The car accident insurance claims process is a process that will be done by the insurance company. However, there are some things you should do to ensure you have a better chance of getting the compensation you deserve.
Refusing to Give a Recorded Statement
Your auto insurance company may ask for a recorded statement if you are involved in a car accident. This may be a part of their investigation process, or they may want to know more about your side of the story. However, giving this statement is only sometimes in your best interest.
In fact, it can actually hurt your claim. In fact, some insurers use this tactic to undercut your claim. This is meant to emphasize that you should be ready to defend yourself rather than forego your right to legal representation.
A recorded statement can also be used as a form of proof. For example, if you are in a lawsuit, your statement may counter what the other party says. The car accidents lawyer will see to it that all accident or police reports are obtained in the matter, and they will frequently speak with the investigating officers and witnesses.
Collecting Other Driver’s Information
If an incident involving you has occurred, collecting other drivers’ information during the car accident insurance claims process can make a difference in your compensation. Not only does this make the process easier, but it can also help you determine which party is at fault in the incident.
If an accident has occurred, call 911 for medical assistance. If you need help with the cleanup, a police officer can also help. The police report will also give you an objective view of the accident, which is essential in determining who is at fault.
If you need to take your car to a shop for repairs, you can take pictures of the damage. Photos of the vehicles and the license plate numbers can help prove your insurance claim. You can also take photos of any road signs.
You should also collect the other driver’s contact information. The person’s name, address, phone number, and license plate number are all important. It would help if you also got the name of the insurance company. This will allow you to notify the other driver’s insurer of the accident.
Comparative Fault Rule in Car Accident Insurance Claims
You must understand the comparative fault rule if you are in a car accident. This will enable you to calculate the amount of money you can get back from the other party. There are several different rules, and each state has its own rules.
Generally, the more responsible you are, the less compensation you are entitled to. But that does not mean that you can’t get damages. You can, as long as you can prove that the other person was at least partially at fault.
There are two different types of comparative fault: pure contributory negligence and modified comparative negligence. Both are used in car accident insurance claims.
Pure contributory negligence is recognized in five states. This means that the plaintiff will receive only a portion of the other driver’s damages. New York is one of those states. In other states, the defendant’s fault will not bar the plaintiff from recovering.
Modified comparative negligence is a hybrid system used by most states. This is a type of comparative negligence, but it is based on a lower bar. For example, you can only recover if you are at most 50 percent at fault.