Categories: Law Or Legal

How to Avoid Losing a Car Accident Claim Case

Have you been injured in a car accident? A claim for compensation could cover those medical bills. Here is how you can avoid losing your car accident compensation claim case.

Car accidents are never straightforward. There are always two or more sides to the story. The more witnesses there are, the better since this will help insurers put together an accurate picture of exactly what happened. If you want to avoid losing your car accident claim case, there are steps you ought to follow that will protect your legal interests. Let’s begin discussing what happens if you lose your case and go from there.

What Happens When You Lose Your Car Accident Claim Case?

Wondering what happens if you lose a car accident lawsuit? If you lose your lawsuit, then the other person is not liable to pay your damages. This means you will have to pay all your own medical bills and for any damage to the street furniture. If you opt for a no-win, no-fee legal team, you won’t have to pay the legal costs. Your insurer may cover the damages providing you meet all the policy requirements. This will push your fees up next year when you come to renew your insurance policy. 

In the worst-case scenario, the judge may rule that it was you who was at fault in the accident. In this case, your insurance company may cover the damages to your vehicle and the other party’s vehicle but may not cover medical expenses. It depends on how good your insurance policy is. If you have a bad policy and you are at fault, you could face a huge bill and lifelong repayments.

Do yourself a favor and find a good car accident claim lawyer from the outset. This will give you a better chance of winning your case.

How to Avoid Losing Your Car Accident Case?

If you want to avoid losing your car accident case, then we have pointers that will help you. Follow these guidelines and make sure you complete the right actions following your accident to maximize your chance of a successful car accident claim.

Things to Avoid to Win Your Case

Avoid these things if you want the best chance of winning your case.

1 – Stay cool, calm, and collected

Losing your temper at the scene of the accident will only make you look guilty. Nobody will give any sympathy to the person who is screaming and shouting. Maintain your integrity, get out and exchange details, and calmly call for help.

2 – Don’t say sorry

This should be drummed into inexperienced drivers from the beginning. Saying sorry is admitting fault. Don’t apologize, and say as little as you can. Swap contact details and talk to witnesses for their details. 

3 – Don’t fib

Don’t lie or even exaggerate what you think happened. If the witness statements don’t match what you say, this invites immediate suspicion. Always stick to the truth.

4 – Make your calls

Now that you have everyone’s details, you can start calling the police to report the accident, the hospital to tell them you need to be checked up because of an accident, and your lawyer to tell them you need them. They will advise you on what to say to the insurance company, who should be your next call.

Protect Yourself by Taking These Steps Post-Accident

If you want to avoid losing your car accident claim, protect yourself by doing the following things after the accident.

1 – Speak with the Police

Make sure you give a full report on what happened; you can do this at the hospital later if you have to.

2 – Visit the Hospital

Make sure you see a doctor to ensure you are OK. Underestimating your injuries could lead to worse health conditions later.

3 – Gather Evidence

If you are fit and able, gather evidence at the scene of the accident to prove your story. Take pictures of the positioning of the cars, of the road, and of anything else that may prove useful. 

4 – Witness Statements

The police will take full statements, but you can still ask the witnesses for their details for your insurance company. Take their details before they get away, or have your lawyer do this if you become incapacitated.

5 – Call your lawyer

They can advise you on what to do next.

6 – Call your insurance provider

They need to know about your accident so they can inform their own team.

7 – Record your Losses to Avoid Losing Out

Even if you manage to win your car accident claim case, you might not win enough to cover your expenses if you don’t keep accurate records. Accurate record-keeping avoids underpayment when it comes to deciding your settlement. When accounting for your losses, remember to factor in the following things:

  • Travel expenses to and from appointments
  • Lost property and the cost of the clothing you were wearing at the time of the accident
  • Medical bills, including any PTSD treatments or physical rehab
  • Any care you need afterward
  • The lost earnings you would make during your recovery time
  • Loss of potential future earnings
  • The loss of a personal or social life
  • Inability to take part in hobbies or interests
  • Missed payments to government departments due to illness/injury
  • And any other bills that occur because of the accident

If you keep your receipts and photograph any bills that come in, you can prove that the third party owes it to you if you can prove they were at fault.

8 – Be Prepared to go to Court

You should be prepared to go to court, although most car accident claims settle before then. If you hand over all your evidence and your statement, your lawyer will present this to the judge. The opposition will do the same. The judge will review all the evidence and apportion the fault. If you are any less than 100% at fault for the accident, you could receive compensation for your injuries. If you don’t use any legal support at all, you should expect to lose the case and end up paying the price.

Legal Help is Essential in Car Accident Claims

Put simply, legal help is the only way to give yourself the chance of maximum compensation after a car accident. Don’t leave it to chance. The other party may already be planning its case.

Isabella Mia

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