If another driver collides with your car and is found to be at fault, there’s a high chance that your vehicle has taken some damage, even you can still safely drive away from the accident. Property damage compensation pays for the costs of making repairs for any damage that happened to your car in the accident.
Ultimately, if the other driver is suing you, and you and your lawyer are convinced that the claim is fraudulent, your best course of action may be to let the car accident lawsuit process play out until the time comes to ask the court to order the other driver (the plaintiff) to submit to an independent medical examination (IME).
A driver must use care to avoid injuring other motorists, passengers, or pedestrians -- basically, anyone that he or she encounters on the road. If a driver is not reasonably careful and injures someone as a result, the driver is liable for injuring the accident victim.
Take pictures of your vehicle, any vehicles involved, and of the surrounding areas where the collision occurred. When the other driver’s insurance company is telling you that the accident was your fault, you should ask them to explain to you how the accident could have unfolded in the manner that the other driver is claiming.
Insurance company adjusters determine fault in an auto accident after reviewing the police report and other evidence. They may also ask you and the other driver questions about the collision to try to piece together a reliable narrative of what happened.
You can fight an insurance company over a totaled car's value by sending the insurer a counteroffer along with evidence justifying your car's value. If the insurance company does not raise its offer, you can contact your state's insurance regulator, seek arbitration or file a lawsuit.
Webster's Dictionary defines an “accident” as follows: an “unfortunate happening” that occurs “unintentionally” and results in “harm, injury, damage or loss.” By contrast, “negligence” as defined by most jurisdictions in the United States including California, is the lack of “ordinary care” or “skill” in the “ ...
Car insurance companies pay out claims by sending a check or bank transfer to the person who filed the claim, or by paying the mechanic directly. Once your claim has been approved, you'll receive payment for the amount determined by your insurer.
A vehicle is legally considered a total loss if the cost of repairs and supplemental claims equal or exceed 75% of the fair market value – which, again, can typically be negotiated. If your car is a total loss, and the insurance carrier accepts liability, they are required to pay fair market value for the vehicle.
If the insurer totals your car, they will pay you the vehicle's actual cash value (ACV). The actual cash value is how much it was worth just before the loss. It includes a reduction in value for depreciation, so the ACV will be less than what you paid for the vehicle, even if it's relatively new.
Different Types of Negligence. While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.
Examples of negligence include:A driver who runs a stop sign causing an injury crash.A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.
Sometimes, accidents just happen and nobody is at fault. Other times, accidents are caused by Negligence and there are legal consequences. The purpose of the law of Negligence is to make sure that a legal case does not arise in every situation where something bad happens.
Once an insurance company has admitted liability and agreed to process the claim, they tend to move quickly. Some claimants receive their compensation in a few days. More commonly, the claimant will receive their compensation payment within 2 and 4 weeks.
Q: Generally, how long does it take for an insurer to make a decision on a claim? A: A decision will be made within 4 months of receiving your claim.
within 30 daysIn general, the insurer must complete an investigation within 30 days of receiving your claim. If they cannot complete their investigation within 30 days, they will need to explain in writing why they need more time. The insurance company will need to send you a case update every 45 days after this initial letter.
When the other driver’s insurance company is telling you that the accident was your fault, you should ask them to explain to you how the accident could have unfolded in the manner that the other driver is claiming.
When you are involved a vehicle collision, there can be many different scenarios and perceptions regarding whom is at-fault. Sometimes you may think you were at fault, but other times the other driver involved may have been at fault. It gets a little more complicated when you are hit by another driver, but the other driver then says it’s your fault.
One way of preventing the other driver’s insurance company from attempting to take advantage of you and/or deny your claim, is to write the other driver’s insurance company a letter stating what happened, what your expectations regarding the claims process, and what costs you would like them to pay.
Your Claim is Denied. Sometimes your claim will be denied even when you have evidence of the other driver’s fault in the accident or even if they admitted fault at the scene of the accident. Usually when this happens, it’s because the other driver told his/her insurance company a version of the events regarding the accident ...
