Car accidents can happen anytime. Oftentimes, they happen even when drivers are very careful, and that’s why car accident claims have become a thing in the United States. This type of claim exists to compensate car accident victims whose accident is not a result of their errors. It doesn’t matter whether you were driving the car, a pedestrian, or simply a passenger in the car; you’ll be eligible for a car accident claim if an accident affects you.
This claim ensures compensation for injuries, medical expenses, losses, and other expenses incurred from an accident that’s not your fault. That clear; here’s a guide that offers everything you should know about car accident claims. This guide includes when you should file for car accident claims and what makes you eligible.
Am I Eligible to Make Car Accident Claims?
Before advancing with your car accident claims on a no-win fee basis, your personal injury solicitor will first examine the likelihood of winning the case. They’ll typically access the situation because their payments often hinge on result. Thus, if they don’t win, they’ll not be paid. Therefore, before proceeding with your case, they’ll typically check the following:
- Did the other road user have a duty of care towards you?
- Was the duty breached at any point due to negligence?
- Did you sustain any injury or damage from the accident immediately or within 3 years of the accident?
Let’s mention at this point that you can still file for car accident claims if the accident was partly your fault. However, there’s a limit to the claims you’ll be eligible for. This is mostly because of the country’s adoption of a ‘contributory negligence’ system. This system recommends that compensation be awarded but reduced based on the claimant’s share of the blame in the accident.
If you’re not sure about eligibility, we recommend reaching out to an expert with your story to learn about your chances before applying.
Common Causes of Car Accident
Again, let’s reiterate that you can only qualify for a car accident claim if someone’s negligence caused it. That said, here are some of the common accidents that can lead to this kind of claim:
- Dangerous/careless driving: if the other party is guilty of reckless driving, or driving under the influence of alcohol or drugs, you can file for a car accident claim. Again, remember that it relies completely on how much you can prove this.
- Overspeeding: If the other party is driving beyond the speed limit allocated for a particular road, you can claim compensation for any injury sustained.
- Distractions: this is a common cause of accidents. It happens when one party is distracted by an internal or external factor. Internal factors include car stereos, phones, and other devices. The other person affected by this kind of accident can file for accident claims.
- Drunk Driving: alcohol intoxication can significantly impair judgment, coordination, and reaction times. Thus, it’s no secret that intoxicated drivers can cause serious danger to other road users. If the other party in an accident is drunk, you can apply for a car accident claim.
- Pulling out at junctions: you could claim compensation if you or your loved one has been hit by a car pulling out of a junction. This especially happens when the accident is as a result of the other driver’s misjudgment of your distance.
Whatever might be the cause of the accident though, it is advisable to quickly contact the Federal Emergency Management Agency for assistance on the scene. After that, you should contact a car accident lawyer for further assistance.
How Much Compensation Can I Claim For A Car Accident?
Like most other types of accident claims, the amount of money receivable as car accident insurance claims varies greatly, depending on many factors. However, the main reason for this variance is the differences in loss or suffering suffered by various drivers in different accidents. Notwithstanding, most solicitors will calculate compensations based on two types of damages. These damages include:
- General damage: this factor covers the severity of your car accident injuries and loss of amenities. This is the main reason a person with more severe injuries may get better claims than one with less injuries. Please note that injuries can be both physical or psychological.
- Special damages: this factor allows for compensation for any additional financial costs you might have incurred as a result of the accident. Examples of such costs can include lost income, care costs, personal property damages, travel costs, and medical expenses.
Can I File For Car Accident Claims Against an Uninsured Driver?
Most times when people want to file for a car accident claim, one question they often ask is whether they can claim against an uninsured driver. The answer is yes. Even if the driver of the other car is uninsured, you can still file for this kind of claim with a good car accident lawyer by your side.
As expected, the process of filing for insurance can be pretty complicated. However, this is where your attorney can help. An experienced attorney will have all the right knowledge needed to handle your case and file your car accident claims correctly.
The Importance of Legal Representation for Car Accident Claims
You can file for a car accident claim yourself and still get it. However, going through this route can significantly reduce the amount you’ll receive.
The right attorney can also help you maximize your statutory benefits. Thus, you need to be watchful about so many things when picking your attorney. After all, the distance between you and your compensation can be influenced by the quality of your arguments.
Coleman Law Group Can Help You
Searching for the right lawyer for this kind of case can be quite difficult. But don’t worry, we have the best lawyers at Coleman Law Group. Our years of experience handling car accident claims stand us out. We will also offer personalized legal advice, when handling the filing processes. Contact us now to learn more about how we can help you.
