Why Do I Have to Go to Court After a Car Accident?

You may be entitled to compensation after sustaining an injury in a car crash caused by someone else’s fault. The process of obtaining damages includes filing an insurance claim or lawsuit against the at-fault party.

Most injured victims obtain compensation from the insurer of the at-fault party. However, some victims must litigate their claims for a fair settlement value for their losses. You may rely on a jury’s verdict or a judgment if both parties shift blame on the liable party.

While going to court may seem time-consuming and expensive, it may be the ideal solution to protect your rights, however, let’s dive into the possibility of going to court after a car accident.

Consider consulting a trusted car accident attorney in Atlanta, GA, about the best strategy to obtain a fair settlement value for your losses.

How Does a Car Accident Claim Work?

A car accident claim is an official request by the policyholder to the insurance company for compensation for damages and losses incurred. You can initiate a claim by calling the company or filing a form on their website to report an accident.

Then, the insurance company assigns someone to your case, a representative called an insurance adjuster. When an insurance adjuster contacts you, expect a few questions regarding how the accident occurred.

Here are pieces of information that an insurance adjuster may request from you:

• Images of the accident scene
• A copy of the police accident report
• Copies of your medical bills and records
• An insurance adjuster may want to look at the damages sustained by the vehicle.

Give the adjuster a complete account of your injuries and damage to your vehicle or someone’s property. You should also familiarize yourself with the types of losses you should claim so you don’t leave anything out.

The insurance adjuster may contact other drivers and witnesses to understand the version of their case. When an insurance adjuster speaks to other drivers and witnesses, they attempt to establish any deviation from your version of events.

An insurance adjuster might ask you to attend a medical examination with a doctor of their choice for a comprehensive analysis of your injury. Alternatively, they may request your medical records for further insights about your injuries.

What Are the Usual Steps of a Car Accident Before Going to Court?

Here are steps you can follow to increase your chances of a positive outcome in court:

Gather Information

If you’re involved in an accident due to someone else’s fault, you want to gather evidence that gives insights about the crash. Information about the accident’s occurrence provides an objective basis for holding the liable party accountable.

Immediately after the crash, take a few steps to collect the following pieces of information:

• Names and contact details of passengers and bystanders who witnessed the accident
• Contact details of the responding law enforcement officer
• A copy of the police accident report from the responding officer, if available
• Take images of the vehicle damage and accident scene
• Name, phone number, and address details of the other driver
• Driver’s license and the license plate number of the other driver

Collect as much information as possible immediately after the accident because most evidence disappears.

Seek Medical Attention

Some accident victims skip seeking medical attention depending on the nature of a car accident. Nonetheless, symptoms of particular injuries are not immediately apparent after an accident.

Therefore, car accident victims should consider a comprehensive evaluation from a health provider who can rule out any possible complications. Examination by a healthcare provider documents the injuries, creating a record you can rely upon to support your compensation claim.

Contact Your Insurance Company

Regardless of the party who caters to the damages after the crash, you want to inform your insurance company about the collision.

Even if the damages are minor, informing your insurer about the collision provides a few benefits, including:

• Minor injuries often become complications, and the person who promised to pay may lack the funds to cater to your losses.
• Your insurer may cater for accident-related losses if the at-fault party has insufficient or no insurance coverage.

Get in Touch With an Experienced Atlanta Car Accident Attorney

A car accident attorney can provide legal insights regarding your right to compensation. In addition, an attorney can communicate with an insurance provider on your behalf.

Before heading to court, an attorney can evaluate the merits of all offers made by an insurance provider. More importantly, they can demonstrate the extent of your injuries and negotiate for a fair settlement offer that matches your injury-related losses.

In What Cases Is it Common to Go to Trial?

When an injured victim takes a car accident claim to court, they can’t find a solution with an insurance company.

Examples of car accident claims mostly solved using trial include

• Where both parties can’t agree on the liable party
• An insurer tables a low-ball settlement offer for a severely injured victim
• There are no eyewitnesses to verify the accident with the insurer disputing your version of events

Tips to Avoid Going to Court After a Car Crash

You can improve your chances of settling before going to court by:

• Informing the police about the accident if there is death, bodily injury, or substantial property damage
• Seeing a doctor as soon as possible after sustaining an injury
• Keeping track of all your accident-related losses, including economic and non-economic damages
• Getting in touch with an experienced car accident attorney immediately after the accident
• Letting the adjuster be aware of the extent of your injury
• Keeping a day-to-day diary of your injuries
• Get images of all elements of your case
• Do not admit liability
• Conduct some research, so you’re aware of all the damages you’ve sustained

Get Legal Advice from an Experienced Car Accident Attorney in Atlanta, GA

Car accident cases can be complicated, and some injured victims find themselves facing a courtroom hearing. You need the right legal representation from start to finish.

An experienced attorney from Spaulding Injury Law: Alpharetta Personal Injury & Car Accident Lawyer will fight for fair compensation during insurance negotiations or litigation. Contact us online or at (770) 744-0890 for a free case evaluation.

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