What Should You Do If Party At Fault Refuses To Pay Damages Following A Car Accident
In 2018, the US saw around 12 million vehicles get involved in crashes. And as road accident victims can suffer from physical injuries and emotional and mental trauma, they are entitled to claim damages from the driver at fault or through an insurance company. The ideal situation is for them to get the payment they deserve. But as what any car accident attorney can attest, this is, unfortunately, not always the case.
If the other party refuses to pay damages following a car accident, what actions can you take? Read on to find out.
The Role of a car accident lawyer
Even when the other party denies that he or she is liable for the accident, victims can still pursue filing a claim and ask for a settlement. As this process can be complex, it’s a smart move to enlist help from a road accident lawyer. One of the most important roles that this legal expert play is proving the other driver’s negligence.
To better understand the complexity of this situation, take note that there are four legal elements of negligence: duty of care, breach of duty, causation, and actual damages. These four must be established for you to have a legal basis for your claim.
First and foremost, a car accident attorney must demonstrate the other party’s duty of care — that he or she is bound to follow traffic law and regulations. When the other driver fails to follow them, it can be asserted that he or she has breached that duty. If that breach of duty led to you suffering an injury, your lawyer will then establish causation. For actual damages to be proven, your lawyer should present pieces of evidence, which typically include:
Statement from medical experts
Proof of lost income
Statement from eyewitnesses
Photo or video documentation of your injury
CCTV footages of the accident
Comprehensive claims for road accidents can be established within insurance policies. But if the insurance company fails to give you the compensation you’re entitled to, your car accident lawyer will present the best options you have.
One is filing a lawsuit. While it may be time-consuming, this step is your sole option if you want to obtain full compensation. This means that you are suing the at-fault driver and prove before the court that his or her negligence has indeed caused the road accident and consequently your injuries.
Another option is by availing of your uninsured motorist coverage. This can be used even if the other party technically has an insurance policy. It’s a safety net you can utilize to get compensated when the driver at fault (or his insurance provider) refuses to cooperate with your claim.
Additionally, you can also take advantage of your collision coverage to cover necessary car repairs. This can be used as a supplement to your uninsured motorist coverage claim, which can support your expenses for your injuries and other damages.
Whichever route you take, it’s best to get a car accident attorney by your side to guide you throughout the process and help you protect your rights.