Car Accident Injury Claim in Big Bar CA 96010
Has a physical injury from an an auto accident that was not your fault.
Both parties must have insurance.
Must have seen a doctor or been to a hospital for injuries within 45 days of the accident
Not currently being represented by an attorney, and
Accident must have happened within 2 years.
We have expert lawyer available for you
Personal Injury Settlements If you have been injured in a car accident, you can receive compensation for medical bills, lost wages, and related expenses from either your car insurance company or the other driver’s insurance company, depending on who was at fault. Types of Car Insurance Coverage for Personal Injury Before you seek compensation, you should understand the types of car insurance that cover personal injury. Which one you use will depend on your policy and the nature of your car accident. This applies when the accident was the other drivers fault. NOTE: Your own liability policy will NOT cover you. Unlike liability, PIP insurance will pay for your Big Bar CA 96010 medical costs, up to the policy’s limits, even if you were at fault. Medical payments coverage, which pays for medical expenses regardless of fault. This policy is similar to PIP insurance; however, unlike PIP it does not cover lost income, funeral expenses, and loss of services; medical payment only pays for medical bills. Uninsured/underinsured motorist coverage, which pays your bodily injury expenses if you’ve been: Hit by a driver who possesses no insurance or limits that don’t meet your expenses. Fault and Your Claim In some situations, such as rear-end collisions, the other driver will almost always be considered at fault. However, other types of accidents are not so clear. The best way to help your car insurance company determine fault is to present your claims adjuster with a thorough explanation of what happened. Big Bar CA 96010 If you don’t feel you’re at fault, present a reasoned argument detailing why and provide supporting details. Any careless behavior that contributes to a car accident is called negligence .
A small number of states apply contributory negligence when determining whether you are entitled to compensation. Under contributory negligence, if you are even partly at fault for the accident, you will not receive any payment for a personal Big Bar CA 96010 injury claim. Comparative Negligence Most states use a comparative negligence system when deciding how to compensate victims of car accidents. Under comparative negligence, your compensation may be reduced if you are partly at fault. The exact rules depend on your stateâs laws: Pure comparative negligence: You get compensation in proportion to the amount of the accident that was not your fault. So, if your injuries totaled $60,000 Big Bar CA 96010 and you were considered 50% at fault for the accident, your damages will be reduced by 50%, so youâll receive $30,000. Modified comparative fault: You get compensation in proportion to the amount of the accident that was not your fault, but only if you are responsible for LESS THAN 50% of the accident (or 51%, depending on your state).
Factors that Affect Compensation for Personal Injury You Big Bar CA 96010 can shorten the amount of time to have your claim settled if you contact your auto insurance company as soon as possible after you are in an accident. Your insurance company will assign you a claims adjuster who will get the claims process moving. Factors that the claims adjuster will review include: medical attention. Visit the emergency room or your physician as soon as possible after an Big Bar CA 96010 accident if you are injured. Any pre-existing injuries that you are claiming became worse as a result of the accident. Ask your physician to take new x-rays or ultrasounds of those injured areas. Comparisons in the pre-accident and post-accident scans can help show that the accident caused additional damage to the area. DUI/DWI charges and other citations related to the accident. Statements that you make to other Big Bar CA 96010 drivers or passengers after the accident. Keep in mind that although your emotions might be intense following a car accident, you should avoid making promises or statements of blame. Witness testimonies. Records and documents that validate the number of days and wages you lost due to the accident.
