Evaluating Your Options

After An Accident: Factors That Affect What You Are Owed

17 December 2020

Dale Watkins

It's only natural to be curious after a careless driver hits your vehicle and injures you. If the other driver was clearly at fault, you might wonder how much you are owed and how to go about getting paid. If you depend only on what the other driver's insurer offers, you are very likely to end up with a pitifully inadequate settlement check. To help you find out about the important factors that influence your personal injury compensation and what to do to be paid, read on.

Fault

This factor is undeniably the foremost in importance. If the other driver did not cause the accident, you don't have a case. Fault is determined by law enforcement and the insurer by conducting interviews of the involved parties, looking at photographs of the scene and vehicles, and by taking eye-witness statements.

Injuries

Second to fault is bodily injury. If you have a physical injury and the other driver is at fault, you may be owed money damages and not just medical expenses. Your medical treatment costs are linked to another form of damage known as pain and suffering. If you are suffering from severe injuries and your medical costs are high, you can be paid several times the actual dollar amount of your medical expenses in pain and suffering. Also, even relatively minor injuries can incur hefty medical costs.

Evidence

Thirdly, evidence to prove the above two factors is important. Unless the other driver admits to being at fault, you must be ready to prove fault and that can be challenging. In addition, you must prove your damages. Your medical needs, your wrecked car, your lost wages – those are all forms of evidence to prove damages. Cases with strong evidence tend to settle quickly and for higher amounts. Strong evidence may consist of:

• The accident report completed by law enforcement at the scene includes a summary of how the officer believes the accident occurred.
• Photographs of the location of damage to the vehicle and of your physical injuries.
• Medical records.
• Estimates of damage to the vehicle.

Using the above factors, your personal injury attorney will form a case against the other driver and their insurer. Once all the facts have been assembled, a demand letter will be sent to the other side demanding a settlement that takes into account your damages and what you are owed. To find out more, speak to auto accident attorneys near you today. 

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