Do Not Jeopardize Your Auto Accident Case
Do Not Jeopardize Your Auto Accident Case
Driving in a courteous, defensive manner not only prevents accidents, it preserves your rights should you have to file a personal injury claim or lawsuit following an accident.This is because insurance adjustors and claims processing agents scrutinize an accident to find ways to rightfully limit or deny you compensation for your injuries. Lapses in judgment like the following could jeopardize your accident claim or settlement:
• Failing to wear a seat belt
• Driving with a suspended license or no license
• Failing to maintain the safety equipment on your car
• Having many accidents on your driving record
• Driving under the influence
• Driving while distracted by texting or cell phone use
What to do at the accident scene
The actions you take immediately following the accident can also impact the strength of your case. While you may be dazed and confused, staying calm and taking decisive action can have a positive impact on your case:
• Get contact information for key witnesses at the scene
• Take pictures of the wreck, especially the position of the vehicles
• Take pictures of the road, street signs and lights
• Document road hazards or obstacles that are present
• Do not give any statements or admit fault to anyone
• Call your auto insurance agent
• Make sure the police write up an accident report, and obtain a copy
• Do not sign any waiver or other document without legal advice
• Keep all records and receipts in a safe place
Most importantly, do not leave the scene of the accident unless you need immediate medical attention. Experts say that if you do not seek medical attention, or if there are gaps in your treatment, this can be used against your personal injury case.
Contact a qualified Indianapolis auto accident attorney
After an accident, the wreckage is cleared away and witnesses leave the scene. And if you fail to gather that critical evidence right then and there, it may be harder for an auto accident attorney in Indianapolis to find and use it later on.
As one of the top Indianapolis auto accident attorneys, Attorney Donald D. Douglass, Jr. can guide you through the claims process and if necessary file a lawsuit to get the settlement you need. If you or a loved one is looking for skilled auto accident attorneys in Indianapolis, the Law Office of Donald D. Douglass, Jr. represents a wide range of personal injury cases in Indiana and Michigan. Please call us at (317)-973-0573 or contact our firm to arrange for a free consultation.
Personal Injury Case Guidelines
The laws and regulations on auto accidents vary by the state, but they can generally be broken down into no fault and at-fault states. In about half of the states, the no fault system is in place - in these jurisdictions, it doesn't matter who caused the accident or who was most at fault; each individual is responsible for his/her own loss, a legal schema designed to reduce the number of lawsuits. Many states have variations on no fault laws, however, which establish certain thresholds for which an individual is liable for his/her own costs - some of these thresholds are based on dollar amounts, while some states set thresholds based on the circumstances, i.e., individuals must cover their own auto damages, but personal injury expenses are imputed to the driver at fault. In many states, a driver is at fault because he/she broke the law (i.e., DUI), fault will be attributed accordingly.In the other half of the country, at-fault states, the driver who causes the accident is responsible for damages to all those persons involved; in these states, auto accident lawsuits are more common, and it is often left to a judge/jury to apportion fault. Comparative negligence often comes into play in at-fault states.
Each state's insurance coverage also takes into account what type of state you live in - no fault or at fault, and rates generally reflect that.
Many states require that drivers own an auto insurance policy before you can even drive; you can purchase either first-party coverage (which insures your own vehicle, property, medical expenses, etc.) or third-party coverage (which covers damages to another car or person while you are driving your own vehicle or someone else's). Most states require that you take out at least a minimum liability policy, which covers damages to a third-party or parties. First-party coverage is generally optional, but a wise investment - it covers damages to your own vehicle or person, and can range in coverage amounts and deductibles, depending on how much you are willing to pay.
If you are involved in an accident, you must provide a notice of loss to your insurance company - failing to do so in a timely manner may result in no coverage. After that, you have to tender a defense, i.e., allow the insurance company to defend your claim by hiring an attorney or otherwise settling the claim. After the insurance company pays your damages in full, it can also go after the negligent party to recover damages, and you cannot stop your insurance company from suing. In many states, however, both parties have to go through arbitration; if the arbitration award is rejected, then suit may be brought.
If you have no insurance and are involved in an accident, you will have to cover your own costs (hiring an attorney and planning a defense) and, if found at fault, you'll also have to pay damages to the other party out of your own pocket. Failure to pay the judgment (which can sometimes reach into the hundreds of thousands of dollars) will result in further legal action - a court will likely attach a lien to your property or garnish your wages - and in many instances, you cannot avoid responsibility by filing for bankruptcy.