Car Accident Injuries: When Are You Entitled To Compensation?

Car injuries are more common than you think. Worldwide, about 1.3 million people lose their lives every year while plying the roads, according to the World Health Organization. While the majority of vehicle collisions may be minor, some do cause serious physical injuries and property damages. When these happen, at-fault drivers are responsible for the costs incurred by the aggrieved party, including medical and rehabilitation bills, repair costs, and other non-economic damages.

These payments are often determined by the courts and the laws applicable to the state where the accident took place. This article would discuss the main components to determine whether you’re entitled to compensation for your injuries following a car crash.

Is It a No-Fault Or An At-Fault Car Accident?

In states with no-fault insurance laws, drivers are mandated to have personal injury protection included in their car insurance policy. This personal injury protection allows motorists to receive medical expense payments for most common injuries following a car crash, regardless of who caused the accident. However, property damage claims aren’t covered by this type of insurance, so if you’re found to be responsible for damaging the other driver’s vehicle, you need your car insurance provider to pay for the needed repairs.

Comparatively, an at-fault car accident happens in states where there aren’t personal injury protection insurance laws. This means whoever is found guilty of causing the car crash will have to cover the injury and property damage claims. In these jurisdictions, it’s important to establish fault before filing insurance claims.

In some cases, though, finding out who’s at fault in a car crash can sometimes be tricky. That’s why it’s important for those involved to gather evidence of the crash site if they’re capable. Otherwise, traffic investigators and insurance companies will try to piece the evidence together to come up with a possible answer.

Determining Fault In A Car Crash

Auto insurance payments and compensation are impacted by at-fault and no-fault accidents. In addition, state laws can also influence how fault is determined in a car crash and how claims are paid out, including the amount of compensation one can get.

By definition, negligence means disregard for the care and proper attention. If a driver figured in an accident because of distracted driving or driving under the influence, this irresponsible motorist will likely be assigned the blame in the car crash, especially if the evidence of the accident scene strongly supports this.

Sometimes, both drivers may be found to be at fault in the car crash. In these instances, the state and insurance companies may assign each party involved in an accident a certain percentage of responsibility, depending on the details collected.

Why Is Determining Fault Important?

As mentioned, a driver who’s to blame for the accident will be responsible for paying the damages incurred by the other party. In some cases where the blame is assigned to both parties, the degree of responsibility could determine how much of the total expenses are paid out by the insurance company.

• Comparative Negligence. If you’re found to be 30% at fault while the other driver is 70% to blame, the other driver’s insurance company will pay the percentage amount of your medical costs and repair bills. This means your insurance company will pay the remaining 30% of the amount.

• Modified Comparative Negligence. You may not be compensated for car collision-related expenses if you’re more than 50% at fault for an accident.

• Contributory or Pure Negligence. In states where this is applicable, you can’t be compensated for the expenses you’ve incurred if you’re partly to blame for the accident, regardless of the degree of your responsibility.

Determining Whether Your Injuries And Other Losses Are Significant

If the crash was nothing but a fender bender and you came out with no major injuries, you don’t need to file a lawsuit for personal injury claims. You have to file a claim with your insurance provider and be checked by a doctor as some injuries may not show up immediately.

In cases where a car accident left you with moderate to serious injuries inhibiting you from your daily activities, most notably from reporting to work and other income-related activities, including other forms of pain and suffering, consider talking with your lawyer to explore the best legal options available for you.

Final Thoughts

Compensation for car accident injuries may include medical expenses, lost wages, reduced future earnings in cases of disabilities, and property and car repair. Additionally, you may also file claims for non-economic damages which include inconvenience, pain and suffering, emotional distress and mental anguish, and any other issues that impact your quality of life.

It’s best to file insurance claims following the accident and think about a lawsuit later. However, make sure to act fast as some states have statutes of limitation that’ll void your car collision claims filed past the due date.