A Message Regarding COVID-19: We are available to consult with you during this difficult and extraordinary time. If you, a family member or friend have been injured in an accident, our first concern is that you focus in the near future on your health and well being as well as that of your family and friends. Please feel free to contact us by phone or email with legal questions you may have concerning your accident, or other areas of the law. We are here to help. Be safe. Thanks.

Can You File a Car Accident Claim?

by Richard J. Banta | Jul 24, 2020 | Uncategorized

Car Accident Lawyer

Car accidents happen fast, and in the whirlwind that follows, it might not be clear whether you can file a claim. You might be unsure what qualifies for a claim, how much time you have or if it’s even worthwhile. Yet you can lose a lot of money because of an accident, and many people can’t afford to pay it out of pocket. So how can you tell if you should file? Here are five signs to help you decide.

  •  You Weren’t Responsible

First and foremost, were you responsible for causing the crash? If your answer is no, your chances of making a claim are a lot greater. So long as you’re insured, you can always file a claim with your own insurance, but if the other driver caused the crash, then you can file a claim to get money from their insurance company instead. This keeps your premiums from going up.

  •  You Have Proof of Negligence 

Once you’ve established you didn’t cause the accident, you’ll need to gather evidence that the other person did. Evidence can include a police report, photos of the crash scene, personal notes about what happened written just after the accident and witness statements. The other insurance will try its best not to pay you what you’re owed, so having some proof on hand will help move along your claim.

  •  Your Accident Happened Less Than One Year Ago

All states require that you file a claim within a certain amount of time following the accident. The shortest allotted time (in some states) is a year, so if you’re coming up on that deadline and you haven’t checked your state’s statute of limitations, do so as soon as possible. Most states have a limitation of two years.

  •  You Were Injured

If you’ve been injured in an accident, you can make a personal injury claim for physical and mental harm. You’ll need to prove that your injuries were caused by the accident, so see a doctor shortly afterwards. Keep documents of all expenses relating to your injury, such as medical bills and the salary you were making before the accident.

  •  You Have to Pay for Damages 

When it’s all said and done, damages to both yourself and your property can be hefty. One accident can place you in debt for years. If you’re afraid your future financial success might be ruined, it’s time to make a claim.