How the Car Accident Claims Process Works
Many car accident victims are intimidated at the thought of moving forward with an insurance claim or civil lawsuit. This is, in part, because they do not know what to expect, understand how the claims process works, and are unsure if they are up to a complicated legal case. Fortunately, when you have a car accident lawyer on your side, you do not have to worry about these details. Instead, you can rely on your legal advocate to ensure you are informed, educated, and ready for every step of the process. Although every person’s case is different, here is a general idea of what to expect once you decide to hire a personal injury lawyer for your claim:
The Investigation
We begin by investigating the cause of your accident. Identifying the liable party is crucial, as they will be expected to compensate you for your damages. We will need to gather valuable evidence that proves their negligence. This may include:
- Photos of the accident scene
- Dashcam footage
- Video surveillance of the accident
- Data from your vehicle’s black box
- The driver’s cell phone records
- Police reports
- Reports from accident reconstructionists
- The driver’s chemical blood alcohol test results
- Witness statements
- Testimony from experts
- Forensic evidence
- Photos of your injuries
- Copies of your medical records
- Personal journal entries
- Vehicle repair receipts
Once we have completed our investigation, we will have gathered the evidence needed to prove liability in your car accident claim. The evidence we obtain will identify the asphalt party so we can pursue your insurance claim and car accident lawsuit against them.
Insurance Negotiations
Georgia law requires all motorists to purchase auto insurance coverage. Under the law, you must have at least $25,000 per person and $50,000 per accident in bodily injury liability coverage. You must also carry $25,000 in property damage liability coverage. These cover an injury victim’s healthcare costs and personal property damages after a collision. Georgia also follows a fault-based system for insurance purposes. In a car accident, you can rely on your attorney to file a claim with the liable party’s insurance provider. If the responsible party does not have insurance coverage, you will move toward a personal injury lawsuit instead. However, if the liable party does have insurance, your attorney will negotiate with the insurance company to ensure you are compensated fairly for your damages. The insurer will only need to compensate you up to the highest limits of the policyholder’s policy. If your damages are ultimately more significant than this amount, the remaining losses can be sought after through your car accident lawsuit.
Going to Trial
Not every car accident case will go to trial. If you can settle with the insurance company for an amount that meets your needs, court may not be necessary. However, since there are many limitations to come with insurance settlements, you should always prepare to go to court. In doing so, you will have access to compensation for every loss, not only medical expenses and property damages. Some examples of the economic and non-economic damages that could be recovered in your car accident lawsuit include:
- Pain and suffering
- Lost quality of life
- Loss of consortium
- Loss of employee benefits
- Loss of household services
- Diminished earning capacity
- Disfigurement and skin scarring
- Reputational damage
- Inconvenience
- Emotional distress
- Future medical expenses