Vehicle Collision: Who is Financially Responsible?

| January 3, 2014

caraccident2It is very important for you to have a firm understanding of your state’s basic insurance laws in case you are involved in an automobile accident. For example, some states have a no-fault law, and this means that your insurance provider should take care of all the necessary repairs and medical expenses regardless of whether or not you were at fault. However, most states do not follow this guideline. Also, it is important to note that even no-fault states have restrictions in place that can help you take legal action against a driver who was intoxicated or operating their vehicle without insurance.

Who is Responsible for My Car Accident?

It is always best to contact an accident attorney for assistance because there are many legalities that can be confusing for motorists after an accident. For example, if you live in a comparative fault state, you could end up getting only a prorated portion of your medical bills paid for if you contributed to the accident in any way.

Therefore, having a skilled lawyer on your side is the best way to work through all of the legal red tape that insurance companies can use to try to deny your claim. Additionally, it is important to note that you will have the opportunity to sue an uninsured driver in many states, especially if their uninsured status makes it difficult for you to have all of your expenses taken care of.

Do I Need to Retain an Attorney?

As previously mentioned, an accident attorney is a good legal resource if you are uncertain whether or not your state’s laws will permit you to take certain legal actions. As one Miami accident attorney states “Even though the chances of ending up in a courtroom with a jury are very slim, the insurance companies will try to settle the case with you for the smallest amount possible.”

However, you should definitely retain a lawyer if your insurance company gives you a difficult time with your claim. After all, as long as you have followed all of the applicable guidelines, you should be able to expect your insurance provider to live up to their end of the deal. Unfortunately, this is often not the case, but an attorney can help you turn things around.

Important Things to Consider

Dealing with extensive vehicle damage and medical bills can place a tremendous financial burden on anyone. Sadly, most insurance companies will use this to their advantage in order to settle your claim for less money than you deserve. Due to this, it is important to avoid signing a settlement waiver within the first few days after the incident.

Instead, you need to take the time to ensure that all of your vehicle and medical issues have been carefully looked at. Failure to do this could leave you suffering from a life altering injury without the proper compensation to pay for all of your medical needs. Keep in mind that your insurance provider is no longer required to give you any further financial assistance as soon as you have signed a settlement waiver. Additionally, this waiver will typically prevent you from taking any legal action against the company.

Ultimately, the determination of who is financially responsible for your accident will be based on your state’s laws and your role in the specific incident in question. Fortunately, you can take steps to make sure that you are not shortchanged by discussing the situation with an attorney.

Lisa Coleman shares how the law can differ from state to state in regards to who will end up being financially responsible when involved in an accident. She recently read online about how a Miami accident attorney firm can legally represent a client for such a case within the state of FL.

Photo Credit: http://www.flickr.com/photos/44124370018@N01/2477374996/

 

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Category: Car Insurance

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