

Most car accident claims are based on negligence. Negligence means the other driver was not driving reasonably and caused the accident. This can include showing the driver was breaking traffic laws, like speeding, tailgating, or texting while driving.

In some auto accidents, both drivers may be partially at fault for causing the accident. If the injured party has some blame for the accident, their recovery may depend on comparative negligence laws. In some states, the damages are reduced by your level of fault. In other states, the injured person can’t recover damages if they had any blame in the accident.

Wrongful Death Lawsuits

If a loved one dies in a motor vehicle accident, the surviving family members can file a wrongful death lawsuit against the at-fault driver. Damages can include funeral and burial expenses, loss of financial contributions, and loss of companionship.

What Damages Can I Get in a Car Accident Lawsuit?

A lawsuit can make sure the person responsible pays for the damages. A car accident lawsuit can help the injury victim get money for:

  • Car repairs
  • Medical bills
  • Lost income
  • Pain and suffering
  • Future medical expenses

Find a local auto accident attorney to discuss your case. Your lawyer can deal with the insurance company so you can recover in peace. An attorney can also negotiate with the insurance company so you can maximize your settlement. If the insurance company or other driver won’t pay, an experienced car accident lawyer can file a personal injury lawsuit for the financial compensation that you deserve.

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