Often times, there will be inconsistencies or red flags that make it apparent that the other driver is being less than forthcoming. You should always report accidents to your own insurance company because this will provide a record that you don’t have anything to hide and that you are comfortable reporting the accident.
If another driver collides with your car and is found to be at fault, there’s a high chance that your vehicle has taken some damage, even you can still safely drive away from the accident. Property damage compensation pays for the costs of making repairs for any damage that happened to your car in the accident.
If you were involved in a traffic accident in which the driver of the other vehicle was at fault, you may be entitled to various forms of compensation for losses that you’ve suffered as a result of the accident. Here is a basic overview of the compensation you can get.
Personal Injury. Car accidents sometimes result in injuries to a vehicle’s driver and passengers. The party at fault may be responsible for providing you with various kinds of personal injury compensation in this case, such as: Compensation for Medical Bills and Expenses.
Lost Wages. Compensation for lost wages pays for the wages that you would have normally earned, but couldn’t as a result of the accident. For example, if the nature of your injuries has prevented you from being able to do your regular job for a month, you may be compensated for that month of lost wages. Should you be injured so severely that you’re ...
On the other hand, if you were badly injured and stayed in the hospital for weeks, you can expect to have to file various kinds of paperwork and wait a longer time before you get an answer from the at fault driver’s insurer. Compensation for lost wages pays for the wages that you would have normally earned, but couldn’t as a result of the accident.
In some cases, the damage to your car will be so extensive that the costs of repairing it to its pre-accident condition exceed its actual value. This is referred to as a “total loss” by insurers. In this scenario, you may receive a monetary amount equivalent to how much your car was worth before the accident.
In the majority of auto accident cases, the insurer of the at fault driver will be picking up the tab for your property damage and personal injuries, if applicable. However, just how much compensation you can receive will be limited by the coverage limits of the at fault driver’s insurance policy.
Talk to all potential witnesses: Even if you did not get a lot of identifying information on the defendant’s car, witnesses may have. If others witnessed the accident or saw the driver leave the scene, it is important to speak with them to get any information they may have.
Contact the police: In addition to recording identifying information, call the police. Investigating officers may be able to locate the fleeing party and arrest him or her for hit and run. In almost every state, it is illegal to leave the scene of an accident when someone is injured or there is property damage.
Many times if you leave the scene of the initial accident, it is hard to determine what exactly happened. Second, it could put you and your passengers in more danger. If the at-fault party is leaving the scene, they could be traveling at excessive speeds or be intoxicated which could potentially lead to another accident.
If you are unable to get that, record the make, model, year, and color of the vehicle that caused the accident. Other helpful characteristics such as tinted windows, custom rims, or window stickers can all help identify the driver. Further, pay attention to corporate logos, as that could help you track down the responsible driver or vehicle owner.
When you are involved in an accident, your main concern should be the health and well-being of yourself and others in the car with you. The least you could expect is for the at-fault party to stay at the scene and wait for the police to arrive.
In some states, leaving the scene of an accident is a crime. However, if you are in an accident in which the other driver flees the scene, below are steps that can be taken. Immediately try to get identifying information: Right after a car wreck, your adrenaline will be running and you most likely you will be shock from what happened.
Hit and run cases are often highly disputed and it is always advisable to hire an experienced car wreck attorney if you are involved in one . A personal injury attorney will be able to identify any available insurance policies, evaluate your claim, and guide you through the complexities of a car accident case.
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You have recently been in a car wreck and the at-fault driver is not stating that it was not their fault. There is nothing similar to dishonesty that can make a terrible worse.
If a driver is not reasonably careful, and someone is harmed as a result, the driver (and the driver's car insurance carrier) can be financially liable for that person's injuries and other losses ( damages ). Learn more about the basics of negligence in an injury case.
In a car accident lawsuit, if you're the plaintiff, you need to be able to establish all of the following: The law required the defendant to be reasonably careful. The law requires drivers to use reasonable caution in all facets of vehicle operation, so this one is a given. The defendant was not careful.
Drivers have a duty to be alert and to maintain a careful lookout for other vehicles, pedestrians, and road hazards. Drivers are expected to see the things that an ordinary, prudent person would see. Failure to do so can constitute negligence. Maintaining control of the car.
