Car Accident Claims: What You Must Know Before Starting Your Claim
As long as there have been cars on the road, there have been car accidents, and with them, car accident claims. Estimates place the number accidents on an annual basis to be in the neighbourhood of 300,000, which makes the chances of your being involved in one during your lifetime fairly reasonable. Drivers of vehicles who are not at fault in an accident are entitled to file a claim to recover the losses necessary to repair or replace their vehicles, as well as to cover any damage to their physical property or bodily injuries, against the other party involved. Sometimes, that other party might even be the government entity in charge of maintaining the road on which the accident occurred, if they have possibly been negligent in its upkeep. Passengers in a vehicle are considered innocent bystanders and cannot be considered liable due to the fact that they are not in control of the vehicle at any time.
All drivers are required to have vehicle insurance coverage for themselves and their vehicles. If the accident in question is your fault, then the insurance company will cover the cost of repairing your vehicle but you do not have the option of filing a personal injury claim for the accident. The difficulty arises in those situations where it is unclear just who is actually at fault for an accident, which is why it is important to have the services of a personal injury solicitor at your disposal when working through the options before you.
If the other driver admits liability, then the claim is straightforward and usually proceeds at a smooth pace, provided the important information regarding the facts of the case (driver's name and address, insurance company, time and place of the accident, etc) are all readily available. Sometimes the other driver will admit partial responsibility, though not full. Such cases are often resolved with liability being split 50/50 or even 70/30, depending on the circumstances of the accident.
Under certain circumstances the amount of compensation paid on a claim can be reduced. For instance, not wearing a seat belt will automatically reduce the compensation you receive by twenty-five percent. Illegal activities, such as driving while under the influence of drugs or alcohol, will not only reduce the amount of compensation paid but will also impact the liability of those involved.
If you are involved in a car accident, it is always best to proceed as if you intend to file a claim even if you have not yet decided to do so. This way, if you do make that decision, you will already have the necessary information to move forward. Most drivers know to obtain the name, address, registration plate number, make and model of the car, and insurance information from the other drive, but it also important to get the name and contact information from any witnesses who might be present and who could potentially verify your version of what happened. If anyone has been seriously injured, it is important to contact the police immediately.
Watermans offers a quality and professional car accident claims service