Being involved in a car accident can be a daunting experience and one which can leave a person with physical injuries and emotional distress as well as saddled with significant financial costs. From getting the medical attention you need to navigating insurance claims, it’s important to understand your legal rights and responsibilities in the aftermath of an accident.
In this article, we will take a look at the steps you should take following a car accident to protect your rights and to help you proceed with confidence.
Right to Remain Silent
Making a statement before the facts have been established can inadvertently harm your claim. Following a car accident it is possible that various insurance representatives or the insurer of the other driver may try to contact you. In these situations, it is important to know that you have the right not to make any statements or answer any questions. By remaining silent, you are less likely to jeopardize an insurance or personal injury claim in the event that you make one.
It is in the best interest of insurance companies to pay out as little as possible when a car accident claim is made. They may employ tactics such as offering lowball settlement amounts or use what you say against you to minimize or avoid liability. Rather than saying something which may be misinterpreted or used against you later down the line, it is best to keep quiet until the facts have been established.
Right to Compensation
In cases where a person is injured in a car accident due to the negligence of another party they may be entitled to file a personal injury claim against them, seeking compensation for their losses. The compensation, or types of damages, paid out in a personal injury claim following a car accident typically include the following matters:
- Medical expenses
- Lost wages
- Property damage
- Physical pain and suffering
- Emotional distress
- Loss of consortium
It’s crucial to ensure that you protect your rights and seek appropriate legal counsel after a car accident. Consult with an experienced car crash lawyer to understand your specific situation, especially when it comes to dealing with the insurance companies and potential compensation claims.
In some cases, courts can award punitive damages if they find the other party’s actions to have been particularly reckless or grossly negligent. If you would like to understand what damages you may be entitled to following a car accident it is advisable to consult with personal injury lawyers such as Jay Pickering Law who specialize in helping clients get the compensation they deserve after a car accident.
Right to Fair Determination of Fault
Establishing fault following a car accident is essential for determining which party’s insurance company is liable for covering the damages and losses and for calculating the amount of compensation payable.
The legal principles of contributory and comparative negligence will typically apply to determine the level of fault attributable to the parties involved. If the party bringing the claim is deemed to have contributed to their accident by a certain degree their award of compensation may be reduced in proportion to the blame assigned to them, or they may be barred from recovering compensation altogether. The outcome will depend on which legal principle is followed, and this can vary from state to state.
By understanding your rights following a car accident you can improve your chances of receiving the maximum amount of compensation you are entitled to.