But in most instances—including crashes that result in significant injury, or where fault is anything less than obvious— having a lawyer on your side is crucial to getting the best result. Learn more about how a lawyer can help with a car accident claim, and get tips on finding the right lawyer for you and your case.
For example, if a pedestrian runs into the middle of the road and is hit by a car, the driver might escape all liability. or may only have to pay for a portion of the pedestrian's injuries. Learn more about contributory and comparative negligence in car accident cases.
In determining whether a driver was sufficiently careful, the law compares the driver's conduct with the conduct expected of a "reasonable person.". If the defendant's behavior falls short of how a reasonable person would have acted under the same circumstances, the defendant has violated the duty of reasonable care.
Examples of conduct expected of a reasonable driver include: stopping at a red light. watching for crossing pedestrians, and. following the vehicle in front at a safe distance. The defendant's conduct caused your injuries.
If you're uninsured, and the other driver files a personal injury lawsuit against you, then you have some detective work to do if you think the person is faking their injuries. Besides building a case through witnesses, pictures, and the police report, you can turn to the internet.
If you have car insurance, and the other driver is making a claim against that coverage, then the adjuster handling your case will take charge of the matter, and will investigate all aspects of the car accident, including any indication that the other is making a fraudulent claim for car accident injuries.
If you're in a car accident and you don't have car insurance, you (and/or your lawyer) must take the lead in investigating and defending against a possible fraudulent injury claim.
If you took pictures at the car accident scene, got the names of witnesses, and had a law enforcement officer come to the scene so that a police report could be prepared , all of that evidence will be essential to fighting a fraudulent car accident injury claim.
An investigator is free to take photographs/ video as long as they are on public property and the subject is on public property, when the pictures/videos are taken. Ultimately, if the other driver is suing you, and you and your lawyer are convinced that the claim is fraudulent, your best course of action may be to let the lawsuit process play out ...
It's a fact that some people make fraudulent injury claims after car accidents. If you were in a crash and you suspect that the other driver's claim is baseless (or that they're downright faking an injury), the extent to which you need to concern yourself with this possibility hinges largely on whether or not you have adequate car insurance ...
Although the prosecutor does not have to prove that the driver intended to kill the accident victim, the prosecution must demonstrate that the defendant’s reckless or negligent act caused the victim’s death. A defendant may be able to argue that factors such as bad weather, other drivers, or even the victim’s own driving were the cause of the accident. In addition, if the case is based on a positive drug or alcohol test, the defendant might be able to challenge the accuracy of the laboratory report.
In general, the difference between murder and manslaughter is that murder requires an intent to kill (or to inflict great bodily injury), but manslaughter does not. Thus, a defendant does not have to intend to kill or injure anyone in order to be guilty of vehicular manslaughter. To be convicted of vehicular manslaughter in most jurisdictions, the prosecution must prove, beyond a reasonable doubt, that: 1 the driver operated a motor vehicle in a reckless or grossly (severely) negligent manner, and 2 the driver’s conduct caused a fatality.
Intent to Kill Not Required. In general, the difference between murder and manslaughter is that murder requires an intent to kill (or to inflict great bodily injury), but manslaughter does not . Thus, a defendant does not have to intend to kill or injure anyone in order to be guilty of vehicular manslaughter.
Can you blame the accident on vehicle malfunction? The short answer is maybe. If you knew that your car had faulty brakes and you drove it anyway, you can’t blame the vehicle. In fact, that evidence would be very bad for your defense. If, however, you or your lawyer discover a previously unknown defect in your car that substantially contributed to the accident, you might be able to use that malfunction to defeat the prosecutor’s proof of causation.
In fact, that evidence would be very bad for your defense. If, however, you or your lawyer discover a previously unknown defect in your car that substantially contributed to the accident, you might be able to use that malfunction to defeat the prosecutor’s proof of causation.
The vast majority of states have vehicular manslaughter laws. A small minority have more general laws against criminally negligent homicide, which cover death caused by the dangerous operation of a motor vehicle. Let’s look more closely at the elements of vehicular manslaughter and some potential defenses.