An accident is an incident which is an unfortunate one that happens unexpectedly and unintentionally which results in injury or damage or sometimes the loss of a human life. Fatal accidents occur almost every day all over the world.
Many people’s lives are deeply affected by the accidents and their families also suffer emotionally and financially. Accidents occur mostly in the rural area due to poor road conditions and congestion.
After the happening of an accident, it is better to inform the police immediately by informing the local police station and getting the FIR copy.
After that, make a call to the insurance company that is a policy provider either directly or file a claim by logging into the insurance company’s website.
Great damages are done to the people within a short period mostly by accidents as it affects the victim in all aspects of their life.
The damages cannot be undone but somehow the settlement money can help the victim to manage their life to a certain extent.
- HAVE KNOWLEDGE ABOUT THE ELIGIBILITY FOR CLAIM?
- KNOW ABOUT THE TIME LIMIT?
- COLLECT INFORMATION ABOUT ACCIDENT?
- KNOW THE CAUSE OF THE ACCIDENT?
- KNOW THE POLICY COVERAGE?
- MAKE A ROUGH ESTIMATION FOR DAMAGES OR LOSS?
- WRITTEN STATEMENTS SHOULD BE PREPARE?
- SENDING A LETTER REGARDING THE CLAIM ?
- CONTACT THE OPPOSITE PARTY?
- REACH AN AGREEMENT OR TAKE LEGAL ACTION?
- ORGANISE PROOF AND WITNESS?
HAVE KNOWLEDGE ABOUT THE ELIGIBILITY FOR CLAIM?
The victim should have enough knowledge to research whether they are eligible for the claim after the occurrence of the accident. The victim can consult either with an attorney or discuss with the state department officials to know the details of the claim amount.
KNOW ABOUT THE TIME LIMIT?
From the date of the accident, there is a time limit for filing a lawsuit to get the settlement amount from the insurance company to compensate for the damages.
It is better to file a claim as soon as the accident occurred because the memory of eye witness is fresh in their mind and favor’s the victim’s side.
After a certain period, the victim cannot file a case against the insurance company and they cannot claim the amount for the damages, The period to file a case varies from state to state because of the different laws in different states, To know about the state law, the victim should research by themselves or they can consult an attorney.
COLLECT INFORMATION ABOUT ACCIDENT?
- Collect information about the involved vehicles like color, model, and registration details.
- Collect the information about the drivers or the owners of the vehicles involved in an accident
- Collect details of eye-witnesses like full name, address, phone number
- Accident scene photos
- Photos of the damaged vehicles
- A copy of the traffic accident report
KNOW THE CAUSE OF THE ACCIDENT?
The person who is the reason for the accident should pay for the damages that occurred due to the accident. If the opposite party is the base reason for the accident, they or their insurance company should settle the compensation amount.
If something else is the reason for the accident like a dog that crossed the road caused the accident, then the victim should get a consultation with the lawyer to recover the claim amount.
KNOW THE POLICY COVERAGE?
Go through the policy booklet thoroughly to know about the coverage of the insurance policy. So, it is better to deal with the insurance company directly and clearly.
The victim can convey their side of justice which proves their innocence to get the claim amount. Instead of going to court, it is better to go with the negotiation part with the insurance company.
The victim should check whether the expenses are fully covered by the settlement amount or the claim.
The victim can get a copy of the policy booklet from the insurance company if they would have lost it.
The definition section in the policy booklet will help the victim to know about the jargon related to the law.
MAKE A ROUGH ESTIMATION FOR DAMAGES OR LOSS?
The insurance company sometimes negotiates for a low amount of settlement with the victim, But that money might not be enough to cover all the damages.
Before negotiating with the insurance company the victim should analyse everything deeply, the claim by the victim should not only cover the present expenses but also the future expenses which will happen as a result of the accident.
The victim might get affected severely and the part of their body is damaged permanently. They cannot go for a job.
In such cases, the claim of the victim should also have an insight into the future which is a fair compensation from their side.
Hence, the victim should calculate the claim amount roughly before filing the lawsuit. The victim can also get guidance from an experienced lawyer.
WRITTEN STATEMENTS SHOULD BE PREPARE?
Before filing the claim some important statements should be prepared. In the written statements, clearly explain how the accident happened. If anyone saw the accident and they are ready to make a statement, it is better to include their statements.
Details need to be included in the document about the person who is making the statement?
- Personal details like name, age, occupati on, and address
- How the person involved in the accident
- How the accident occurred
- Date, time, and location of the accident
- Road and Weather conditions
- Vehicle traveling speed and skid marks
- Conversations involved during the accident
- Signature and Date of the eye-witness
- Whether the vehicle obeys the traffic rules
SENDING A LETTER REGARDING THE CLAIM ?
It is better to send a letter to the other driver after an accident about the claim which describes the cost of repairs due to the occurrence of an accident, after receiving the letter, the other driver moves the letter to the insurance company in which he holds the insurance policy.
CONTACT THE OPPOSITE PARTY?
The main reason for contacting the opposite party is to provide them a chance for paying the loss to the victim. Without going to court a person can negotiate with the opposite party for a fair amount of settlement, we can move to court for justice, but it will be a time-consuming one which involve more expenses and increase the level of stress to the victim.
REACH AN AGREEMENT OR TAKE LEGAL ACTION?
Negotiate with the opposite party like the insurance company and reach an agreement with them to get the settlement money.
If the opposite party is not ready to give the right amount of settlement then the final step is to take legal action against them.
While taking legal action against the opposite parties consider two things. Research whether they can pay the compensation amount completely if you win. Also, think about whether the victim has enough money to pay for the legal costs if they fail to prove their innocence.
ORGANISE PROOF AND WITNESS?
After deciding about approaching the court, organize all proof against the opposite party and seek help from eyewitnesses to clearly explain the accident scene.
Also, be ready if the opposite party turns the table towards you and depicts you as the cause of an accident. Answer the questions asked by the, defines attorney and get guidance from your lawyer for the correct response.