Car accident injury claims are made to seek compensation for personal injuries resulting from the accident.
Millions of car accidents occur in the United States every year. Many of these accidents result in severe injuries and property damage, establishing grounds for insurance claims. Car accident injury claims are made to seek compensation for property damage or personal injuries caused by someone else’s negligence.
Dealing with the Insurance Company
To receive compensation from another driver’s insurance company, you must prove that you suffered injuries or property damages due to a negligent driver. The insurance company may deny your claim if you fail to prove that your injuries and property damages resulted from the insured’s negligence. You will need to provide evidence in support of your claim to the claims adjuster.
“Burden of Proof” in St. Louis Auto Injury Claims
Victims of a car accident in Missouri can file a claim or a lawsuit against the responsible driver to ask for compensation for their injuries or property damages. This process can take on different shapes depending on your circumstances, but one thing will remain true no matter what: according to Missouri law, the burden of proof generally lies on you.
Simply put, when you file a motion for compensation, whether through Missouri courts or the driver’s insurance company, you are essentially saying the other driver has caused you harm and damages, and therefore you are entitled to receive compensation from the driver responsible. It is also your responsibility to prove what you are claiming is the truth, while the other driver will try to defend themselves.
Sometimes, proving the other driver is at fault can be quite difficult. Here are a few things to keep in mind that could increase your chances of proving
Police Reports and ‘Contributing Factors’
The police report is one of the most important documents you need to settle your claim. Most likely, the authorities will be called on-site, but even if the accident was minor and does not warrant police assistance, you should remember to file a report and give a statement of the events. The police report can often be viewed as an objective recollection of the events, and you and your St. Louis car accident lawyer can use it to build a case.
The report may contain a section labeled ‘Contributing Factors.’ If the accident occurred due to a violation of the state’s traffic laws, the police officer would likely report that as a contributing factor. Other contributing factors may include brake failure, intervening events, bad weather, and a blown tire. In most cases, only one driver is found at fault for the accident. Collect a copy of the police report as soon as possible after the accident.
Keep Track of Medical Records
If you want to file a claim for an injury, it’s imperative to collect all the medical evidence showing what the accident has caused you. That means collecting all medical bills and prescriptions issued for your injuries and statements from the doctors who have examined you.
Moreover, you should seek medical attention right after the accident, even if you feel fine. For one thing, adrenaline pumping through your veins can protect you from feeling any pain immediately, and other issues may arise later. A doctor can assess your condition, provide an initial diagnosis, or even order extra tests.
Seeking medical attention immediately can also be strategically smart for your compensation claim. When there is tangible proof you sought help right after the incident, it would be harder for the other party to argue your injuries were not the result of the collision. The longer you wait, the more difficult it will be to show the connection between your health and the crash.
Using Traffic Tickets in Settlement Negotiations
Police officers usually investigate several factors before issuing a traffic ticket. For example, they may interview witnesses, note the position of the cars at the time of the accident, and review traffic conditions, weather conditions, the extent of property damage, and skid marks to find out who was at fault for the accident. In most cases, accidents are caused by negligent driving or violation of the state’s traffic laws.
The Scene of the Accident
Consider reviewing the accident scene on your own one or two days after the accident. Check for any missing evidence, such as skid marks. Make notes of any evidence the police may have missed.
Free Consultation with a St. Louis Car Accident Lawyer
Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!