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As a motorist, you probably know that accidents happen all the time. No matter how safe or experienced a driver you are, nothing can prepare you for a car crash that’s not your fault. At any rate, you are in the position to take legal action against another party and get compensated for the damages, injuries and the emotional trauma you and your passengers sustained.
Filing a lawsuit against a reckless and negligent driver is the most rational thing you can do, but the process can be complicated for someone who hasn’t launched a lawsuit before. Moreover, the other party may put up a strong defense. In order to emerge as the victor in your car accident case, it’s important to come fully prepared with the right knowledge. Here are the basics on how you can hold the other party liable and get fully compensated.
- Gather evidence from the scene
When you are in an accident, you will need to check if it’s safe for you to move. If you can safely get up, you will need to check the condition of your passengers and the people in the other vehicle as well.
Contact emergency services immediately if anyone is in need of urgent care. Once the authorities are on their way, take pictures of the scene and interview any witnesses. This initial information can help you support your case against the other party.
- Notify your insurance provider
After making sure everyone’s injuries are being taken care of, you will need to contact your insurance provider to begin processing your claim. Assuming your current policy has personal injury protection, your insurer can contact the other party’s insurer and have them pay up.
There will be cases that the other party will settle for a fixed amount just to put the case to rest. When this happens, the best you can do is to stick to your guns and refuse the offer, but the ultimate decision rests with you. It’s only a matter of knowing whether you will be properly reimbursed as the no-fault party.
- Decide to settle or take the matter to court
A trial should be the last thing on your mind, considering the time and money you need to spend in building a strong case. However, if the other party insists on settling for an amount lower than what you demand from them, then it would be best to consult with your car accident attorney and see if you could draft out an effective legal strategy.
For this, it’s important to hire a seasoned lawyer who has adequate experience in car accident litigation in your area. That way, it will be easier for your case to move towards a surefire win.
Never let reckless drivers get away with a slap on the wrist. Exercise your rights to get properly and fairly compensated for experiencing an accident that isn’t your fault.