A picturesque road trip can quickly devolve into chaos and pain if you find yourself involved in a car crash. You may need to pursue medical treatment, and financial compensation from the person responsible. The legal aspects can vary from one state to the next, making it crucial to have a skilled lawyer by your side. In this article, we’ll discuss the key legal aspects to consider, following a car crash while you’re far from home.
Jurisdiction
The word ‘jurisdiction’ refers to the region and legal authority under which the incident falls. When a crash happens on your road trip, you’ll be subject to the law of the state in which the accident occurred. Each state has distinct rules concerning car accident procedures, determining fault, insurance claims, and compensation.
Statute of limitations, for instance, varies considerably from one state to another. This term denotes the legal timeframe within which you must file a lawsuit for the damages. If you exceed this time before filing a personal injury claim, you may be unable to proceed. In turn, you could lose out on receiving any financial compensation. This underlines the importance of choosing a local lawyer who’s familiar with the necessary legislation and timescales.
Legal Representation
An experienced personal injury lawyer will understand the intricate legal aspects surrounding car accidents. They can ensure that you receive proper representation and guidance throughout the process. They can protect your rights, gather evidence, negotiate with insurance companies, and file legal documents accurately. Also, they’ll identify who was at fault, and what kind of evidence is needed to support your claim.
Your lawyer can assess police reports, eyewitness testimonies, medical records, and other relevant information. In turn, they can build a strong case on your behalf against negligent parties – or insurance companies trying to minimize their payouts. They can calculate potential damages, based on factors like medical expenses, lost wages, and pain and suffering. It’s typical for a car accident lawyer to provide live chat facilities on their website, and guidance on what to do after an accident. They’ll often discuss the top causes of car accidents, negligence in personal injury law, and how you can damage your case by falsification.
Insurance Policies
How your insurance claim will be processed depends on the type of insurance system followed by the state where the accident happened. In “fault” states, the driver who caused the accident (and their insurance company) are responsible for all damages. In “no-fault” states, each individual’s personal insurance covers their own losses, ignoring who initiated the accident.
Understanding how these regulations affect your claim process is crucial. It’s therefore advisable to contact your insurance provider promptly after the accident. You’ll need to discuss the situation and understand how your policy applies in this scenario.
Reporting The Accident
Most states stipulate that drivers should report car accidents to the local police force. This is especially true when there are injuries or significant property damage. Reporting becomes even more crucial when the accident occurs out of state.
This is because it provides an impartial account of the incident, which is vital for insurance and legal purposes. You should cooperate with the police and provide an accurate account of the events. Never attempt to hide or destroy evidence, as this could work against you. You could receive a lower payout, or even have your claim denied.
Don’t be aggressive at the accident scene, apportion blame to others, or admit that you were responsible. Take the contact details of the police involved, and also the incident number. Obtain a copy of the official report once it’s produced. This may become a critical piece of evidence later on. It could document crucial details about the accident scene, involved parties, witness statements, and more.
Seeking Medical Attention
Regardless of whether you feel injured, seek medical attention right after the crash. The adrenaline rush following an accident can mask pain and injuries, some of which may only become evident hours or even days later (e.g. whiplash or concussion). The sooner any issue is diagnosed, the quicker you can receive treatment and recover. Without this important step, your condition could become worse, or cause additional/long-term medical complications.
Immediate medical attention is necessary for your health, but it’s also a legal necessity. If you file a personal injury lawsuit, you’ll need to provide medical records. This is to establish a tangible link between the accident and your injuries. If you leave it too long before seeing a healthcare professional, the other party could claim you sustained your injuries elsewhere.
Some states have Personal Injury Protection (PIP) as part of their auto insurance laws. This ensures that your medical bills are covered, irrespective of who caused the accident.
Documenting The Scene And Gathering Evidence
Accurate documentation of the accident scene can significantly impact the outcome of your insurance claim or lawsuit. Take pictures or videos that clearly depict the accident location, vehicular damages, injuries, road conditions, traffic signs, skid marks, car debris, and more. These can help reconstruct the accident, establish fault, and determine the extent of damages.
Collect contact and insurance information from all parties involved. If there are witnesses, gather their contact information too. Their testimonies could be pivotal in supporting your claim or lawsuit.
Dealing With Rental Cars
If you were driving a rental car during the accident, the process becomes more complex. Notify the rental company immediately, following their specific instructions. You need to understand what your rental agreement covers in terms of accident damages.
Your personal auto insurance policy might cover some expenses, and you may have additional coverage through the rental company’s insurance. There may even be some coverage through your credit card company, if you used it to book the rental. Understanding this coverage can save you from paying hefty repair costs out of pocket.
As you can see, there are many legal aspects involved in car crashes away from home. With the right legal assistance, however, you can navigate this difficult terrain. In turn, you’ll gain a successful outcome, and be able to move on with your life.
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About the author: Trent (IMDB | Youtube) has spent 10+ years working on an assortment of film and television projects. He writes about his experiences to help (and amuse) others. If he’s not working, he’s either traveling, reading or writing about travel/film, or planning travel/film projects.