Article: Car Crash Claims
At the outset one important observation – ‘each car accident is unique’. The probability that the same set of circumstances appears twice or more times consecutively is virtually impossible. Secondly, the laws of every country in the world regulate claims resulting from car accidents quite differently – this may be especially visible when we compare legal systems belonging to the ‘common law tradition’ to those of the ‘continental European legal tradition. For this reason when we will move on investigating matters related with car accident claims we have to have the aforementioned in mind.
Irrespective of legal jurisdiction, the following guidelines will hopefully help you secure your interest before you commence the accident claim retrieval procedure…
1. Be careful when you come across ‘management’ companies either attending the scene of the accident or hospital in the aftermath of the accident. It is common knowledge that these people have an interest (work on a commission basis) when they approach you. There is no doubt that some of these could be sincere when offering their services – however the stark reality is somewhat different. Many are often there for you (duly deserved) personal injury claim. Read the small print. Be skeptic of their “success” stories. Simply, be careful !
2. Car accident claims, because of their importance within the framework of ‘personal injury litigation’ market are straightforward if we consider their complexity. Directly after the accident, at the scene, collect as much data (such as driver and insurance details, where the accident took place, when and how, police report) as possible as this will warrant whether liability will be eventually admitted. Be aware that in many countries network registries store police reports on car accidents.
3. When you finally contact a lawyer be prepared. It is common practice (and in some countries a requirement) that the lawyer will ask you if he should explain the ‘procedures’ and whether you have any questions. If he doesn’t ask you – remind him to do this. And ask questions ! (e.g. Will I get the ‘whole’ of my compensation? If yes – Will I need to pay a fee? If no – Do you recover costs from the other side, i.e. people at fault ? If yes – Would I need to pay anyone any money once my claim is settled? Etc.
4. The possibility of trying a personal injury compensation claim is not excluded for the passengers of the vehicle (provided they were not at fault). Be aware that the passengers of your car may also raise a claim against you if it was your fault.
5.Certain factors decrease the compensation for sustained injury. Factors like these include: not having seatbelts fastened, knowing the guilty driver drove while intoxicated.
6.In some situations both drivers are at fault. To determine the degree of ‘fault’ an expert is usually advised.
7.The vehicles involved in a car accident are insured, irrespective of the owner of the vehicle (even in public transportation).
All I can say at this point is Good Luck !
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