Understanding a Car Accident Lawsuit

If you have been in a car accident, which has resulted in physical injury to you or damage to the vehicle, you can file a lawsuit against the party at-fault and acquire compensation. In a majority of cases, car accident cases are settled outside the court by negotiating. However, you need to set forward a strong negotiation in order to gain the deserving compensation. This is why it is wise to hire a Buffalo car accident attorney to represent you. There are different aspects of a car accident case, and understanding them helps you in making better decisions.

Reporting Your Accident

When you have experienced a car accident, it is important that you immediately report the accident to the police department. In case of severe injury or damage, you may have to provide a detailed written report of the incident. The law regarding how to report car accidents varies from state to state.

Car Accident Liability

When it comes determining car accident liability, there are two systems that include –

At-Fault System or Traditional Insurance Coverage

The traditional coverage system is the most commonly followed approach. In this, the individual responsible for the car accident has to take responsibility for the resulting damage. Once it is proven that the driver was at fault, you can take any of the following approaches –

  •       File the claim with your insurance company
  •       File the claim with the insurance company of the part at-fault
  •       File a lawsuit against the responsible party

No-Fault System

The no-fault system allows you to collect compensation for economic damages, irrespective of who was at fault. This system does not allow you to sue the other driver, which means you will not be sued as well. Depending on the policy limit, your insurance company is liable to pay for the personal injuries you have incurred.

Statute of Limitations

This is the time limit during which you have to file your claim. Post the expiry of this period; you will not be able to get compensation with regard to the car accident. In Buffalo, you have three years to file the claim from the date of the accident. In the case of a serious accident, the whole process will take more time due to the complexity. Therefore, it is advisable to file the case in a timely manner.

Typically insurance companies, as well as the individuals, try to settle the case outside the court itself. This is because when the case goes to trial, there is no guarantee of favorable outcomes. By filing your claim with the insurance company, you can get compensation for medical expenses, income loss, and even emotional pain caused by accident. You will need to gather all the necessary information and evidence to support your claim.

The other party’s insurance company will try to prove that your claims are untrue and offer less compensation than what you have asked for. Hiring a car accident attorney will help you take care of all the paperwork and negotiation. By leveraging their experience and expertise in the field, you can ensure to get maximum compensation.


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