Evaluating Your Options

What Legal Issues Come Up After An Auto Accident?

5 February 2020

Dale Watkins

An auto accident is a terrifying event to deal with, and the legal side of the equation doesn't make the experience feel much better for most folks. Enforcing your right to file a claim, though, is an important job. If you're thinking about what to do next, it's a good idea to think about some of the legal issues that will come up.

Injuries

The level of the injuries involved in an incident will dictate how the claim is handled and whether you might have the right to sue for damages. At the lowest level, there are cases where no serious injuries have occurred, and these are basically claims that involve the replacement of the value of your car as property. The next tier up includes cases that involve injuries that require medical treatment. Finally, there are cases involving catastrophic injuries.

Especially in states that have no-fault insurance systems, the distinction between serious injuries and catastrophic ones is very relevant. This is because those states only allow people to sue if they've suffered what can be proven to be life-altering injuries of a catastrophic nature. Otherwise, claimants may have to stick with the no-fault system that caps their recovery of damages.

Blame

An auto accident where one side is 100% to blame is the exception, not the rule. For example, one driver may have been going 10 mph over the speed limit while the other was making a left turn in a dangerous manner. Legally speaking, the blame for the incident is divided up between the two drivers.

Compensation in these sorts of cases is usually based on the percentage of liability the at-fault party contributed. If one party was 80% responsible, for example, they would only be compensated for 80% of the damages involved in the case. Many states also have a minimum requirement that the at-fault party is at least 51% responsible for the auto accident.

The Insurance Company

Most claims are going to be handled through the insurance system rather than through lawsuits. The insurance carrier will designate a claims adjuster to assess the available evidence and establish if the claim is valid. Presuming the claim is found valid, the adjuster will then attempt to offer a reasonable settlement based on data regarding similar cases. Your counsel is obligated by law to present all settlement offers to you, and they can then explain whether they feel the one being made is fair.

Talk to an auto accident lawyer today to learn more.

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