Making a Case for Your Car Injury Claim

If you are filing a car injury claim, either in the form of a claim with the insurance company or in the form of a lawsuit in court, you will need to make sure you have the evidence necessary to support your case. Car accident injuries are a form of personal injury lawsuit governed by tort law in most states, so you will need to understand the rules of tort law to understand how to build a car injury claim case.

Making a Case

The procedure for what you have to do to make a car injury claim varies depending on where you live and the nature of your injuries. If you live in one of the twelve no fault states and you are injured with minor injuries, you make a claim to your own insurance company. They will pay medical bills and lost wages, so you just have to submit evidence of your bills and time off work, as well as other requested proof of your claim or paperwork. In no fault states, you are allowed to sue, but only if your injuries are serious as defined by the law. In such cases, you will need to take your case to court and prove all the requisite elements of a car injury claim in court.

In fault states, you can also recover from your insurance company or the insurance company of the other driver. If you were at fault, you recover medical bills under personal injury protection, if you have it. You recover property damage loss under collision coverage, if you have it. These are optional policy provisions. If you purchased them and then suffer a loss, you just need to fill out the claims form, provide proof of your losses and negotiate with an adjuster who will make you an offer based on the value of your car or claim.

What if You Sue?

In either a fault or no fault state, if you decide to sue in court, there are several elements you need to prove to make a case for your car injury claim:

• You need to prove the other driver was negligent, which means he must have exhibited a standard of care while driving below that which a reasonable person would have exhibited.
• You need to prove that the other driver's negligence was the direct cause of your injury. If he ran a red light and hit you, that's easy. If he ran a red light and a minute later you hit him because you were texting while driving, then his negligence in running a red light wasn't necessarily the direct cause of the accident.
• You need to prove you were actually injured in some way and you must show the court the extent of your damages

Getting Legal Help

If you are going to make a car injury claim to your insurance company or if you are going to sue, you should work with an experienced car accident attorney. Your attorney can guide you through every step of the claims process and help you to decide if a settlement is fair or if you should take the case to trial.