Car accidents are all too common on the roads today, and understanding how car accident compensation works is important for anyone who may find themselves in such a situation.
What Is Car Accident Compensation?
Car accident compensation refers to the financial reimbursement provided to individuals who have been involved in car accidents. When a person suffers injuries or property damage in a car accident, they may be entitled to compensation for their losses.
Types of Compensation After a Car Accident
There are two main types of compensation that you may be able to receive after a car accident: economic damages and non-economic damages.
Economic damages are monetary losses that you have suffered as a result of the accident. These damages can include:
- Medical bills
- Lost wages
- Property damage
- Out-of-pocket expenses, such as the cost of transportation, physical therapy or childcare
Non-economic damages are intangible losses that you have suffered as a result of the accident. These damages can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (companionship)
In some cases, you may also be able to recover punitive damages. Punitive damages are awarded to punish the at-fault driver for reckless or egregious conduct.
The amount of compensation that you are awarded will depend on the severity of your injuries, the impact of the accident on your life, and the liability of the at-fault driver.
How Does Car Accident Compensation Work?
Millions of accidents happen each year, leading to injuries, damages, and legal implications. Seeking compensation is not easy and includes determining liability, investigating the accident, filing a claim and determining damages.
Determining Liability
Determining liability for car accident compensation is the process of deciding who is at fault for the accident and who is responsible for paying for the damages. This can be a complex process and the factors that will be considered when determining liability will vary depending on the specific circumstances of the accident.
Some of the most common factors that will be considered when determining liability for car accident compensation include:
- The Traffic Laws: The police report will typically include information about whether either driver violated any traffic laws. For example, if one driver was speeding or driving under the influence of alcohol or drugs, they are more likely to be found liable for the accident.
- The Physical Evidence: The physical evidence at the scene of the accident, such as skid marks and the position of the vehicles, can also be used to determine liability. For example, if one driver’s skid marks show that they were braking heavily before the accident, it may be evidence that they were driving too fast for conditions.
- Witness Statements: If there were any witnesses to the accident, their statements can also be used to determine liability. For example, if a witness saw one driver run a red light, this could be evidence that they were at fault for the accident bills.
In some cases, multiple parties may be liable for a car accident. For example, if one driver was speeding and the other driver was distracted by their phone, both drivers may be found to be at fault for the accident. In these cases, the damages may be divided between the parties depending on their percentage of fault under comparative negligence. [1]
Filing a Claim
To file a claim for car accident compensation, you will need to contact your insurance company. You can usually do this by calling your insurance agent or by filing a claim for compensation online.
When you file a personal injury claim, you will need to provide the insurance company with information about the accident, such as:
- A description of the accident
- Any injuries or property damage that resulted from the accident
- The date, time, and location of the accident
- The make and model of all vehicles involved in the vehicle accident
- The names and contact information of all drivers involved in the accident
The insurance company will investigate the accident and determine whether you are covered under your policy. If your collision coverage can cover your damages, the insurance company will pay up to the policy limits.
Investigation and Assessment
The investigation and assessment process for car accident compensation involves gathering evidence to determine who was at fault for the accident and the extent of the damages caused. This process is typically conducted by the insurance companies of the parties involved in the accident, but it may also be conducted by an independent investigator or by the court.
Investigation
The investigation phase of the process typically begins with the insurance companies gathering information from the parties involved in the accident. This information may include:
- Medical records
- Police reports
- Vehicle repair estimates
- Witness statements
The insurance companies may also inspect the vehicles involved in the accident to gather physical evidence.
Assessment
Once the investigation is complete, the insurance companies will assess the damages caused by the accident. This assessment will include determining the cost of medical expenses, property damage, and lost wages. The insurance companies will also assess the victim’s pain and suffering.
The insurance companies will then make settlement offers to the victims of the accident. If the victims are not satisfied with the settlement offers, they may be able to negotiate with the insurance companies or file a lawsuit.
Determining Damages
Determining damages for car accident compensation can be complicated and the amount of damages awarded will vary depending on the specific facts of the case. There are some general factors that courts will consider when determining damages, including:
- Medical Expenses: This includes the cost of all medical bi related to the accident, such as doctor’s visits, hospital stays, surgery, and medication.
- Property Damage: This includes the cost of repairing or replacing any property that was damaged in the accident, such as the victim’s vehicle.
- Lost Wages: If the accident prevents the victim from working, they may be able to recover financial compensation for their lost income or future earnings.
- Pain and Suffering: This includes compensation for the physical and emotional pain and suffering caused by the accident.
- Disability: If the accident results in a permanent disability, the victim may be able to recover compensation for the loss of their earning capacity and other costs associated with their disability.
- Wrongful Death: If the accident results in the death of the victim, their family members may be able to file a wrongful death lawsuit and secure a quick settlement for their losses.
In addition to these general types of vehicle damages, there may be other specific damages that are recoverable depending on the facts of the case. For example, if the accident caused the victim to lose their job or business, they may be able to get a fair settlement for those losses.
When determining the amount of damages to award, courts will consider the severity of the victim’s injuries, the duration of the victim’s recovery, and the impact of the accident on their life. Courts will also consider the at-fault driver’s negligence and whether the at-fault driver has any insurance coverage.
Filing a Lawsuit
If you are not able to reach a fair settlement with your insurance company, or if the at-fault driver does not have insurance, you may need to file a lawsuit to seek compensation for your minor or severe injuries, medical costs, and other expenses.
To file a lawsuit, you will need to file a complaint with the court. The complaint should state the facts of the accident, the damages that you are seeking, and why you are entitled to compensation. The defendant will then have an opportunity to respond to the complaint.
If the case goes to trial, the judge or jury will decide who is at fault for the accident and how much compensation you are entitled to.
Here are some tips for filing a lawsuit for car accident compensation:
- Gather evidence of the accident and your injuries. This may include police reports, medical records, and witness statements.
- Calculate your damages. This includes hospital bills, financial losses like lost wages, mental anguish, and pain and suffering.
- Find an experienced personal injury attorney.
Consider the skilled auto accident attorneys at Goldberg & Loren and get the help you need to file your accident lawsuit. Book a free consultation today!
Source:
[1] comparative negligence. (n.d.-b). LII / Legal Information Institute. https://www.law.cornell.edu/wex/comparative_negligence