Personal injury limits written into your car insurance policy. Evidence and Documentation Solid evidence makes your claim stronger. You Big Bar CA 96010 want to prepare as much documentation as possible when preparing to submit a claim to the car insurance company. You can gather evidence in the days following a car accident. Take notes on anything you can remember about the accident as soon as you are physically able. Return to the scene of the accident to search for and take pictures of evidence. You may notice something, such Big Bar CA 96010 as a dirty traffic sign, that led you to make a driving mistake and get into a car accident. Preserve physical evidence, such as a torn piece of clothing or a rock that was in the middle of the street, causing you to lose control. Contact witnesses. If you collected witness contact information at the time of the accident, contact them as soon as possible to get Big Bar CA 96010 their observations down on paper. Document your injuries. Damages in Personal Injury Cases The damages in a personal injury case refer to the cost of your injuries. They consider the following as they relate to your injuries sustained in an accident: Direct financial cost. Specific damages. This refers to the specific valued amounts related to accident-related injuries or loss. They include: Cost of medical bills. Property loss. Big Bar CA 96010 General damages. These damages are those that do not have easily calculated dollar amounts and are subjective. They include: Pain and suffering. Loss of an extremity. If the defendant was especially careless when causing the accident, you may also receive punitive damages, which are meant to punish the defendant, and are imposed by the court. If you have questions about damages or your personal injury case in Big Bar CA 96010 general, speak to your auto insurance agent or ask a personal injury attorney.
Insurance Claims After an Accident: The Basics One of the first things you should do after being injured in an accident is to file an insurance claim with your insurance provider or the insurer of the person or business responsible. An insurance claim will allow you to receive compensation for any medical expenses, lost wages, or pain and suffering that result from the accident. Below, you’ll find explanations of the insurance claims process, how insurance companies calculate the value of a claim, and the differences between first party and third party claims. First Party Claims vs. Third Party Claims There are two types of insurance claims: first party claims and third party claims. While a first party claim is one you file with your own insurance company, a third party claim is one you file with the insurance provider of another person or business. Most insurance holders Big Bar CA 96010 have coverage for third parties who are injured as a result of their actions. The type of claim you file will depend on who was at fault in the accident, the type of accident that occurred, and the extent of your insurance coverage. For example, if you caused an accident while driving in your car, you should probably file a first party claim with your auto insurance provider. On the other hand, if you in Big Bar CA 96010 were hit by a car while crossing the street or were involved in an accident while a passenger in a car, you should file a third party claim with the driver’s auto insurance provider. Alternatively, if you were injured while shopping in a store or eating at a restaurant, you can file a third party claim with the business’ insurance company. The Insurance Claims Process Whether you were injured in an automobile accident, at Big Bar CA 96010 a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren’t at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver. You’ll probably be required to provide information about the cause of the accident and the extent of your injuries.
The insurance company will then open an investigation Big Bar CA 96010 of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. In addition, you will probably have to submit to an independent medical examination by a doctor of the insurer’s choice. If the injury was caused by a building condition, the claims adjuster may make an inspection of the property. After calculating the value of your claim, the Big Bar CA 96010 insurance company will then issue a settlement check. If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident. Denial of Claims and the Appeals Process There are a number of reasons why your claim may be denied. For example, you may have Big Bar CA 96010 waited too long to file your claim or failed to submit to an independent medical examination.
Alternatively, the type of accident you were involved in may not be covered under your insurance plan. Whatever the case may be, you’ll receive notification from the insurance company if your claim is denied. It is then up to you to appeal the denial of claim. Appeals procedures can differ from company to company, so you should take a look at the policy in question to learn about the appropriate next steps. If you have questions about the appeals process or if your appeal is denied, it’s probably in your best interests to consult with an insurance attorney. Calculating the Value of Insurance Claims While medical expenses and lost wages are usually pretty cut and dried, it’s difficult to place a dollar amount on the pain and suffering a person experiences after being injured. Insurance companies have developed damages formulas to calculate how much to pay the injured for these types of non-monetary losses.The insurance claims analyst right up front totals all your medical spendings. If the accidental injuries aren't too significant, this amount is generally boosted by 1.5 or 2 to calculate the quantity of your "special damages." However, if the injuries are severe, the total may be multiplied by 5, or even 10 if he injuries are extremely debilitating. Once the special damages amount is determined, the analyst adds your lost wages to determine the amount of your settlement. You can then often negotiate with the insurance company to obtain a higher settlement. Have Your Claim Evaluated Free of Charge If you're wondering why your insurance claim was denied or you believe the amount of your settlement is inadequate, a great first step is to have an attorney evaluate your claim. Fortunately, you can do so free of charge by contacting an experienced accident attorney for a free claim evaluation. An attorney will be able to answer any questions you may have about your claim and advise you about your options moving forward.