Why You Should Consult a Lawyer When Have a Car Accident?
There are several reasons why you should always consult a lawyer after being in a car accident. Some of them include the statute of limitations, Uninsured motorist coverage, and the Comparative negligence rule. The following is a quick overview of these reasons. You should also take pictures of the accident scene and get the names and numbers of any witnesses. Additionally, you should check to see if there are any third-party security cameras at the scene of the accident. And finally, you should never admit fault or sign any documents before consulting an attorney.
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Uninsured motorist coverage
If you have been involved in a car accident and the other driver is uninsured, you may be able to claim his or her insurance company. This coverage is useful in bridging the gap between your liability limits and the number of damages the other driver is responsible for. However, if you do not have the proper coverage, you will be unable to receive compensation from the other party. To file a claim, you must contact your insurance company and notify them of the accident. The company will contact the other driver’s insurer on your behalf to investigate the incident and determine the amount of coverage the driver has.
Underinsured motorist coverage is also important. In cases where the other driver is not insured or has inadequate coverage, you can file a claim against them under your policy. The other driver may not have sufficient insurance to cover all your damages, so it is important to know what your options are. Underinsured motorist coverage may be necessary to pay for the medical expenses and other expenses you incur after the accident.
Statute of limitations
When you have a car accident, you need to seek legal representation as soon as possible. The statute of limitations for car accident claims begins to run after the date of the accident. However, if you wait too long, you may not be able to file a claim. The statute of limitations also varies depending on the type of claim. In some cases, the statute of limitations may be as short as two years or as long as three years, depending on the state.
Generally, a person who has been injured in a car accident has two years to file a lawsuit, with some exceptions, such as if the injured party lacks mental capacity. Despite these limitations, it is important to note that they are in place to protect the rights of the accused and prevent the courts from becoming flooded with claims. Furthermore, evidence degrades over time, which can make it difficult for injured victims to prove their case or for the accused party to defend themselves.
Comparative negligence rule
Some states follow the pure comparative negligence rule. But in other states, the rule is modified. Under modified comparative negligence, you can still collect damages even if you were partially at fault in the accident. In this scenario, if you were 20 percent at fault in the accident, you can collect $1,000 while the other party only has to pay you the other half. This is known as the 50 percent bar rule.
During the trial, the court will decide if the other driver was partially at fault in the accident. In most cases, one person will be held fully responsible for causing the accident, but there are some situations where both drivers may have been negligent. If that is the case, the rule of comparative negligence will be applied. If both drivers are at fault, you will not get a full or partial settlement. In these cases, you should discuss your case with a personal injury attorney as soon as possible.