You’re in a car accident. You get the other driver’s insurance information, file a claim, and voilà! Your damages are paid in full.
If only it were that simple. In reality, though, car accident cases rarely go that smoothly, if ever. Here are some examples as to why auto accident cases never work out how you assume they will, and why the help of a car wreck attorney is, therefore, almost always a necessity.
Disputes Over Fault
Perhaps the most common barrier to a smooth car accident settlement is a dispute over who was at fault for the crash. While you may think that the other driver’s fault is obvious, the other driver may try to argue that you were doing something dangerous or negligent at the time of the accident, too. If you’re found to be partially at fault for your accident, your damages amount may be reduced as such.
Disagreement over Damages Amount
Not only does fault play a large role in a car accident case, but so does the value of the damages you’ve suffered. There may be significant disputes regarding the following listed.
- The extent and severity of injury you’ve suffered
- Bills for medical treatment
- Injuries to your passengers
- Missed time from work and lost wages
- Extent of damage done to your vehicle (what to do about a ‘totaled’ car)
Unless you can prove the value of damages suffered and that they were directly caused by the car accident, you will not be able to recover compensation for them.
The Other Driver is Uninsured
If the other driver is uninsured, you may have a harder time recovering damages. This is especially true if you haven’t purchased uninsured/underinsured motorist insurance as part of your policy.
However, if your injuries are severe or if you’ve purchased full tort auto insurance, or if you were acting like a pedestrian or motorcyclist or bicyclist at the time of your accident, you can file a lawsuit against the at-fault party even if they don’t have insurance (you can also file a lawsuit if they do have insurance). You can also try to recover damages for pain and suffering if you have full tort coverage.
Why You Need a Car Accident Attorney
To help just the process of filing a car accident claim or advocate for you if the process gets complicated, call an attorney. At Cordisco & Saile LLC, our car accident lawyers can help you to prove fault, substantiate the extent of your damages, and file a lawsuit if necessary. To learn more, contact car crash attorneys at 215-642-2335 today.