Do You Have A Valid Car Accident Injury Claim

By Author: Harvard McIntosh
Total Articles: 25
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If you have been involved in an auto accident, you need to know if you have a valid car accident injury claim to determine if it is worthwhile to sue the other driver.
It is important to contact your insurance company, the police or the department of motor vehicles right away, if you are injured in the car accident. The time in which the accident victims are to report a crash may vary with different states. Not reporting in time, could limit your liability to collect compensation for your injuries and damages. You can contact your reporting agent for more details on information regarding reporting time obligations. Apart from that some insurance require you to report the accident even if you are not injured and if the damages to the car are beyond certain amount.
If you live in the mere oblivion of no fault state, you will not be able to sue the other driver unless your accident related expenses are above certain limit. No fault insurance means that the insurance companies of each driver pay the costs of accidents to the other without proving the fault.
The states with no fault insurance vary with ...
... different circumstances that allow you to file a car accident injury claim. So call your insurance agent to best understand your policy and state law in the area. In case of a no fault state, if your damages and injuries are lower than the amount that will be allowed to go on a trail, your insurance company will be paying your bills regardless of who caused the accident.
If you live in fault state and believe that other drivers caused the accident, you may have recourse against the other driver. If the damages exceed the other drivers insurance policy, check your policy if it includes the provision for under insured drivers. If yes, you need to determine if that is sufficient enough to cover your needs arising from the accident. If not, then there is no other option than to sue him.
When to make a car accident injury claim?
Every personal injury claim has two basic issues – liability and damages. Can you prove you were damaged? Can you prove the other person caused the damage. While driving, drivers are required to exercise reasonable care. To prove the other one at fault you have to prove their negligence. You need to show that:
The other driver has legal duty to be careful.
The other driver violated that duty.
There is direct relationship between accident and injury.
Now from the defendant’s prospective one has to prove that he exercised reasonable care in handling the car. He has to show
He operated the car at safe rate of speed.
Kept the vehicle under control.
Be on the lookout for all situation and hazards that could lead to an accident.
Your Houston personal injury car accident lawyer will examine the facts and can help you know filing for a claim is right option for you. If the circumstances of accident are not disputed, your claims can be resolved with settlement. It is up to you to see if the settlement is sufficient enough to meet your medical expenses and car repairs.