The legal definition of a car accident is when an automobile is involved in an occurrence that causes harm, whether it be harm to property, to person, or both. Usually it involves a collision with another motor vehicle. Here’s how to get compensation after an accident that wasn’t your fault.
Assess the damage: Not just damage to the car but your own condition. Victims are often running on adrenaline and try to shake off a pain in their neck or ringing in their ears. Delaying examination by a doctor is a bad idea. But if there will certainly be no medical bills from the incident, then you have been involved in what is legally deemed a “trivial,” accident i.e. one in which there are only property damages to the cars involved. If this is the case, work through the insurance company and forgo calling a lawyer unless their company gives you trouble.
Determine if there was mechanical error involved. Though rare, it’s important to consider the possibility of mechanical error in any of the vehicles at the scene. If the vehicles recently had mechanical work performed, you will have an entirely different claim; one of defective product or services, as opposed to a claim against the other party. Inspect both vehicles to see if there are any popped tires, loose bolts or fittings, or other road conditions present (such as an oil slick, pothole, or black ice) that may have contributed to the accident.
Assess the other party’s condition and culpability. How do they look to you? Is there a possibility they are intoxicated? If you notice irregularities in their speech, gait, or gaze, they might be. In this case, you stand to gain a large compensatory settlement due to punitive laws. Do you have any cause for believing the other party was distracted? Look inside their car, are their clues to indicate distraction? A coffee cup with the lid off, a loose CD that was being changed, or the on-board navigation system in the middle of search could all be evidence of visual and/or cognitive distraction.
Decide if you need legal assistance. An attorney should get involved under the following circumstances: (1) You felt fine after the accident, so you decided not to get checked out. Soon after you began noticing physical and/or psychological impairments to your daily living. This could be whiplash, trouble sleeping, aches and pains, or anxiety. (2) You felt fine after the accident but after getting checked out, you received medical bills. (3) Any kind of medical bills whatsoever were incurred by you as a result of the accident. (4) Any kind of psychological/psychiatric bills were incurred by you as a result of the accident. (5) You missed out on an economic opportunity, such as a sales meeting or a day at work, as a result of the accident. (6) The other side was uninsured. (7) The other side’s company denied or delayed part of your claim.
Read on – Accident Compensation Claim